While the information in this site and all of the information on properties provided have been carefully compiled and are believed to be accurate, no warranty is given in this respect and potential purchasers should satisfy themselves as to any points arising therefrom.
None of the items included in a sale of a property of working or running nature such as central heating installation or mechanical or electrical equipment have been tested by us and no warranty is given in this respect and potential purchasers should satisfy themselves as to any points arising therefrom. Any photographs used are purely illustrative and may demonstrate only the surroundings. They are not therefore taken as indicative of the extent of the property, or that the photograph is taken from within the boundaries of the property, or of what is included in the sale.
O’Malley Property respect and are committed to protecting your privacy. We promise that we will take steps to use your personal information only in ways that are compatible with this policy. The following is only in effect for the web pages, newsletters, discussion lists and announcement lists owned and operated by O’Malley Property.
We maintain a strict no spam policy that means that we will not sell, rent or otherwise give your email address to a third party.
O’Malley Property will not send you emails that you have not agreed to receive when you sign up for a service that O’Malley Property provide your name or a list is recorded solely for purposes of maintaining your account within O’Malley Property’s database.
Subject to any Right to Cancel the Vendor may have and the Terms and Conditions relative thereto, if this Sole Selling Rights Agreement is terminated by either party (for whatever reason), the Vendor will pay to us the Registration Fee PLUS all advertising costs, agreed at initial stage and subsequently agreed with us, any other costs or charges, any withdrawal costs due and any amount to which the Agent is entitled in respect of the performance of this Agreement, before being released from the contract.
1. Sole Selling Rights
Subject only to any Right to Cancel the Vendor may have, this Sole Selling Rights Agreement will continue for a minimum period of 6 months and thereafter month to month until terminated by either party on giving one month’s prior notice in writing. In the period during which we have sole selling rights you may NOT:
You will be liable to pay a Commission Fee to us, in addition to any other costs or charges agreed, in each of the following circumstances:
3. Our Commission and Charges
The Commission Fee due to the Agent is calculated in accordance with the Confirmation of Sole Selling Rights Agreement. The amount charged will be a percentage rate, subject to any minimum amount detailed. Our commission is based on the total value of the transaction including the sale price and the price of fixtures and fittings (the “Total Value”). For the avoidance of doubt, the Total Value will include the value of any goods or property exchanged by the purchaser in satisfaction, whether in whole or in part, of the transaction.
Personal data is collected by us using the following methods:
Third parties or publicly available sources (processing Identity, Contact and Financial categories of personal data) such as:
To source products, provide indicative quotes, and process & deliver your application for a mortgage or protection product
To manage our client relationship with you which will include:
Create and maintain access to your customer portal account
Customer reviews / surveys
Re-engagement when existing products nears expiry / review protection needs
Performance of a contract with you
To comply with a legal obligation
Necessary for our legitimate interest (to re-engage with you to review your existing mortgage / protection needs, and to maintain and improve customer service standards)
To respond to case enquiries and input to & defend against complaints
To comply with a legal obligation
Necessary for our legitimate interest (to ensure that complains can be responded to accurately)
Necessary for our legitimate interests and of the New Home Builder / Estate Agent (to ensure that a property is affordable before proceeding with the purchase process)
To comply with a legal obligation
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
Necessary for our legitimate interests (to study how customers use our products
/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics and other systems including AI and automated decision making to improve our website, products/
services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to analyse customer usage, update our website, to develop our business, and to inform our re-engagement and marketing strategy)
Change of purpose
We will only use your personal data for the purposes stated above, unless we reasonably consider that we need to use it for another reason and it is compatible with the original purpose. Please contact us for an explanation as to how any new processing is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Changes to our Privacy Notice
We keep our Privacy Notice under regular review. This Privacy Notice was last updated on 31st December 2020. Historic versions can be obtained by contacting us.
Use of AI and Automated
We may use your data in AI and automated decision-making systems for re-engagement purposes as a legitimate interest to review your existing mortgage and source suitable new products. If you do not wish your data to be used by such systems, please notify us at firstname.lastname@example.org
You will also have the choice to opt-in to receiving other related marketing information and related products and services. You can opt-out of receiving these types of communications at any time by contacting your adviser, by emailing email@example.com or by clicking on the relevant link in email communications you receive from us. However please note that your personal information will not be passed to any third-party organisation for marketing purposes.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We also limit access to your personal data to only those Mortgage Advice Bureau staff, appointed representatives, advisers, business partners and suppliers who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Website Third-party links
Mortgage Advice Bureau website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Sharing of personal data outside of the United Kingdom
Some of our external suppliers are based overseas so their processing of your personal data will involve a transfer of data outside of the UK. In such cases data is transferred under conditions to provide protection to personal data equivalent to UK Data Protection standards. This includes the use of standard contractual clauses in contracts with external suppliers in order to provide the same level of protection for personal data as it has in the UK.
Who we disclose personal data to:
Within Mortgage Advice Bureau
Lenders and protection product suppliers
To source and submit applications in order to conclude the contract for the mortgage / protection application and the ongoing servicing of these contracts
To source your bank account information via Open Banking with your consent
Solicitors / Conveyancers
Estate agents/ new home builders
To update the firm of mortgage / protection advisers, estate agents and home builders with whom you are interacting about the results of affordability checks and progress of your application.
Licensed credit agencies
For the purposes of confirming your identity to comply with Anti Money Laundering requirements (TransUnion data processing information can be found in the privacy notice on the www.callcredit.co.uk website); to perform a credit assessment to assess your eligibility; to obtain a Lenders Decision In Principle;and as part of a full application.
In order to fulfil our legal obligations as a regulated profession, for example with the Financial Conduct Authority, to verify your identity and comply with Anti Money Laundering legislation, and otherwise co-operate with law enforcement, legal proceedings or regulatory authorities.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
These companies are required to ensure appropriate security measures are in place and maintain the confidentiality of your personal data, and to use your personal data only in the course of providing such services and in accordance with Mortgage Advice Bureau instructions.
How long is your personal data retained?
Successful mortgage / protection applications
For the full mortgage or protection policy term plus a further 6 years, or for a period of 30 years for historical cases if the original term is not recorded
Withdrawn, stalled, incomplete and failed mortgage / protection applications
2 years from the date the latest application was started, or 6 years from the application submitted date if application was submitted and subsequently rejected or from creation date if advice has been provided but not pursued
Client Portal accounts
2 years from date of last login if not proceeded to full application
2 years from Decision In Principle if affordability check does not proceed to a full mortgage application
Enquiry data obtained from third parties that do not result in an application
2 years from the date the lead was received from the Introducer
After these retention periods if there is no other on-going client relationship your personal data will either be securely deleted or anonymised so that it can be used for statistical purposes but without any method of identifying you individually.
Your legal rights regarding your personal data
You have the right to:
Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data. This enables you to have any incomplete or inaccurate data corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete personal data where there is no good reason for us continuing to process it. You can also ask us to delete your personal data where you have successfully objected to the processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to delete the data for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you have any questions or complaints relating to how we use your personal data, or if you wish to exercise any of your rights regarding your personal data, please contact the Information Security & Data Protection Manager by emailing Data.Protection@mab.org.uk or by writing to us. We will respond to you as soon as is possible. The length of time will depend on the type and complexity of the request, but you will receive a response no later than one month from the initial request.
What if I am still not satisfied?
If you are not satisfied with how Mortgage Advice Bureau has responded to your enquiry, you have the right to complain to the Information Commissioner’s Office (ICO), who is the regulator for data protection in the United Kingdom.
O’Malley Property Finance is an appointed representative of Mortgage Advice Bureau. Our customers are covered by this shared set of rights, as laid out below. The policy is also published here.
Our number one priority is to provide customers with the highest level of service. However, we know that sometimes things can go wrong. Customer feedback helps us understand where things have gone wrong and gives us the opportunity to put them right. It also helps us understand where we need to improve our products and services.
If you have a complaint about your Adviser or the service you received please contact us.
Post: Resolutions Department (Complaints), Mortgage Advice Bureau Limited, Capital House, Pride Place, Derby, DE24 8QR
Phone: 01332 200020 We may record and monitor calls.
If your complaint cannot be resolved straightaway we will:
Acknowledge receipt in writing, confirming our understanding of your complaint, who will be handling it and giving you the opportunity to provide any further information or documents
The Financial Ombudsman Service
If you’re dissatisfied with our response, you can ask the Financial Ombudsman Service for an independent review free of charge, but you must do so within six months of the date of MAB’s final response letter.
The Financial Ombudsman Service (FOS) will only consider your complaint once you’ve tried to resolve it with us, so please take up your concerns with us first and we’ll do all we can to help. We do our best to resolve complaints and only around 15% of cases are referred to the FOS for an adjudication.
The FOS is also only able to consider certain categories of complaint, for example complaints about Buy to Let mortgages, which are not regulated by the Financial Conduct Authority will normally be outside the jurisdiction of the FOS.
In addition, the FOS might not be able to consider your complaint if:
What you’re complaining about happened more than six years ago, and
You’re complaining more than three years after you realised (or should have realised) that there was a problem.
If your complaint was made outside of these time limits, which is a matter for The Ombudsman to decide, The Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if it believes that the delay was as a result of exceptional circumstances.
Further information on the services provided by the Financial Ombudsman Service can be found on their website: http://www.financial-ombudsman.org.uk or alternatively,
Post: The Financial Ombudsman Service, Exchange Tower, London. E14 9S
Phone: 0800 023 4567 or 0300 123 9123
Alternative Dispute Resolution (ADR) Directive
Alternative Dispute Resolution (ADR) Directive. The ADR directive is European law, which means alternative ways of resolving contractual disputes between consumers and businesses are available. The Financial Ombudsman Service (FOS) is the ADR provider for Financial Services in the UK and will provide a complaint handling service under the ADR Directive in addition to its role as an Ombudsman Service.
Mortgage Advice Bureau has decided to continue dealing with customer’s complaints when they are received rather than pass responsibility to the FOS under the ADR Directive. This does not affect customers’ statutory rights of referral to the FOS as outlined above.
Online Dispute Resolution Platform (ODR). Complaints about Financial Services firms may also be sent to the Online Dispute Resolution website; http://ec.europa.eu/consumers/odr.
Any complaints received via the ODR, will be forwarded to the FOS and then to MAB. Complaints received by this method will be treated in the same way as those received through existing means.