Financial Mis-selling & Civil Litigation
CLAIMANT FREQUENTLY ASKED QUESTIONS
Frequently Asked Questions
Why do I need a loan from Affiniti finance?
|If you are unable to pay the costs of your litigation yourself, and do not have access to alternative funding options, Affiniti Finance can lend you the funds needed to cover the costs with no risk to you.|
What makes this loan different from a high street bank loan?
|Unlike a high street bank loan, there are no monthly repayments, the sum borrowed plus interest 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 uses £4000 to pay for your expert reports. Interest accrues on the £4000 only. Six months later, your solicitor draws the remaining £6000 to pay the court fees, and interest accrues on the £6000 from this point. When your case is won we calculate the final amount.|
What is the loan for?
|The loan is used to cover the expenses associated with your case, for example expert reports, court fees and the ATE insurance policy premium.|
Is the loan with me or my solicitor?
|The loan is a contract between you and Affiniti Finance, however, your solicitor will receive and manage the funds on your behalf.|
Does every solicitor have access to the scheme?
|Solicitors must be approved by Affiniti Finance before we can offer this service.|
How much can I borrow?
|Each case is unique and as such we do not have prescribed minimum and maximum loan amounts.|
Can I apply for a loan if I am acting for myself?
|No, you need to be represented by an approved solicitor in order to apply for a loan from Affiniti Finance.|
I have a Litigation Friend, can I still apply for a loan with Affiniti Finance?
|Yes, you can apply for funding if you are using a Litigation Friend to assist with your proceedings.|
When can I apply for funding?
|You can apply for funding at any time during the legal proceedings.|
Will you do a credit check on me?
|We use a leading credit search company to carry out a 'soft search' credit check. This will not leave a mark on your credit file.|
What security is required?
|The loan is secured against the damages you will win from your case.|
What is the loan application process?
|Your solicitor will introduce your case to Affiniti Finance and we will send you the Application Form. If your case and circumstances meet our requirements, we will issue you a Loan Agreement. After signing the Loan Agreement, you have a 14 day cooling off period in which you can change your mind. After the 14 days your funds will be available to your solicitor to use to pursue your case,|
Am I required to take out insurance?
|You are required to take out an After The Event (ATE) insurance policy before we can finance your loan. Your solicitor can advise you on this.|
How is interest calculated?
|Interest is calculated daily on a 'simple' basis. Interest is applied to the final sum repayable to Affiniti Finance. An example of this calculation will be provided in your application documents.|
What if I change my mind?
|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 case yourself or have secured alternative funding you will be liable to repay the capital plus any interest. We do not charge early repayment fees.|
Can I stop proceedings?
|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. Please read the relevant Clause of our Loan Agreement.|
I already have a loan with you, can I change solicitor?
|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 win 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. Please read the relevant Clause of our Loan Agreement.|
What happens if my case loses?
|Your After The Event (ATE) insurance will cover the cost of your loan. Affiniti Finance will not charge you any interest.|
Does my solicitor earn a referral fee for recommending me to Affiniti Finance?
|No, your solicitor does not receive any financial incentive for referring your case 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.|
Is the loan regulated?
|The loan is regulated by the Financial Conduct Authority. Affiniti Finance's registration number is 664254.|
After The Event Insurance / ATE
|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 action. The borrower does not have personal liability for the loan.|
|A person making a claim, in this case in a lawsuit.|
|Interest that is paid only on an original amount borrowed|
Soft credit search
|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 visable to other companies.|
|The requirements that must be met before we fund a case|
|A suitable person appointed by the court to represent a 'protected party' for example a child or an adult with limited mental capacity.|
|When you (your solicitor) withdraws money from your available loan balance from Affiniti|