1. About Us
Bithell Davies Funding Solutions Limited is authorised and regulated by the Financial Conduct Authority (FCA) under Firm Reference number 1032073. You can verify this on the Financial Services Register by visiting
www.fca.org.uk/register/. ICO Registration Number ZB797752. We are a credit broker, not a lender. We work with a carefully selected panel of funders; a full list is available upon request. Our services for limited companies, limited liability partnerships, and unlimited liability partnerships with four or more partners are outside the scope of the Financial Conduct Authority's authorisation and regulation.
2. How We Work with You
We aim to find a competitive and suitable finance solution based on our understanding of your situation and needs, sourced from the panel of asset finance lenders we work with. Other options may be available in the market.
We want to help you make an informed decision about your financial options. We may visit you at your business premises and discuss your funding needs and your firm’s financial situation. We aim to develop a strong understanding of your business so that we can match available financial products to your exact needs. Alternatively, we can arrange an online meeting or call to review the same details.
We will provide you with details of one or more possible solutions. We will help you to understand different asset finance options and how they compare to other finance products. We will not provide specific advice or recommendations on whether to proceed. However, if you are unsure about any financial product or option, please don't hesitate to ask us for assistance. We are always happy to speak with anyone who supports you and your business.
We cannot provide specific advice on the accounting and tax implications of different products for your business. If you require additional assistance, we recommend consulting your accountant or visiting the British Business Bank’s Finance Hub
www.british-business-bank.co.uk/business-guidance/
If you decide that a finance product is right for your needs and wish to proceed, we will introduce you to the relevant lender and assist you with your application.
3. How We Are Paid
We do not charge our clients a fee for our services directly. Whichever lender we introduce you to, we will receive a commission from them. Not all lenders on our panel operate the same commission models. Lenders pay different amounts depending on commission models and interest rates. For transparency, we work with the following commission models: fixed fee, fixed commission rate, and a percentage of the amount you borrow. Under some commission models, the more you pay the lender, the more we may receive by commission.
You will be informed of the commission amount before signing the finance agreement.
For some lenders and products, excluding motor finance, our commission is added to the interest rate set by the lender, usually ranging from 0% to 4% of the amount borrowed. For other lenders and products, including motor finance, the lender sets a rate that already includes our commission, and the commission rate is a fixed amount over which we have no discretion. For example, one lender pays a fixed commission of 2.8% on the advance. We may also receive a fixed payment, which is a share of the setup fee charged, for handling documentation on behalf of the lender. The commission amount will be explicitly disclosed by way of a Commission Disclosure Document, which you will be asked to sign.
These arrangements influence the total amount payable under the agreement and help ensure that the commission we earn fairly reflects the work we will undertake to meet your requirements. We will be happy to discuss this further with you.
4. Complaints Procedure
Please see our Complaints Policy at
https://www.bithelldavies.com .
In the unlikely event that you have a complaint about our service, please get in touch with us:
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In writing: Bithell Davies Funding Solutions, 68 St. Michael Street, Dumfries DG1 2QF
- By telephone: Jack Bithell – 01387 259 678/ 07731849438
- Email: Jack Bithell – jack@bithelldavies.com
We will acknowledge your complaint within five working days. We aim to resolve complaints within 2 weeks and provide a final response to all complaints within 4 weeks. If you are not satisfied with our response to your complaint, you may refer the matter to the Financial Ombudsman Service (FOS). This applies to consumers and most small businesses. Details of which companies can use the service are available at
https://sme.financial-ombudsman.org.uk/complain/can-help . You must contact FOS within six months of receiving our final response letter. They can be contacted in the following ways:
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Post: Financial Ombudsman
Service, Exchange Tower, London, E14 9SR
- Telephone: 0300 123 9 123
- E-mail: complaint.info@financial-ombudsman.org.uk
- Website: financial-ombudsman.org.uk
5. Personal Data
For details of how we use any personal data we collect, please see our Privacy Notice at
https://www.bithelldavies.com
When you request Bithell Davies Funding Solutions Limited to source finance, the Funders with whom we deal are likely to check the following records about you and your business partners:
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Personal and business records at Credit Reference Agencies (CRA). When the CRA receives a search from a Funder, it may place a footprint on your credit file that other lenders may see. The CRAs may supply both public (including the electoral register) and shared credit and fraud-prevention information.
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If you are a director, the funder may seek confirmation from CRAs that the residential address that you provide is the same as that shown on the restricted register of directors’ usual addresses at Companies House. The funder may search all directors, both as individuals and in their capacit as directors/guarantors.
Are you a Regulated or Unregulated Customer When it Comes to a Finance Agreement?
Determining whether a finance agreement is regulated or unregulated is essential for businesses, as it directly impacts your legal protections, responsibilities, and financial risk.
What does regulation mean?
Regulated agreements fall under the Consumer Credit Act (CCA) and provide significant legal protections: You receive: Mandatory pre-contract credit information and explanations, cooling-off rights, clear rules on interest, charges, and repossession, protection from unfair contract terms, and the ability to make overpayments without early-settlement penalties. Regulatory oversight by the Financial Conduct Authority (FCA)
In short, regulated agreements protect customers and require lenders to meet strict standards.
A finance agreement is unregulated if:
(Here, 'business use' means the goods are being purchased for use in running or operating a business, such as buying equipment or vehicles for company operations, rather than for personal or family use.)
- - The customer is a limited company, LLP, or partnership with 4+ partners, or
- - The amount financed exceeds £25,000, and the agreement is for business use.
Unregulated agreements are not covered by the Consumer Credit Act, so you do not receive the same statutory rights or required disclosures:
- No pre-contract credit information (PCCI) and pre-contractual explanations (PCE)
- No guaranteed cooling-off period, unless the finance contract voluntarily includes one
- No voluntary termination rights. Since unregulated agreements fall outside the CCA, you cannot rely on the 50% rule (“halves rule”) or return the asset early.
- No statutory repossession protections
- There is no legal requirement for interest rate disclosure, unless the lender chooses to provide it.
Unregulated agreements are not subject to FCA disclosure rules, so interest charges and rates may not be fully disclosed. Terms are primarily governed by contract law, so protections depend on the written agreement, with fewer restrictions and less regulatory oversight.
Bottom line:
Unregulated agreements provide fewer statutory rights, give lenders greater flexibility, and place a greater responsibility on the business to review the contract.
Key risks of unregulated agreements include possible hidden fees, unclear interest rates, limited repossession protections, and strict penalties for late payment or default. To reduce these risks:
- Ask your lender for a full breakdown of all fees, charges, and interest rates in writing before signing.
- Carefully review repossession and default terms to understand your exposure.
- Make sure you understand when and how penalties apply.
- Seek clarification on any points that are unclear or seem ambiguous.
- Consider having an independent legal or financial advisor review the agreement if possible.
Taking these steps helps protect your business interests in unregulated finance agreements.
If you are entering an unregulated agreement, review all contract terms carefully, especially those related to fees, charges, and default procedures. Ask questions about unclear clauses, avoid signing hastily, and consider independent legal advice to ensure you understand your rights and obligations. Professional advice is especially important for large sums, complex terms, unfamiliar structures, or uncertainty about any aspect of the agreement. In cases involving significant financial commitments, unusual language, multiple parties, or non-standard arrangements, guidance from a legal or financial advisor can help protect your business and prevent costly mistakes.