Terms of Use

1. Introduction and Scope

These Terms of Business (the “Terms”), including our Complaints Handling Policy, inform you about our company, the services we provide, how we conduct business (including potential charges and commissions), and general usage of our website, including copyright protections.

2. About the Company

• Trading Name: TMS Finance

• Registered Company Name: TMS Finance Limited (hereafter referred to as “the Company”)

• Registered Address: Vantage House Euxton Lane, Euxton, Chorley, Lancashire, England, PR7 6TB 

• Main Office Address for Postal Communication: 28 Granby Road, Stockport, SK2 6ET 

• Email Address for Communication: info@uktms.com

• Telephone Contact: 0345 257 0161

Financial Conduct Authority (FCA)

TMS Finance Limited is Authorised and Regulated by the FCA under Firm Reference Number _______.
The Company operates as an Appointed Representative of its Principal Firm, White Rose Finance Group Ltd, which has a Firm Reference Number of 630772.
For more information, please visit the Financial Conduct Authority register.

Data Protection Registration

The Company is registered with the Information Commissioner’s Office (ICO) for Data Protection purposes under Register Number ______. For further details, visit https://ico.org.uk.

3. How We Conduct Business

TMS Finance acts as a Credit Broker, not a Lender, and does not lend its own money. We provide commercial and personal brokerage services (“the Services”) to clients (“the Client”). As we are not tied to any single lender, we offer a whole-of-market approach, sourcing financial products from a broad range of lending organisations with which we maintain professional broker agreements.

Our policy is to deliver an unbiased, impartial service, recommending the most appropriate and cost-effective finance products that align with the Client’s stated needs, financial situation, and borrowing requirements.

4. Our Duty of Care and Treating Customers Fairly

TMS Finance operates under the regulations of the Financial Conduct Authority (FCA). In every client engagement, we prioritize recommending solutions that are in the Client’s best interest, based on the information provided. During our fact-finding process, we may request details on the Client’s overall financial position (assets, liabilities, credit status, and personal or business profiles). All information is considered confidential and treated in accordance with the Data Protection Act and ICO guidelines.

Debt Serviceability / Vulnerable Clients / Client Risks

1. Debt Serviceability: We ensure that any product we recommend is demonstrably affordable to the Client, both now and in the foreseeable future. If we find the requested borrowing may cause financial hardship, we will advise against it.

2. Vulnerable Clients: We take steps to identify Clients who, for any reason, may lack the capacity to fully understand the terms of the product or service sought. In such cases, we provide additional guidance and support.

3. Risk Advisory: We inform all Clients of the consequences and risks should they fail to keep up with agreed payments on any loan, lease, or mortgage.

Credit Profile Searches

If a recommended Lender requires a formal credit check, TMS Finance will always obtain the Client’s approval beforehand. By completing our Personal Financial Profile, Business Financial Profile, or other fact-finding documents, the Client implicitly agrees to such credit searches being performed as necessary.

5. Services Provided at No Charge and Without Obligation

We provide all Clients with at least one free initial consultation, either by phone or in-person at our offices or the Client’s premises. After this consultation and fact-finding, the Company will advise on potential financial products and actions that could meet the Client’s objectives. This advice is usually delivered via a summary report, which may include:

1. Agreement in Principle (AIP) – detailing in-principle loan/finance offers obtained for the Client’s review, including lending rates and any associated fees.

2. Funding Services Agreement (FSA) – outlining the Services TMS Finance will perform if the Client chooses to proceed, including any fees, the scope of engagement, and the risks involved if payments are missed on a loan, lease, or mortgage.

There is no obligation for the Client to accept any offer we recommend. No charges apply up to this point. Should the Client wish to move forward, they sign and return the FSA, providing a formal instruction for TMS Finance to proceed with arranging the recommended finance.

6. Commissions and Charges

TMS Finance may receive commissions from lenders with whom we have agreements. If such a commission is to be paid, we will fully disclose it in writing—either within the AIP and FSA or in the formal offer from the lender.

We may also charge the Client direct fees for arranging or managing finance applications until successful completion. Any fee structure will be stated clearly to the Client in the FSA or summary report.

• Commitment Fee (If Any): If an advance fee is requested to cover expenses, it will be documented in the FSA.
• Payment of Fees: Generally, our fees are due only upon the successful conclusion of the transaction, the definition of ‘successful conclusion’ means the delivery to the Client of a formal offer of funding from a recommended lender pertaining to any loan, equipment lease, commercial mortgage, cashflow solution or any other financial service which has been requested by the Client and under which matter which the Company has received a formal instruction to proceed.

7. Case Packaging and Locum Services

In providing Services, TMS Finance often relies on the Case Packaging and Locum support services of its FCA Principal, White Rose Finance Group Ltd.

• Case Packaging involves preparing and submitting lender documentation and supporting information needed to secure a formal offer.

• Locum Support ensures continuity of service if TMS Finance staff are unavailable (e.g., due to illness or holidays).