Terms & Conditions
Declarations and Consent
We, as directors of the applicant company, and separately as guarantors, declare, consent, acknowledge, and confirm the following:
1. Accuracy and Completeness of Information
We confirm that all information provided on this form and in all supporting documentation is true, accurate, complete, and not misleading. This includes information provided prior to, with, or subsequent to this application. We understand that Acre Lane Capital and its associated companies, including potential loan investors or assignees, will rely on the truthfulness, accuracy, and completeness of this information when assessing the suitability of a loan.
2. Notification of Changes
We agree to immediately inform Acre Lane Capital of any changes to the information provided on or relevant to this application, whether such changes occur before or after any loan is made.
3. Credit Checks and Investigations
We authorize Acre Lane Capital and its associated companies to carry out any credit checks and investigations they consider appropriate, both before and after any loan is made. This includes obtaining reports from credit reference agencies on the applicant company, as well as on any individuals financially linked to us. We understand that repeated searches of this nature may adversely affect our credit records. We acknowledge that this application may be assessed based on financial linkages with one or more of our financial partners.
4. Use of Brokers or Intermediaries
If we have used a broker or other intermediary, we confirm that this was done by our own free choice. We accept that the broker or intermediary is our agent, and neither Acre Lane Capital nor its associated companies are responsible for their actions or advice. We authorize Acre Lane Capital to pay any fees, commissions, or similar to such brokers or intermediaries if the loan completes.
5. Legal Compliance
We are aware that it is a criminal offense to knowingly provide false, leading, or inaccurate information when applying for a loan. We understand that providing such information could result in prosecution and/or civil action to recover any losses incurred.
6. Data Processing and Sharing
We consent to Acre Lane Capital holding and processing our data for legal, underwriting, business monitoring, administrative, and management purposes. This data may be made available to:
o (a) Service providers, advisors, and consultants engaged by Acre Lane Capital.
o (b) Government or regulatory authorities.
o (c) Loan investors, potential investors, and loan assignees.
o (d) Potential purchasers of Acre Lane Capital or any part of its business, including loans or loan portfolios.
We also expressly consent to the transfer of our data to third parties with whom Acre Lane Capital has a contractual relationship.
7. Data Protection and GDPR Compliance
We agree that Acre Lane Capital and any third parties authorized to process our data may store our information on computers or in records. We consent to such information being used in accordance with Acre Lane Capital’s data protection policy and relevant obligations under the General Data Protection Regulation (EU) 2016/679 (GDPR).
8. Solicitor Authorization
We authorize Acre Lane Capital to send a copy of this form to the company’s solicitor. We irrevocably authorize the solicitor to promptly send their entire file related to this loan transaction to Acre Lane Capital upon request.
9. Purpose and Nature of Loan
We understand that we are applying for a short-term mortgage loan for business purposes only, which will be repaid within the term specified in the loan facility agreement. We accept that the loan will be secured on the property offered as collateral. We declare that the applicant company is capable of meeting all its current financial obligations, including the repayment commitments of the proposed loan.
10. Occupancy of Property
We confirm that neither we nor any ‘connected person,’ as defined by the Companies Act 2006 or the Financial Services and Markets Act 2000, are currently residing or will reside in the property used as security for the loan, now or in the future. We understand that a ‘connected person’ includes spouses, parents, siblings, children, grandparents, grandchildren, or any person with a relationship akin to marriage.
11. Insurance Declaration
We declare that the property offered as security is in good repair and adequately insured.
12. Taxation Advice
We acknowledge that Acre Lane Capital recommends seeking independent taxation advice regarding Buy-to-Let or additional investment properties.
13. Data Privacy
As data controllers, Acre Lane Capital ensures that personal data is collected, processed, and stored securely and confidentially for specific purposes. The data collected includes:
o Name
o Current and previous addresses
o Date of birth
o Financial profile details (income and expenditures)
o Identification documents (e.g., passport, driver’s license)
Acre Lane Capital does not collect sensitive personal data such as religious or political views, sexual orientation, or trade union memberships.
Data is collected for the purposes of underwriting the loan application and ensuring compliance with contractual obligations. Data may be shared with external data processors, such as:
o Credit Reference Agencies (CRAs)
o Fraud Prevention Agencies
o Acre Lane Capital’s parent company
o Regulatory bodies (e.g., FCA)
o Statutory bodies (e.g., NCA, police forces)
Further details on data usage can be found in Acre Lane Capital’s Privacy Policy, available on their website or directly from CRAs.
14. Data Retention and Rights
Data will be retained for the term of the loan plus 7 years. If the loan does not complete, data will beretained for 7 years from the final decision date.
Applicants have the right to:
o Object to or request the erasure of their data.
o Correct any inaccuracies in their data.
o Request a copy or transfer of their data.
o Complain to the Information Commissioner’s Office (ICO) if dissatisfied with how their data is processed.
15. Language of Communication
All communications, agreements, and information will be provided in English.
16. Consent to Transfer
Acre Lane Capital may transfer, assign, or dispose of its rights and obligations related to this loan without further consent or notice to us. Such transfers will not alter the terms and conditions of the loan or our rights and guarantees.
Contact Information
For any inquiries or to exercise your rights under Data Protection laws, please contact Acre Lane Capital’s Data Protection Representative: Georgia Ashley, CMOO, g.ashley@acrelanecapital.com
Search/Register
Acre Lane Capital Limited may make a search and/or register information about you and your directors if you are a company, and the conduct of your account with a licensed credit reference agency. Information thus registered is used only to help make credit decisions, occasionally for fraud prevention or for tracing debtors, and by signing this form you consent to our doing so. Acre Lane Capital Limited reserves the right to decline or withdraw any loan offer without providing a reason.