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, contractual dispute, etc.
The loan can be used for any relevant purpose: legal costs, court fees, medical expenses and/or day-to-day living expenses.
Affiniti will lend in circumstances where, having assessed the merits and value of your claim and the credit standing of the defendant/insurance company, we believe the prospects of success are sufficiently great to cover at least the amount being loaned and the accruing interest.
There is a minimum of £2,000 and a maximum of £200,000 which we will lend depending on the specific circumstances of your case. The money is either paid to you or, at your direction, to your Solicitor.
The loan contract is between you and Affiniti, although your Solicitor has obligations to us as part of your loan, namely to pay off the loan from any proceeds they receive from your ATE insurance policy and/or as part of the settlement of your case before the remainder is passed to you and to communicate anything material to the loan that happens during the conduct of the litigation.
No, the litigation is pursued in your name and you will have the sole conduct of the case. Only in the event of default under the loan agreement will the benefit of the claim be assigned to us.
Disbursement Loans can only be provided if the Loan is secured on an After The Event insurance policy. This can be arranged for you by either your Solicitor or Affiniti Finance. Affiniti for Health and Well Being Loans are unsecured (Non-Recourse). In all cases your Solicitor must provide, in an agreed form, an undertaking to repay the loan plus interest out of the proceeds of your case if it is successful. If a secured disbursement case is unsuccessful, Affiniti’s loan is repaid out of the proceeds of the ATE insurance policy.
The charging structure is transparent and straightforward. There are no administration charges nor early repayment penalties. We charge a drawdown fee on Disbursement Loans. The only cost of borrowing the money is the simple (not compounded) interest which Affiniti charges. This will depend on the amount borrowed and our assessment of the case.
All the interest is rolled up so there is nothing to pay us until the loan is repaid. As we do not compound (i.e. charge interest on interest) there is no cost penalty for waiting until settlement.
Interest is calculated on a simple basis charged on a daily basis i.e. there is no compounding of interest.
Yes, Affiniti is authorised and regulated by the Financial Conduct Authority. Our registration number is 664254.
Affiniti for Health and Well Being Loans are non-recourse. If your claim fails, Affiniti will write off the debt and interest and there will be no further recourse to you. In the event that the proceeds of the claim are insufficient to discharge the amount of the loan and the interest, Affiniti will write off the balance and, again, there will be no recourse to you.
Yes, but there is a requirement for a Solicitor to be approved by and registered with Affiniti.
No, you need to be represented by a Solicitor in order to apply for a loan from Affiniti. If you disinstruct your Solicitor after we have made the loan to you or act in ways which undermine the good faith nature of the relationship, you will be in breach of the loan agreement and the amount of the loan plus accrued interest becomes repayable immediately.
The first step is to complete a loan application form. We will then consider your application (which will take no more than 48 hours) and, if successful, we will then send you a draft loan agreement for your consideration and a letter of authority for you to send your Solicitors. After we have received the paperwork from your Solicitors, we will assess the claim and, if approved, make an offer to you based on our assessment. If you 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. If you are applying for a Disbursement Loan, an ATE insurance policy, on terms acceptable to Affiniti, must be in place before any funds can be drawn down.
No, there is no requirement for this but you are free to take independent legal advice if you wish. 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 you the implications if you breach the terms of the loan agreement.
Even though we are primarily making a decision to lend based on our assessment of your claim, we are required by the FCA to undertake an assessment of your financial circumstances. Fundamentally, we need to know that you are not insolvent and that you therefore have the right to bring the claim. However, we will ask additional questions to understand more about your financial circumstances, for example, are you in an Individual Voluntary Arrangement, do you have any County Court or other judgments? All information will be assessed, although the merits, value and collectability of the claim will be the overriding consideration.
Assuming that you loan application is successful you will be required to sign the loan agreement and your Solicitors will be required to sign our standard form of undertaking.
If you are dissatisfied with your Solicitor for good reason, you may instruct a new firm, but you must notify us of your intention and seek our approval first, please read the relevant Clause of our loan agreement. Once you have notified us we will work with you to resolve any difficulties you may be experiencing. If you disinstruct your Solicitor without seeking our prior approval the loan and accrued interest will become repayable to us immediately. As your Solicitor will have given Affiniti an undertaking regarding repayment, any new Solicitor would have to be prepared to give the same undertaking on taking over the conduct of the case. If you instruct a new Solicitor who does not replace the undertaking, you will be in breach of the terms of the loan agreement and the loan and accrued interest will become repayable by you immediately.
If you wish to discontinue proceedings, you must consult with us first to determine the best course of action for all parties, please read the relevant Clause of our loan agreement. The proceedings may only be discontinued with our agreement. If you discontinue the proceedings for no good reason, without notifying us and
obtaining our agreement, the loan plus interest will become immediately repayable by you.
If during the course of the proceedings, you believe the circumstances change so that a successful outcome is no longer achievable,you must contact us to discuss the situation.
You must not act in way which reduces the chances of a positive outcome of your claim, please read the relevant Clause of our loan agreement.
If, in the reasonable opinion of us and your legal team, you fail to continue to give instructions to your Solicitor or you fail to take any any step required by your Solicitor to assist in the pursuit of your claim, the loan plus interest will become immediately repayable by you.
If you are experiencing any difficulties in supporting your Solicitor in the pursuit of your claim, you must contact us and consult with us and we will assist as much as we can.
Your solicitor does not recommend the scheme. The scheme is one option potentially available to you and you should explore other sources of borrowing to ensure this is the best choice for you. Your Solicitor may refer you to Affiniti but the Solicitor receive no financial incentive from us for doing so.
There is no requirement to tell the other side about the loan. However, if the loan is being used to pay for your legal fees or disbursements, your Solicitor may want to
notify the other side because you may be able to claim the interest element back as part of your claim for damages
The Court has the power to include the interest payable on the loan as part of your claim for damages if the loan has been spent on legal fees/disbursements. Please speak to your Solicitor for advice on this.
The loan period is linked to the timing of the outcome of the claim, whether it is determined at trial or settled earlier.
There are no penalties for paying off the loan early. We calculate interest daily so the shorter time that you have the loan the less interest you will pay.
Yes, but only in the event that you 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 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.