Cobine Carmelson Ltd
Is authorised and regulated by the Financial Conduct Authority No: 605049.
Registered Office: 80–83 Long Lane, London, EC1A 9ET.
Registered in England & Wales No: 06517917, Data Protection Act Registration No: ZA028973
Declaration of Status and Terms of Business
Please read this document carefully. It sets out the terms and conditions on which we agree to act for you, it contains details of our responsibilities, together with your responsibilities both to us and to insurers. Please contact us immediately if there is anything in this document that you do not understand, or with which you disagree. Your receipt of this document constitutes your informed consent to its contents. In the interests of security, staff training and to generally improve our service please be aware that telephone calls may be monitored and/or recorded.
1 Introduction and scope
- 1.1 Offer and acceptance – These Terms of Business (Terms) describe the services we offer and the basis upon which we will act for you. By instructing us to arrange, renew or otherwise deal with your insurance, you accept these Terms. If you do not agree, you should not instruct us.
- 1.2 Superseding previous agreements – These Terms replace any previous agreements or discussions between us relating to our appointment. Any changes must be agreed in writing.
- 1.3 Commencement and duration – These Terms take effect from the date you receive them and will continue until terminated.
2 Our status and services
- 2.1 Regulatory status – Cobine Carmelson Ltd is authorised and regulated by the Financial Conduct Authority (FCA) under firm reference number 605049. You can verify our details on the FCA Register at https://register.fca.org.uk/ or by calling 0800 111 6768. Our permitted business includes arranging general insurance contracts.
- 2.2 Our role – We are an independent insurance intermediary acting on your behalf in arranging and administering insurance. Unless we advise you otherwise, we provide advice based on a fair and personal analysis of the market. Where we offer products from a single insurer or a limited panel, we will tell you.
- 2.3 Services – Our services include:
- advising you on your insurance needs;
- arranging insurance cover with insurers to meet those needs;
- issuing documentation and assisting with midterm changes;
- assisting you with claims; please note that some claims may be handled directly by insurers.
- 2.4 Non-advised sales – For certain products we may act without providing advice. In such cases we will ask questions to narrow down the selection; you will make your own choice.
- 2.5 Delegated authority and subcontracting – We may place business under a binding authority or delegation and may act as agent of the insurer for underwriting or claims. We may also use other group companies or third parties to perform services. Where we act as agent of the insurer, we will let you know.
- 2.6 Conflicts of interest – We have arrangements to manage conflicts of interest. If we cannot manage a conflict satisfactorily, we may decline to act. Where a product is underwritten by an insurer with whom we have a financial interest (for example, an insurer owned by our parent company) we will tell you.
3 Your responsibilities
- 3.1 Duty of disclosure – Under English law you must make a fair presentation of the risk by disclosing every material circumstance you know or ought to know. Information is material if it would influence an insurer’s decision to accept the risk or the terms offered. You must answer all questions honestly and disclose any changes during the policy period. Failure to do so may result in a claim being refused or your policy being cancelled.
- 3.2 Checking documents – You must check the proposal forms, statements of fact, schedules, and policies we send you and notify us immediately if any information is incorrect.
- 3.3 Payment of premiums and fees – You must pay premiums, fees and taxes in cleared funds by the payment date stated in our invoice or debit note. Failure to pay may lead to insurers cancelling your cover.
- 3.4 Claims and incidents – You must notify claims or potential claims promptly in accordance with your policy conditions. Late notification may prejudice your claim.
4 Our remuneration
- 4.1 Commission and fees – We normally receive commission from insurers calculated as a percentage of your premium. We may also agree a fee with you, or charge administration fees for placing, amending, or cancelling policies. We will tell you the basis of our remuneration before you purchase insurance. You have a right to request information about our earnings on your policy.
It is our policy to place business with an insurer solely upon the principle of putting the customer’s interest first. You are entitled at any time, to request information regarding any commission which we may have received as a result of placing your insurance business. - 4.2 Additional income – We may earn interest on client monies held in our bank accounts.
- 4.3 Nonrefundable earnings – Our commissions and fees are earned at the start of your policy and are usually non-refundable, even if the policy is cancelled. If you terminate our appointment while a policy we placed is still in force, we will remain entitled to the full commission and fee and may require the new broker to collect and remit to us.
- 4.4 Administration charges – We may charge administration fees for issuing policies, changing details, or cancelling policies. Details of any fees will be provided to you in advance.
5 Client money and payment handling
- 5.1 How we hold money – Unless otherwise advised, we hold client money in a non‑statutory trust in accordance with FCA rules. We may transfer client money to insurers or intermediaries (including those outside the UK).
- 5.2 No client money – If we advise that we do not handle client money, all premiums must be paid directly to the insurer. In this instance, we are not authorized to accept cash or cheque payments on behalf of the insurer, and any such payments to our staff or representatives will not be regarded as received by the insurer. Cover will only take effect once the insurer has received and accepted your premium directly.
- 5.3 Interest and investment income – We will retain any interest or investment income earned on client money.
6 Cancellation and refunds
- 6.1 Cooling-off period – You may have 14 days from the later of the policy start date or receipt of the full policy documents to cancel your policy. During this period, you will be charged for time on cover and may pay an administration fee.
- 6.2 Cancellation after the cooling-off period – If you cancel after the cooling-off period, the refund of premium is governed by the insurer’s terms. We may retain any commission and charge an administration fee. Optional extras will be cancelled at the same time as the main policy.
- 6.3 Automatic renewal – Where you have given authority, we may automatically renew your policy to ensure continuous cover. We will write to you before renewal with details of the terms and premium. If you pay by direct debit and do not instruct us otherwise, we may continue any arrangement to collect premiums.
- 6.4 Termination – Either party may terminate this agreement at any time by giving written notice. Termination will not affect the rights or obligations already accrued. We may retain commission or fees earned.
7 Claims
- 7.1 Notification – Notify us (and your insurer if required) as soon as you become aware of a claim or potential claim. Failure to do so may invalidate your claim.
- 7.2 Claims handling – We will assist you with your claim but cannot guarantee its outcome. Some claims may be handled directly by insurers, yet we are on hand to support you. You must cooperate with insurers’ reasonable requests and provide accurate information.
8 Confidentiality and data protection
- 8.1 Confidentiality – Both parties agree to keep confidential any non-public information obtained as a result of this agreement, except where disclosure is necessary to perform the services or required by law.
- 8.2 Personal data – We act as the data controller of the personal data you provide to us and of any personal data we receive from insurers and other relevant third parties in connection with your insurance. We will process your personal data to obtain insurance quotes, arrange and administer your insurance policies, assist with mid-term changes, manage and support any claims, carry out fraud prevention checks, and meet our legal and regulatory obligations. By entering into these Terms of Business, you consent to us sharing your personal data with, and receiving your personal data from, insurers, underwriters, claims handlers, service providers, intermediaries, loss adjusters, and regulatory authorities where necessary for arranging, administering or managing your insurance and any claims. Full details of how we use personal data and your rights under data protection law are set out in our Privacy Notice, available at: https://cobinecarmelson.com/privacy-policy/.
- 8.3 Recordings – We may record telephone calls for training, monitoring, and regulatory purposes.
9 Financial crime and sanctions
We will not provide any services that would breach applicable laws on anti-money laundering, terrorist financing, bribery, corruption, or sanctions. We reserve the right to cease providing services, freeze funds and/or report to authorities if we believe financial crime rules may be breached.
10 Complaints and compensation
- 10.1 Complaints – If you are dissatisfied with our service, please contact Jason Cobine:
Cobine Carmelson Ltd
138 Cromwell Avenue
Cheshunt Herts EN7 5DW
Tel: 020 7371 2812
Email: jason@cobinecarmelson.com
We will acknowledge your complaint promptly and investigate in line with FCA and Financial Ombudsman Service (FOS) requirements. If you remain dissatisfied, you may be eligible to refer your complaint to the FOS.
- 10.2 Compensation schemes – We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we are unable to meet our obligations.
11 Limitation of liability
- 11.1 Scope of liability – Our liability to you for any claim (other than personal injury or death resulting from our negligence) is limited to £1,000,000 per claim or series of related claims, unless otherwise agreed. We will not be liable for loss of profits, business, goodwill, or indirect losses. You should consider purchasing separate cover for such losses.
- 11.2 Insurer solvency – We do not guarantee the solvency of any insurer. If an insurer becomes insolvent, we are not liable for any unpaid claims.
12 Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute will be subject to the exclusive jurisdiction of the English courts.
13 Miscellaneous
- 13.1 No waiver – Any failure or delay by either party to enforce any right under this agreement shall not be deemed to be a waiver of that right.
- 13.2 Severability – If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force.
- 13.3 Assignment – We may assign or transfer our rights and obligations under this agreement to another authorised intermediary. You may not assign your rights without our written consent.
- 13.4 Variation – We may amend these Terms by giving you notice or providing you with an updated version. Your continued instructions after receiving notice will constitute your acceptance of the changes.