1. Introduction
These Terms of Use (the Terms) set out how you may use the website at equiclear.uk (the Website) and the introduction service offered through it. Using the Website includes browsing it, using its calculators and submitting an enquiry form.
Please read the Terms before you use the Website. By continuing to use it you confirm that you accept them and agree to comply with them. If you do not agree, please stop using the Website. You are welcome to print or save a copy of the Terms for your records.
Our Privacy Policy explains how we handle personal information, and our Cookie Policy explains the cookies we use. Both form part of these Terms.
2. About us
The Website is operated by Nesto Mortgages Ltd, trading as Equiclear. Nesto Mortgages Ltd is registered in England and Wales under company number 14964264, and is registered with the Information Commissioner's Office as a data controller under registration reference ZB595538. Our registered office is Amtri House, Hulley Road, Macclesfield, Cheshire, SK10 2NE. You can contact us at contact@nesto.co.uk.
3. What we do
Equiclear is an introducer. We publish general information about consolidating unsecured debt using the equity in your home, through either a secured loan or a remortgage, and we offer a short enquiry form. If you complete that form, we pass your details to a mortgage broker who is authorised and regulated by the Financial Conduct Authority (FCA). The broker contacts you, assesses your circumstances and gives you regulated advice on whether either route is suitable and, if so, which one.
Our role ends at the introduction. Any advice you receive, any recommendation made to you and any loan or mortgage you take out come from the broker and the lender, under their own terms, not from us.
4. What we do not do
- We do not give advice. Nothing on the Website is a personal recommendation. It is general information to help you understand the options before you speak to an adviser.
- We do not lend. We are not a lender and we do not decide whether anyone will lend to you or on what terms.
- We do not sell or arrange products. You cannot buy a loan, mortgage or any other product from us.
- We do not run any credit searches. We may ask you some questions about your situation so that your enquiry reaches the right kind of adviser, but we never search your credit file. The broker you are passed to may, as explained in section 8.
5. Cost to you and how we are paid
Using the Website and submitting an enquiry is free, and there is no obligation to go ahead with anything. We do not charge you at any stage.
If you proceed with the broker we introduce you to, the broker pays us a fee for the introduction. That fee does not increase what you pay. The broker will tell you separately about any fees of their own and any commission they receive from a lender, as the FCA requires.
6. Illustrative figures and calculators
Any interest rate, monthly payment, total repayable figure or saving shown on the Website, including in calculators, comparison tools and worked examples, is illustrative only. These figures use fixed example rates and terms so that you can see how the numbers behave. They are not an offer, a quotation or an indication of what you would be offered.
Your actual rate, term and cost will depend on your circumstances, your property, your credit history and the lender. Spreading debt over a longer term usually reduces the monthly payment but increases the total amount you repay. Only your adviser and a lender can give you real figures.
7. No promise of an outcome
We cannot promise that a broker will be able to help you, that any lender will lend to you, or that any product will be on particular terms. Lending decisions are made by lenders using their own criteria, including affordability, credit history and the equity in your property. An enquiry may be unsuccessful for reasons outside our control, including information being entered incorrectly.
8. Your information, contact and credit checks
When you submit an enquiry you confirm that the information you give is true and accurate to the best of your knowledge. Misleading information may cause your enquiry or any later application to fail and may breach the terms of any agreement you enter into with a broker or lender.
By submitting the form you ask us to pass your details to an FCA authorised broker and agree that we and the broker may contact you by telephone, email or SMS about your enquiry. You can ask us or the broker to stop at any time.
By clicking "Submit", you ask Equiclear to pass your details to an FCA authorised mortgage broker. You also agree to the broker carrying out a soft credit search when it receives your enquiry, so that the quotes it gives you are more accurate. However, not all brokers will carry out a soft search. Equiclear does not carry out credit searches.
The FCA authorised broker your details are passed on to may use Valid8 IP Ltd to run the soft search. A soft search is visible only to you and the broker. It does not affect your credit score and cannot be seen by other lenders. The broker is responsible for the search and carries it out under its own privacy notice. Valid8 IP Ltd uses your data only to obtain credit report information, as set out in its Privacy Policy. For how Equiclear handles your data, see the Equiclear Privacy Policy.
If you go on to apply for a loan or mortgage, the lender will carry out a full credit search, which is recorded on your credit file, and may verify your identity and the information you have provided with credit reference agencies and fraud prevention agencies.
We handle your personal information in line with our Privacy Policy.
9. Using the website
By using the Website you confirm that you are at least 18 years old, that you live in the United Kingdom and that you are using the Website for your own personal, non-commercial purposes.
You must not:
- use the Website in any way that breaks the law or these Terms;
- submit an enquiry on behalf of someone else without their permission, or submit false or misleading information;
- knowingly introduce viruses or other harmful material, attempt to gain unauthorised access to the Website or the systems behind it, or interfere with its operation;
- use automated tools to copy or extract content from the Website without our written permission.
Access to the Website is provided on a temporary basis. We may change, suspend or withdraw all or part of the Website at any time without notice, and we will not be liable if it is unavailable for any period.
10. Accuracy of information
We take reasonable care to keep the information on the Website accurate and up to date, and we show the date each guide was last reviewed. Even so, the information is general in nature, may not reflect the latest lender criteria or rates, and may not apply to your situation. It is not a substitute for advice. Please check anything you intend to rely on with your adviser before acting on it.
We may update or remove content at any time without notice.
11. Intellectual property
The Website and everything on it, including text, guides, calculators, data, images, design, layout and the Equiclear name and branding, belong to Nesto Mortgages Ltd or our licensors and are protected by copyright and other intellectual property rights. All rights are reserved.
You may view the Website and print or save pages for your own personal use. You must not copy, reproduce, republish, adapt or distribute any part of the Website for commercial purposes, or remove any notices from copies you make, without our prior written consent.
12. Third-party websites and services
The Website links to other organisations, including the free debt advice services MoneyHelper, StepChange and Citizens Advice, lender and regulator websites, and the FCA authorised broker we introduce you to. We do not control those websites or services and we are not responsible for their content, their terms or their handling of your information.
Any advice you receive, and any product or agreement you enter into, is between you and the broker or lender concerned. You should read their terms and their privacy policy before proceeding.
13. Liability
To the fullest extent permitted by law, we are not liable for any loss or damage arising from your use of the Website or of any information on it, from any introduction we make, or from the advice, products or services of any third party. In particular we are not liable for loss of income, profit or savings, loss of data, or any indirect or consequential loss.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited under the law of England and Wales. Nothing in these Terms affects your statutory rights as a consumer.
14. Free debt advice
Borrowing against your home is not the right answer for everyone. If you are struggling to keep up with payments, free and impartial debt advice is available from MoneyHelper, StepChange and Citizens Advice. We encourage you to consider it before taking on further secured borrowing.
15. Governing law
These Terms, and any dispute or claim arising out of or in connection with them or your use of the Website, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that if you live in Scotland or Northern Ireland you may also bring proceedings in your local courts.
16. Changes to these terms
We may revise these Terms from time to time. The date at the top of this page shows when they were last updated. Changes take effect when they are published on the Website, and your continued use of the Website after that date means you accept the revised Terms. Please check this page occasionally.
17. Other legal terms
- Severability. If any part of these Terms is found to be invalid or unenforceable, the rest continues in full force.
- No waiver. If we do not enforce a right under these Terms, that does not mean we have given it up.
- Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, are the whole agreement between you and us about your use of the Website. They do not cover your relationship with any broker or lender, which is governed by their own terms.
18. Contact and concerns
If you have a question about these Terms, or you are unhappy with any part of our service, email contact@nesto.co.uk or write to Nesto Mortgages Ltd, Amtri House, Hulley Road, Macclesfield, Cheshire, SK10 2NE. We will acknowledge your message promptly and look into it.
If your concern is about advice you have received or a product you have taken out, please raise it with the broker or lender concerned in the first instance. They are FCA regulated and have their own complaints process, and if you remain dissatisfied you may be able to refer the matter to the Financial Ombudsman Service.