Financial Mis-selling & Civil Litigation
Frequently Asked Questions
If you are unable to pay the costs of your legal claim yourself, and do not have access to alternative funding options, Affiniti Finance may be able to lend you the funds needed to cover the costs.
A loan from Affiniti is only one of the funding options available to you.
Yes, a drawdown fee of £95 or 1% of the amount drawn, whichever is greater, for each drawdown made by your solicitor.
|Unlike a high street bank loan, there are no monthly repayments, the sum borrowed plus interest and our fee is only payable if you win your claim. We also only charge you interest on the amount of money you have used, from the date it is drawn from us. For example - You have a loan of £10,000 and your solicitor draws down £4000 to pay for your expert reports. From the point of draw down interest accrues on the £4000 only. Six months later, your solicitor draws the remaining £6000 to pay the court fees, and interest then accrues on the £6000 from this point. When your legal claim is settled we calculate the total amount you will need to repay which includes the loan amount used, interest and our fee.|
|The loan is used to cover the expenses associated with your legal claim, for example expert reports, court fees and the ATE insurance policy premium.|
|The loan is a contract between you and Affiniti Finance, however, your solicitor will receive and manage the funds on your behalf.|
|Solicitors must be approved by Affiniti Finance before we can offer this service to you.|
|Each case is unique and as such we do not have prescribed minimum and maximum loan amounts.|
No, you need to be represented by a solicitor who is on our panel in order to apply for a loan from Affiniti Finance. Contact your solicitor to establish whether they are on our panel. Your solicitor will then need to contact us directly.
|Yes, you can apply for funding if you are using a Litigation Friend to assist with your proceedings.|
|You can apply for funding at any time during the legal proceedings.|
|We use a leading credit search company to carry out a 'soft search' credit check. This will not impact your credit score or be visible to others that may view your credit file.|
|The loan is secured against the damages you will win from your claim or the ATE Insurance Policy.|
|A solicitor from our panel will need to introduce your loan application to Affiniti Finance and we will send you the Application Form for your signature. If you meet our lending criteria, we will issue you with pre-contractual information for you to consider and a Loan Agreement. If you wish to pursue the loan you will need to sign the Loan Agreement. When your loan agreement has been signed by you and us, you have a 14 day cooling off period in which you can change your mind about the loan. After the 14 days has passed and you haven't changed your mind, the funds will be available for drawdown by your solicitor to use to pursue your legal claim.|
|You are required to take out an After The Event (ATE) insurance policy before we can finance your loan. Your solicitor will advise you on this.|
Interest is calculated daily on a 'simple' basis. Interest is applied to each amount drawn from the point it is drawn with the final sum repayable to Affiniti Finance when the claim has been settled.
An example of this calculation is provided within the pre-contractual information.
|If you change your mind within the first 14 days, there is no impact on you and we will cancel your loan. If 14 days has passed and you wish to fund your claim yourself or have secured alternative funding you will be liable to repay the capital plus any interest which has been drawn down by your solicitor. We do not charge any early repayment fees.|
|As part of your contract with Affiniti, you must ask your solicitor to consult with us first to determine the best course of action for all parties. 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 any interest will become immediately repayable by you. If during the course of the proceedings, you and your solicitor believe that a successful outcome is no longer achievable, you must contact us to discuss the situation. Full details are contained within the Terms & Conditions of the Loan Agreement.|
|You must notify us of your intention before you change solicitors. Your current solicitor will have given Affiniti an undertaking to repay your loan on your behalf upon the settlement of your claim; and any new solicitor will need 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 immediately. If you dis-instruct your solicitor without discussing this with us first this will breach our agreement and the loan and accrued interest will become repayable to us immediately. Full details are contained within the Terms & Conditions of the Loan Agreement.|
|Your After The Event (ATE) insurance will cover the cost of your loan. Affiniti Finance will not charge you any interest.|
|No, your solicitor does not receive any financial incentive for referring your application to us. Our loan is one option available to you and you should discuss other sources of funding with your solicitor. You are under no obligation to take a loan with Affiniti Finance.|
|The loan is regulated by the Financial Conduct Authority. Affiniti Finance's registration number is 664254.|
|After the event (ATE) legal expense insurance is taken out after an accident has happened in order to cover you for any legal costs you may incur when you pursue legal action|
|A payment from your solicitor to a third party to cover, for example, court fees.|
|A loan secured by collateral, in this case the settlement from your legal claim.|
|A person making a legal claim, in this case in a lawsuit.|
|Interest that is paid only on an amount borrowed.|
|A search to look at information on your credit file. This has no impact on your credit score, any future credit application and is not visible to other companies.|
|Our Lending requirements that must be met before we consider a loan application.|
|A suitable person appointed by the court to represent a 'protected party' for example a child or an adult with limited mental capacity.|
|When your solicitor withdraws money from the available loan balance from Affiniti.|