Affinti require the solicitors to undertake to repay the amount of the loan plus accrued interest out of the proceeds of the claim to the extent that there are sufficient damages to do so. There are additional undertakings requiring the solicitors to notify Affiniti in the event that the client/borrower acts or threatens to act in such a way to undermine the good faith agreement between the parties or prejudice the litigation.
No, the fact that you are aware of Affiniti’s product means that you are able to discuss it with the client as part of the usual introductory discussion about funding litigation. If the client is interested, you may give them Affiniti’s details but you should not be recommending the product.
The first step is for the client to complete a loan application form. Affiniti will then consider the application (which will take no more than 48 hours) and, if successful, we will then send the prospective borrower a draft loan agreement for their consideration and a letter of authority to send to the solicitors requesting them to send us the paperwork relating to the claim. After we have received this, we will assess the claim and, if approved, make an offer to the client based on our assessment. If they are happy to proceed and the loan agreement and solicitors undertaking is returned to us (and the 14 day cooling off period has expired) the loan will be made available.
From start to finish, assuming all steps are taken timeously, including the 14 day cooling off period, we anticipate the process will take 28 days.
No, all documents have already been prepared and will be provided to the client at the appropriate time. However, draft copies of the loan agreement and solicitors’ undertaking will be made available if requested
There is no minimum but there is a maximum which we will lend depending on the specific circumstances of the case.
The money is either paid to the client or, at the client’s direction, to yourselves.
The charging structure is transparent and straightforward. There are no administration charges nor early repayment penalties. The only cost of borrowing the money is the interest (calculated on a simple basis) which Affiniti charges. The interest will depend on the amount borrowed and the assessment of the case.
Interest is calculated on a simple basis i.e. there is no compounding of interest, and it accrues on a daily basis.
All the interest is rolled up so there is nothing to pay us until the loan is settled. As we do not compound (i.e. charge interest on interest) there is no cost penalty for waiting until settlement. The total interest the client pays is at the same rate if they pay it after settlement as it is if they pay it in monthly instalments during the course of the loan.
Yes, but only in the event that they decide to repay the loan before the outcome of the case is known. Once the outcome of the case is known, assuming it is successful, then in accordance with the solicitors’ undertaking, the loan and accrued interest (assuming there are sufficient proceeds) must be repaid in full from the proceeds of the claim.
The loan period is linked to the timing of the outcome of the claim, whether it is determined at trial or settled at an earlier stage.
Yes, there are no penalties for paying off the loan early. We calculate interest daily so the shorter time that the client has the loan the less interest they will pay.
The loan will remain in place for as long as it takes the case to be heard or to settle. No extensions beyond this time will be given.
No, there is no requirement to take out life insurance, or After The Event insurance. The client can spend the loan money as they wish. However, they may decide that it would be sensible to take out some form of insurance in order to protect themselves against an unsuccessful outcome.
Affiniti’s loan scheme is designed to be offered to anyone, whether individual or corporate, that has commenced proceedings for damages arising out of a legal wrong, whether a personal injury claim, financial claim on divorce, contractual dispute, contentious probate etc.
The loan itself is unsecured, although we will require an undertaking from the solicitor acting for the client to repay the loan plus accrued interest out of the proceeds of the case.
No, the litigation is pursued by the client in their name and they will have the sole conduct of the case. For this reason, Affiniti believes that it will not expose itself to third party costs orders. Only in the event of default under the loan agreement will the benefit of the claim be assigned to us.
Yes, Affiniti is regulated by the Financial Conduct Authority to . Our registration number is
The loan can be used for any purpose: legal costs, medical expenses, insurance and/or day-to-day living expenses.
Even though Affiniti is primarily making a decision to lend based on our assessment of your claim, we are required by the FCA to undertake an assessment of the client’s financial circumstances. Fundamentally, we need to know that they are not insolvent and that they therefore have the right to bring the claim. However, we will ask additional questions to understand more about their financial circumstances. All information will be assessed, although the merits, value and collectability of the claim will be the overriding consideration.
If the client wishes to instruct a new firm of solicitors, Affiniti will require an undertaking from the new solicitors. If the new solicitors are not willing to replace the undertaking the client will be in breach of the terms of the loan agreement and the loans and accrued interest will become repayable to us immediately.

If the client discontinues the proceedings for no good reason, apart from having to pay the other side’s costs, the loan plus interest will become repayable. If, however, during the course of the litigation, the circumstances change so that a successful outcome is no longer achievable, you may advise that the best outcome is to discontinue the proceedings on the basis that each party bears their own costs. Provided we are satisfied that this is the only possible outcome, the loan plus interest will be written off

A loan can be applied for at any time after the proceedings have been issued. We want to be satisfied that an analysis of the case has already been undertaken by the legal representatives and the client has been advised to proceed. It also assist us to know that a financial commitment towards the claim has already been made, whether by the client personally or by the solicitors by way of a conditional fee agreement or a damages based agreement.
No, there is no requirement for this but if the client wishes to do so (whether of their own volition or on the litigation solicitors’ recommendation) is, of course fine. Our procedures are simple and transparent and all of our documentation is written in clear and straightforward English. We are also obliged by the FCA to explain fully to the client the implications if the loan is not repaid or they breach the terms of the loan agreement.