Financial Mis-selling & Civil Litigation

LAW FIRM FAQs

Frequently Asked Questions

If your client is unable to pay the costs of the legal claim and does not have access to alternative funding options, Affiniti Finance may be able to lend your client the funds needed to cover the costs.

A loan from Affiniti Finance is only one of the funding options available to them.

If the claim is successful the loan, interest and fees are payable to Affiniti Finance from the proceeds of the claim when it has been settled.

If the claim is not successful, the ATE Insurance Policy will cover the cost of the loan. Affiniti Finance will not charge the client any interest.

The Affiniti Finance loan has been structured specifically to meet the needs of private individuals who need money to pursue a legal claim. The key benefit of the loan is that your clients do not need to repay Affiniti Finance if they lose the claim – the client repays the loan and interest out of the damages that they are awarded if they win the claim. If they lose the claim, the ATE Insurance Policy proceeds will repay the loan and Affiniti Finance will write off the interest. In addition, there are no monthly repayments to Affiniti Finance, everything is repaid to Affiniti Finance when the claim is settled.

The loan is used to cover the expenses typically associated with a legal claim, for example expert reports, court fees and/or the ATE Insurance Policy premium.

We will assign to you an Affiniti Finance relationship manager who will support you through your firm's application, we will then complete our due diligence and approval process. Please contact us for more information.

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Affiniti Finance requires the law firm to undertake to repay the amount of the loan plus accrued interest and fees out of the proceeds of the claim or the After The Event (ATE) policy, to the extent that there are sufficient funds to do so. There are additional Undertakings including requiring you to notify Affiniti Finance in the event that the Claimant acts or threatens to act in such a way to undermine the good faith agreement between the parties or prejudice the legal claim.

The loan is a contract between the client and Affiniti Finance; however, you will receive and manage the loan on your client’s behalf.

Solicitors must be approved by Affiniti Finance before we can offer this service to your clients.

Each claim is unique and as such we do not have prescribed minimum and maximum loan amounts.

No, they need to be represented by a solicitor who is on our panel in order to apply for a loan from Affiniti Finance.

A client can apply for a loan 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 client’s credit score or be visible to others that may view their credit file.

The repayment of the loan balance is secured by way of an assignment of the ATE Insurance Policy and undertakings given by the solicitor in relation to proceeds payable under the legal claim and/or the ATE Insurance Policy.

A solicitor from our panel will need to introduce the loan application to Affiniti Finance and we will send the client the Application Form for completion. If they meet our lending criteria, we will issue the pre-contractual information for their consideration and a Loan Agreement. If they wish to pursue the loan they will need to sign the Loan Agreement. When the Loan Agreement has been signed by both the client and us, they will have a 14-day cancellation period in which they can change their mind about the loan.

Your client is not required to take out any insurance in relation to the loan, but they are required to assign us the benefit of the ATE Insurance Policy relating to the legal claim.

Interest is calculated daily on a ‘simple’ basis. Interest is applied to each amount drawn from the point it is drawn with the final loan balance repayable to Affiniti Finance when the claim has been settled.

 

Affiniti Finance will retain the funds until you request a drawdown, at which point the funds will be sent direct to your client account.

 

If your client changes their mind about the loan, they have the right to withdraw from the Loan Agreement within the first 14 days following the date that the Loan Agreement is signed by both of us.

 

If they withdraw from the Loan Agreement within this time they will be responsible for the repayment of the loan which has been drawn down by you and any interest that has accrued on it.

 

As part of the Loan Agreement with Affiniti Finance, your client must ask you 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 your client discontinues the proceedings for no good reason, without notifying us and obtaining our agreement, the loan plus any interest will become immediately repayable by the client. If during the course of the proceedings, you or your client 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.

Your client may change solicitor but only with Affiniti Finance’s prior approval. If they do not get our prior approval to change solicitor, they will be in breach of the Loan Agreement and the loan and accrued interest will be immediately repayable to us. Full details are contained within the Terms & Conditions of the Loan Agreement.

No, we do not pay a financial incentive for any introductions to Affiniti Finance. Our loan is one option available to your client and you should discuss other sources of funding with your client.

In the unfortunate event of the Claimant's death, the loan is settled against their estate.

Yes, the loan is a Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974.

Affiniti Finance is regulated by the Financial Conduct Authority and our registration number is 664254.

 

Glossary

ATE legal expense insurance is taken out after an accident has happened in order to cover your client for any legal costs that they may incur when they pursue legal action.

A payment from you to a third party to cover, for example, court fees associated with a legal claim.

A person making a legal claim, in this case in a lawsuit.

Interest that is paid only on an amount borrowed; interest is not charged on interest.

A search to look at information on the client's credit file. This has no impact on their credit score, any future credit application and is not visible to other companies.

When you withdraw money from the available loan balance from Affiniti Finance in association with your client's claim.

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