Terms & Conditions

Terms of Business

The Financial Services Authority is the independent watchdog that regulates financial services. Contained in this document is information which the Financial Services Authority requires us to tell you. Use this information to decide if our services are right for you.

Who we are?

Diva is a division of Swinton Group Limited who are a nationwide insurance broker. Our head office address is Swinton House, 6 Great Marlborough Street, Manchester M1 5SW. Swinton Group Limited is owned by MMA Holdings (UK) plc. We operate a number of trading divisions including Swinton Colonnade, Swinton Taxi and Swinton Bikes.

Whose policies do we offer?

For the majority of the policies we sell we deal with a range of insurers. In some circumstances we offer the policies of a limited number of insurers or a single insurer; however, we are not contractually bound to do business in this way. Where we deal with a range of insurers or a limited number of insurers, we select a policy to meet your particular needs.

The table below shows which types of policy we offer from a range of insurers, a limited number or from a single insurer. If a type of policy is not listed in the table, we offer that type of policy from a single insurer. A list of all the insurers we deal with is available on request. We have a range of different trading divisions and retail channels. Different divisions and channels may offer different product ranges and different policies, and our rates and charges may vary according to the retail channel you have chosen.

Range of insurers	Limited number of insurers	Single insurer
Car*	Public Liability	Driver’s Legal Protection
Home Buildings and Contents	Annual Travel	Home Emergency
Motorcycle	Caravan	Household Legal Protection
Commercial Vehicles	Holiday Homes	Breakdown
	Employer’s Liability	Pet
	Collectors Cars	Photographers and Studio
	Taxi	Minibus
	Landlords	Motor Homes
	Small Craft	Accidental Death Benefit
		Personal Accident
		Single-trip Travel
		Landlords Legal Protection

* Diva offers policies from a limited number of insurers.

We will receive payment of your premium from you as agent for the relevant insurer. Any claims money or refund of premium we receive from the insurer in respect of your insurance is also received by us as agent of the insurer. As agent of the insurer we receive a commission in respect of each policy we arrange. Should you wish to receive details of this you may do so by either, contacting your local branch or our Customer Assistance Team, tel 0845 168 3676, at the following address: Swinton, Swinton House, 6 Great Marlborough Street, Manchester, M1 5SW.

Which service will we provide you with?

In addition to our website and call centres, we have a network of over 470 branches to help you with your insurance needs. We will advise and make a recommendation for you after we have assessed your needs.

For policies incepted on our web site, we do not provide advice or make a recommendation. We ask questions to narrow down the selection of products on which we provide details. You then make your own choice on how to proceed. Once a policy has been completed on our web site all your subsequent requirements or queries on the policy including mid term adjustments, claims or renewals should be dealt with by contacting us on the telephone number shown on the covering letter . We will therefore provide advice and a recommendation on all these subsequent transactions with us.

For policies purchased through other channels, we will advise and make a recommendation for you after we have assessed your needs

Your right to cancel your insurance

You have a right to cancel any insurance you buy through us and to recover any payment made (except as stated below). You can do this by giving notice to your branch (whose address is shown on the covering letter) within 14 days of your receipt of the policy document.

If you do exercise this right to cancel your insurance, you will be charged by the insurer for the service provided up to the point of cancellation. We will also make a cancellation charge of £50.00 except as shown in the ‘service charges’ table overleaf. You will not be entitled to a refund of the service charge or credit card handling charge made by us for arranging your insurance.

Further, if you exercise this right to cancel your motor insurance, any Driver’s Legal Protection you hold will also be cancelled.

Similarly, if you exercise this right to cancel your home or property owners insurance, any Household Legal Protection or Landlords Legal Protection you hold will also be cancelled. In both these cases, you will recover any payment made in respect of these products provided the cancellation right is exercised within the 14 day period mentioned above.

If you do not exercise this right to cancel, any remaining cancellation rights will be as set out in the policy document. If your insurance is a travel insurance lasting less than one month, you do not have a right to cancel it except in accordance with any terms shown in the policy document.

If we have given you a discount off your premium at inception this will be deducted on a pro rata basis from any refund due to you on cancellation of your policy at any time. In addition any cash back received will be deducted from any refund due.

Where a cancellation or other transaction results in a premium refund being due to you, that refund will be reduced by any service charge and any other sums you owe in respect of the policy

What will you pay us for our services?

The service charges we make may change from time to time. The tables below show the charges applicable at the time of printing. The outlet where you bought your policy will have available up-to-date details of the scale of charges at all times. It is not economic or practical to issue refund cheques of very small amounts. Accordingly, where a transaction would result in a refund to you from us of less than £1, this nominal amount will be retained by us as an additional service charge.

Type of transaction	Service charge	Notes
Quotation (all policy types)	No charge
New policy inception (with the exception of policies incepted on our website - see below)	£10
New policy incepted via our website (if quoted on our website and then incepted via phone or the branch the service charge will be £10).	Free
Policy renewal	£20
Change of address for Home, Building and/or Contents policies.	£20	Where a transaction results in a premium refund being due to you, that refund will be reduced by any service charge and any other sums you owe in respect of the policy
Changes to existing policies Change of address (excluding Home, Building and Contents policies) Foreign use extensions on motor policies	No charge
- Any other changes to existing policies (for taxation purposes or otherwise)	£25	Where a transaction results in a premium refund being due to you, that refund will be reduced by any service charge and any other sums owing in respect of the policy
Cancellations	£50	Not charged on the cancellation of the following policies: any travel policy, Driver’s Legal Protection, Household Legal Protection, Landlords Legal Protection, Home Emergency, Breakdown, Accidental Death Benefit, ,Personal Accident
Duplicate documents and cover notes	£20	If a duplicate certificate is requested at the same time as a request for a cover note then only one £20 charge will be made
Direct Debit defaults	£24
Returned cheques	£20
Failure to return signed Credit Agreement within 14 days	£12.00	We will apply this fee to your account and collect it by increasing your monthly payments in the first year of this agreement by an equal proportion of the fee.
Payment by credit card	2% of the total amount payable	This charge is in addition to the charges stated above. Not charged if you opt to pay the deposit on our direct debit plan by credit card.

Instalment charges (where payment is not by Direct Debit)	Charge
Payment by 2 instalments	10% of the premium. Minimum £15.00
Payment by 3 instalments	12% of the premium. Minimum £20.00
Payment by 4 instalments	14% of the premium. Minimum £25.00

For payment by instalments, a minimum deposit of 40% is required. Applies to annual policies only, minimum premiums apply. Not available for policies incepted via our website.

Who regulates us?

Swinton Group Limited is authorised and regulated by the Financial Services Authority (FSA). Our Firm Reference Number is 309599. Our permitted business is arranging, advising on and helping in the administration of general insurance contracts. You can check this on the FSA’s Register by visiting the FSA’s website http://www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.

Are we covered by the Financial Services Compensation Scheme?

We are covered by the Financial Services Compensation Scheme (FSCS) and therefore you may be entitled to compensation from the FSCS if we should be unable to meet our obligations. This depends on the type of business and the circumstances of the claim.

For most types of insurance, advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim, without upper limit.

FFurther information about compensation scheme arrangements is available from the FSCS.

What to do if you have a complaint

Step 1	Please contact us on the telephone number shown on the covering letter.. We expect the majority of complaints will be quickly and satisfactorily resolved at this stage, but if you are not satisfied you can take the issue further.
Step 2	Please contact our Customer Assistance Team: In writing to Diva c/o Swinton, Swinton House, 6 Great Marlborough Street, Manchester M1 5SW. By telephone – call 0845 168 3676 or fax 0161 236 7102. Online – please see our website and use our feedback facility located under ‘Contact Us’
Step 3	If your complaint is one of the few that cannot be resolved by this stage, please write directly to our Chief Executive at the above address.
Step 4	If you remain dissatisfied with our response to your complaint, you may be able to refer the matter to the Financial Ombudsman Service (FOS). The FOS will independently investigate your complaint without charge to you. You will not be able to refer any complaint to the FOS unless you are a) a private individual, b) a business which has a group annual turnover of less than £1m at the time of the complaint, c) a charity which has a turnover of less than £1m at the time of the complaint or d) a trustee of a trust which has a net asset value of less than £1m at the time of the complaint.

Following the above complaints procedure will not affect your legal rights. Please provide your policy details on all correspondence. If you have a complaint against your insurer, please refer to the policy booklet for details of your insurer's complaint procedure.

Treating you fairly

We aim to treat you fairly. We consider carefully the products we offer and we select or design them with our customers in mind. We work hard to make sure you’re not misled and that the information we provide is clear and understandable. Our complaints process is fair and accessible and we aim to put things right if we’ve made a mistake. We want you to be confident and comfortable in your dealings with us.

Further important information

What you must tell us

When you take out, renew or alter any policy, the information you supply to us is the basis on which your cover and premium are agreed. If that information is incorrect or anything changes, please let us know immediately as it could invalidate your policy or result in a claim not being paid. Any changes in information supplied will be accepted from you either verbally or in writing. Remember, you should always tell us about any change immediately – please don’t wait until your renewal.

How you can deal with us

If you arrange your insurance through our network of branches or call centres or over the phone with us or via our website, you can deal with us in relation to that insurance either face to face, over the phone or by post.

The language we do business in is English. We have a leaflet that sets out our services to customers with disabilities, which is available on request.

At Renewal

Shortly before renewal, we will try to speak to you by phone about your renewal requirements. If we do not manage to contact you or you do not proceed at that time, then we will send you a letter setting out our renewal quote. We will ask you at that time to contact us.

If you are paying for your policy by Direct Debit, and you are happy with your quote to renew with your current insurer, there will be nothing further for you to arrange. Your Direct Debit payments will continue automatically and your new payments will be debited on your usual collection date.

Also, if you are paying by Direct Debit, Swinton may (but accepts no responsibility to) renew your policy automatically if, prior to your renewal date, contact between us has not been successful or you have failed to confirm whether or not you wish to proceed. We would do this for your protection.

If you do not wish us to take this action, please tell us at any time up to 7 days before your renewal date. If we do not hear from you to the contrary, we will treat it that you agree to this.

If you have a claim

We will make available to you free of charge the Swinton One Call Claims Service 24hrs a day, 365 days a year, for motor insurance claims. Through this service we will always be available to give you expert help and advice when you have a claim. Simply call 0800 040 7019 (24 hours a day, 365 days a year) if you’re involved in an accident, if you suffer fire, windscreen or other damage to your vehicle or the theft of your vehicle.

If you need to make a claim on any other insurance, please call your branch. They will take your details and guide you through the claims process.

Applicable law

English law applies to your relationship with us. Similarly, unless you and your insurer agree otherwise, English law applies to your relationship with your insurer and your insurance contract.

Payments by Direct Debit

Most annual policies can be paid for by direct debit via our own Credit Agreement. For full details of the terms and conditions, interest and other charges, please ask. When we have sent or given you the Credit Agreement and you fail to return it, duly signed, within 14 days then you must pay us an administration fee of £12 to cover the costs and expenses we may incur as a result. We will apply this fee to your account and collect it by increasing your monthly payments in the first year of the agreement by an equal proportion of the fee. This agreement will set out your direct debit payments. Availability is subject to status. A deposit is required. Quotations given on request.

6 to 8 weeks before your renewal date, a further payment of the same amount is taken as a returnable deposit against next year’s renewal. This money will be held by us on your behalf and used against your renewal premium. This payment will often be processed before you have confirmed that you wish to renew. Please do not treat our taking of this payment as renewal of your policy; it is simply a pre-renewal advance payment. If your policy is not renewed, this payment will be refunded to you.

As we operate our own credit agreement, policies we arrange cannot be paid for via an Insurer’s Direct Debit scheme.

Other payment methods

Should you choose not to pay in full or by direct debit, we have a range of flexible payment options.. For full details of the terms and conditions and interest charges, please ask. Availability is subject to status. A deposit may be required. Quotations given on request. Not available for policies incepted via our website.

Important: Our right to cancel your insurance

If you choose to pay by Direct Debit or any other payment offer, you will be provided with a Consumer Credit Agreement or Instalment Agreement to sign. You are reminded that it is a term of both agreements that you authorise us, as your agent, to instruct the insurers to cancel your insurance if any Direct Debit or instalment payment, or any other amount due under those agreements, is in arrears and not paid on time.

Data Protection

We will share the information we have on record about you where the disclosure is required by law. As part of the process of providing you with a quote, arranging your insurance and putting your cover in place, this information and your personal data will be shared with insurers.

We may also use this information to tell you by phone, letter or e-mail about insurance related or other goods and services which we think you may be interested in. These are likely to include financial services such as the provision of credit, loan and mortgage facilities, life assurance, savings and investment products, and ‘life-style’ products, services and associated products, as well as products and services related to the insurance, protection, maintenance and repair of your personal goods and property. These may be products and services supplied by us or other selected third parties. Please let us know if you do not want us to do this.

We may also pass this information to other carefully selected third parties who may use it to tell you by phone, letter or e-mail about other goods and services which they think you may be interested in. Please let us know if you do not want us to do this.

Most of the insurers we deal with have a sharing of information agreement to prevent fraud. Whenever you arrange your insurance through us, your cover and premium will be agreed with your insurer on the basis that you agree to their passing on claims information to the Claims and Underwriting Exchange Register and other databases. Under the conditions of your policy, you must tell us about any incident (such as an accident or theft) which may or may not give rise to a claim. When you tell us about an incident, your insurers will pass information relating to it to the registers. If you give false or inaccurate information or they suspect fraud, they will record this. All telephone calls relating to applications and claims may be recorded and the recordings used for fraud prevention, training and quality control. To help prevent fraudulent claims, your insurer exchanges information with other insurers through various databases. Also to help detect people who break the law by not having insurance, your insurer will supply details of your motor insurance to the Motor Insurance Database (MID), run by the Motor Insurers’ Information Centre, which can be accessed by the police or other insurers. Anyone pursuing a claim in respect of a road traffic accident (including citizens of other countries) may also obtain the relevant information which is held on MID.

Some insurers and other organisations may also use and search these databases to help make decisions about the provision and administration of insurance for you and your household. Also, to trace debtors, recover debt, prevent fraud, manage your accounts and insurance policies, check your identity to prevent money laundering, unless you furnish your insurers with other satisfactory proof of identity and under take additional fraud searches

You should show this notice to anyone insured to drive the vehicle covered under the policy.

If you would like a copy of your policy record, please request this in writing enclosing a cheque for £10 payable to Swinton, and send to Customer Assistance Team, Swinton House, 6 Great Marlborough Street, Manchester M1 5SW.

Introducer Arrangements

A third party may have introduced you to us and for this the introducer may be paid a fee by Swinton. Similarly, we may, with your consent, introduce you to other third parties, for which the third party may pay a fee to us.

If, as a result of an accident that was not your fault, you require legal representation, Swinton will arrange for their recommended solicitors to act for you. The solicitors recommended by Swinton have been chosen as experts in this particular field. A fee is paid by the solicitors to Swinton for being members of our legal services panel. We comply with the Solicitors’ Introduction and Referral Code published by the Solicitors Regulation Authority, and any solicitors to whom we may refer you are independent professionals from whom you will receive impartial and confidential advice.

We are part of a group

We are connected for the purposes of the Insurance Companies Regulations 1994 to MMA Insurance plc and Gateway Insurance Company Limited, as both have the same parent company. We do, however act totally independently in the day-to-day running of our business and in deciding which insurers to place business with.

Wherever we recommend a policy underwritten by MMA plc or Gateway Insurance Company Limited we will advise you of this connection before you are committed to buying.

Diva is a division of Swinton Group Limited, registered in England number 756681, which is connected for the purposes of the Insurance Companies Regulations 1994 to MMA Insurance plc and Gateway Insurance Company Limited. Registered office; Swinton House, 6 Great Marlborough Street, Manchester M1 5SW. Authorised and regulated by the Financial Services Authority.