Page 1 DEPUTY BOND SERVICES – BOND OF CAUTION INFORMATION Deputy Bond Services (‘DBS’) are a specialist provider of Bonds of Caution (‘Bond’) for Interveners/Guardians appointed by Sheriff Courts (‘Court’) in Scotland. Please read all the information contained in this document and the Terms of the Bond highlighted on the Bond form carefully before signing. Once processed this Bond can only be cancelled by the Office of the Public Guardian (Scotland) (‘OPG’). • If the amount of Caution required is in excess of £1,000,000, we may require additional information. Please contact us to establish whether a Proposal Form is required. THE BOND OF CAUTION PROCESS SECTION 1: BOND OF CAUTION DETAILS. Please ensure all of the information required has been fully completed. We require the name of the Adult, the OPG Reference Number, the Amount of Caution and the Premium Amount. To find the premium amount, you can go online and use the premium calculator, or alternatively give us a call on 01202 449690. SECTION 2: INTERVENER/GUARDIAN DETAILS. Each person applying to become an Intervener/Guardian will need to complete their full name, date of birth, contact details, confirm if they are acting in a professional capacity and sign and date accordingly. Please note that all fields must be completed. Our main contact for correspondence will be Intervener/Guardian 1 unless otherwise instructed. SECTION 3: Payment. • Option 1: Cheque made payable to ‘Deputy Bond Services’. • Option 2: Debit or Credit Card Payment over the telephone. Please send the completed Bonds of Caution form to DBS first and we will call you to take the payment once we have entered the Bond on our system. COMPLETION OF THE BOND FORM. Please ensure all details have been fully completed and the Bond form has been signed. Please return the completed Bond form together with your payment to: - DBS, 100 Holdenhurst Road, Bournemouth BH8 8AQ. The Initial Disclosure and Key Facts Documents should be kept for your own reference. If you have any questions or wish to discuss any aspect in more detail please do not hesitate to contact us using the information below. CREDIT CHECK. Please note that we are required to complete a Credit Check on all Interveners/Guardians who are not acting in a professional capacity. A ‘Professional Intervener/Guardian’ would be formally paid for their services and hold Professional Indemnity insurance. We are required to share adverse results with the OPG. By signing the Bond of Caution you are agreeing to the above. Once the Bond has been processed we will send you confirmation documentation. We will also notify the OPG that the Bond has been completed. ' 8 * i DEPUTY BOND SERVICES - CONTACT DETAILS 01202 449690 [email protected] 100 Holdenhurst Road, Bournemouth, Dorset BH8 8AQ www.bondsofcaution.com Deputy Bond Services is a trading name of Property & Commercial Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: The Walbrook Building, 25 Walbrook, London EC4N 8AW. Registered in England and Wales. Company Number: 8206861 Page 2 BONDS OF CAUTION ARRANGED BY DEPUTY BOND SERVICES initial disclosure document PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU HAVE ANY QUESTIONS REGARDING THIS DOCUMENT PLEASE CONTACT US ABOUT DEPUTY BOND SERVICES Deputy Bond Services (DBS) is a trading name of Property & Commercial Limited, which is authorised and regulated by the Financial Conduct Authority (FCA). Registered address: The Walbrook Building, 25 Walbrook, London EC4N 8AW. FCA Register number is 591070. HOW DEPUTY BOND SERVICES HANDLE YOUR MONEY We may hold money on your behalf, either paid by you to be passed on to the Surety Company or paid to us by the Surety Company to be passed on to you. For your protection, money received from you, or to be paid to you will be held by us in accordance with the Financial Conduct Authority rules. You can check this on the FCA’s Register by visiting the FCA’s website www.fca.org.uk or by contacting the FCA on 0800 111 6768. In this instance, we will hold money as agent of the Surety Company under a ‘risk transfer’ process. Under risk transfer, we have an agreement with the Surety Company to hold money as their agent. Money we receive, either from you or from the Surety Company will therefore be the property of the Surety Company whilst we hold it. Therefore, if you pay money to us, it is treated as having been received by the Surety Company and if we do not pay it over to the Surety Company your bond will not be affected. Similarly, if the insurer pays claims money or a return premium to us for onward transmission to you and we do not pay you, then the insurer will still be liable to you. Where we do not use ‘risk transfer’, we will notify you separately. THE FINANCIAL CONDUCT AUTHORITY The FCA is the independent statutory watchdog that regulates financial services. Use this information to decide if our services are right for you. IF YOU ARE NOT HAPPY WITH OUR SERVICES We hope that you will be very happy with the service we provide. However, if you have any need to complain about the arrangement or administration of your Bond of Caution, please contact: • Client Relationship Manager Deputy Bond Services 100 Holdenhurst Road Bournemouth, Dorset BH8 8AQ. • Telephone Number: 01202 449691 We will acknowledge your complaint within 5 working days and detail our complaints procedure to you. If we are unable to settle your complaint you may be entitled to refer it to the Financial Ombudsman Service, details can be found at www.financial-ombudsman.org.uk The Financial Ombudsman Service can be contacted at: • South Quay Plaza 183 Marsh Wall London E14 9SR • Telephone Number: 0800 023 4567 THE FINANCIAL SERVICES COMPENSATION SCHEME We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we or the Surety Company are unable to meet our respective obligations. Further information about compensation scheme arrangements can be found on the FSCS website www.FSCS.org.uk The FSCS can be contacted at: • 10th Floor, Beaufort House 15 St Botolph Street London EC3A 7QU • Telephone Number: 0800 678 1100 OUR REMUNERATION We are paid for administering the Bond of Caution by commission from the Surety Company that forms part of the premium. We will deduct any commission entitlements before paying premiums to the Surety Company, and therefore you will not pay a further, separate, fee for our services. DATA PROTECTION ACT – PERSONAL DATA Your personal data, will be held and processed by DBS, for the purpose of the administration of Bonds of Caution and any claims. It will be handled in accordance with our obligations under the Data Protection Act 1998. We may pass your information to the Court, Office of the Public Guardian (Scotland), Surety Company, Loss Adjusters, Reinsurers, Government Agencies and any other third parties, in each case as required by law or as reasonably required for the purposes of placing bonds of caution. Under data protection legislation private individuals can ask in writing to DBS for a copy of certain personal records held about them. A charge of up to £10 may be made for this service. Please promptly notify us of changes to your personal data - it is your responsibility to ensure that the personal data that we hold about you is accurate and up to date. THE SURETY COMPANY DBS will place the cover with Evolution Insurance Company Limited only, unless we inform you. We are unable to offer any advice or recommendation on your choice of provider. We have a delegated authority agreement with Evolution which allows us to bind the Bonds of Caution on their behalf and issue documentation. In placing Bonds of Caution for Interveners/Guardians we act as the Interveners/Guardians’ agent. Should you instruct us to bind this Bonds of Caution with Evolution, we would be placing your Bonds of Caution through the binding authority granted to us by them. Deputy Bond Services is a trading name of Property & Commercial Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: The Walbrook Building, 25 Walbrook, London EC4N 8AW. Registered in England and Wales. Company Number: 8206861 Page 3 BOND of caution ARRANGED BY DEPUTY BOND SERVICES KEY FACTS DOCUMENT THIS IS A SUMMARY ONLY AND DOES NOT CONTAIN THE FULL TERMS AND CONDITIONS OF THE COVER. THESE CAN BE FOUND IN THE SURETY BOND FORM THAT YOU SIGN AND SUBMIT TO US AND IN THE CONFIRMATION DOCUMENTATION WE SEND TO YOU. NAME OF THE SURETY COMPANY Evolution Insurance Company Ltd (Company Number 88737) whose registered office is at Level 2, Ocean Village Business Centre, 23 Ocean Village Promenade, Gibraltar, issuing Bonds of Caution in the United Kingdom under Financial Conduct Authority number 227649 and whose address for service of Bonds of Caution in the United Kingdom is at Evolution Insurance Solutions Limited, 53a High Street, Saffron Walden, Essex CB10 1AA CANCELLATION RIGHTS You do NOT have the right to cancel this Bond. It can only be cancelled on the instructions of the Court/OPG. BONDS OF CAUTION (The Bond) This is a guarantee by Evolution to pay as notified by the Office of the Public Guardian (Scotland) any financial losses suffered by the Adult, up to the amount of Caution specified in the Bond, arising from the failure of a Financial Intervener/Guardian to perform their duties. Please contact Deputy Bond Services who arranged the Bond at: • Client Relationship Manager Deputy Bond Services 100 Holdenhurst Road Bournemouth, Dorset BH8 8AQ • Telephone Number: 01202 449691 SIGNIFICANT FEATURES The amount of Caution is set by the Sheriff Court, and only the Court has the right to increase or decrease the amount of Caution. The Bond will be automatically amended if a Court Interlocutor is issued changing the amount of Caution. You will receive notification of any change by letter. Please note that you will not be required to sign a new form to agree to this amendment. You will be advised of any change to the premium due at the next due date as a result of this change. SIGNIFICANT AND UNUSUAL TERMS You (and your legal Personal Representatives and estates) are jointly and severally liable to recompense Evolution for their loss and costs should the Office of the Public Guardian (Scotland) (OPG) or the Court forfeit this Bond. Evolution will take such action as appropriate against you personally to recover their loss. If there is more than one Intervener/Guardian appointed you are each liable for the actions of all the other Intervener/Guardians. PREMIUM PAYMENT You must pay from the estate of the Adult, the initial and all future premiums by the due date in respect of the Bond. If you fail to do so Evolution may apply to the OPG to be relieved of further liability. COMPLAINTS We hope that you will be very happy with the service provided. However, if for any reason you are unhappy with the service we would like to hear from you. The details of their complaints process is included in the Initial Disclosure Document document they have provided to you. FINANCIAL OMBUDSMAN SERVICE If you are not satisfied that your complaint has been resolved you may be entitled to refer it to this independent body for review. The contact details are: • Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR • Telephone Number: 0800 023 4567 Following the complaints procedure does not affect your right to take legal action. FINANCIAL SERVICES COMPENSATION SCHEME The business of Evolution is covered by the Financial Services Compensation Scheme. A claimant under the Bond may be entitled to compensation from the scheme if we cannot meet our obligations, depending on the type of business and circumstances of the claim. Further information about compensation scheme arrangements can be found on the FSCS website www.FSCS.org.uk. You are not entitled to any refund in the event of early termination of the Bond, or reduction in the amount of Caution. HOW A CLAIM IS MADE The Court/OPG are the only bodies that can initiate a claim on this Bond. The original signed Bond, held by DBS, will be forwarded to Evolution with the Court/OPG’s direction for payment. DURATION OF THE BOND The Bond remains in force until the requirement for you to provide Caution is discharged by the Court. Evolution Insurance Company Ltd (Company Number 88737) whose registered office is Level 2, Ocean Village Business Centre, 23 Ocean Village Promenade, Gibraltar issuing Bonds of Caution in the United Kingdom under Financial Conduct Authority number227649 and whose address for the service of Bonds of Caution is at Evolution Insurance Solutions Limited, 53a High Street, Saffron Walden, Essex CB10 1AA Page 4 OFFICE OF THE PUBLIC GUARDIAN (SCOTLAND) – BOND OF CAUTION Section 1: Bond of caution Details First Name(s) Adult Details Surname Office of the Public Guardian Reference Amount of Caution Annual Premium The Interveners/Guardians named on Page 5 of this Bond are required by the Office of the Public Guardian (OPG) under the Adults with Incapacity (Scotland) Act 2000 to give Caution for their appointment as Interveners/Guardians for the above named Adult. The Interveners/Guardians by signing this Bond of Caution (the Bond) have requested Evolution Insurance Company Limited (FCA Firm Reference number: 227649) or its successors (the Surety Company) to provide this Caution and agree to be bound by the terms detailed below. The Surety Company by signing this form agrees to this, subject to the terms below. TERMS OF THE BOND 1. The Surety Company guarantees payment of the loss on first written demand, by one or more payments not exceeding in total the Amount of Caution, to persons nominated by the Court or the OPG should I/We fail to carry out My/Our Intervener/ Guardianship duties 2. I/We accept the Amount of Caution ordered may be amended by Interlocutor at the direction of the Court or the OPG and the Amount of Caution provided by this Bond shall automatically match the amount so ordered. I/We will be responsible for payment of any future amended premium from the assets of the Adult. 3. I/We shall pay from the assets of the Adult the first and any further premiums due to the Surety Company and accept that in the event of non-payment the Surety Company may apply for discharge of Caution. 4. I/We and My/Our personal representatives and estates shall remain jointly and severally liable should the Bond be made forfeit and accept the Surety Company may take action to recover the amount of the loss suffered by the Adult. 5. The Interveners/Guardians and the Surety Company shall remain liable under this Bond until an Interlocutor is made by the Court or instructions are received from the OPG discharging Caution. 6. I/We will carry out My/Our Guardianship duties given as personal undertakings in the application to be appointed as Intervener/Guardian. FOR DEPUTY BOND SERVICES OFFICE USE ONLY – DO NOT WRITE BELOW THIS LINE Bond Received Credit Check Payment Received OPG Ref Check Rate Agent Client Bond Number DBS Notes Signed for and on behalf of the Surety Company Authorised Signatory Dated Deputy Bond Services is a trading name of Property & Commercial Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: The Walbrook Building, 25 Walbrook, London EC4N 8AW. Registered in England and Wales. Company Number: 8206861 Evolution Insurance Company Ltd (Company Number 88737) whose registered office is Level 2, Ocean Village Business Centre, 23 Ocean Village Promenade, Gibraltar issuing Bonds of Caution in the United Kingdom under Financial Conduct Authority number227649 and whose address for the service of Bonds of Caution is at Evolution Insurance Solutions Limited, 53a High Street, Saffron Walden, Essex CB10 1AA Page 5 SECTION 2: INTERVENER/GUARDIAN DETAILS. TO BE FULLY COMPLETED BY THE INTERVENERS/GUARDIANS IN SIGNING THIS FORM YOU CONFIRM YOU HAVE READ AND UNDERSTOOD THE TERMS OF THE BOND STATED ON PAGE 4 AND AGREE TO BE BOUND BY THESE. YOU ARE ALSO AGREEING TO A CREDIT CHECK IF YOU ARE ACTING IN A NON PROFESSIONAL CAPACITY. Intervener/Guardian 1 Information - Main Contact: All fields must be completed First Name(s) inc. Title Full postal address including your postcode Date of Birth Email address Surname D D M M Y Y Y Y Telephone No. Will you be acting in a professional capacity and formally paid for your services and covered under the Professional Indemnity cover for your firm? Intervener/Guardian Signature Dated Yes No Yes No Yes No Intervener/Guardian 2 Information: (if applicable) All fields must be completed First Name(s) inc. Title Full postal address including your postcode Date of Birth Email address Surname D D M M Y Y Y Y Telephone No. Will you be acting in a professional capacity and formally paid for your services and covered under the Professional Indemnity cover for your firm? Intervener/Guardian Signature Dated Intervener/Guardian 3 Information: (if applicable) All fields must be completed First Name(s) inc. Title Full postal address including your postcode Date of Birth Email address Surname D D M M Y Y Y Y Telephone No. Will you be acting in a professional capacity and formally paid for your services and covered under the Professional Indemnity cover for your firm? Intervener/Guardian Signature Dated IF THERE ARE MORE THAN 3 INTERVENERS/GUARDIANS THAT ARE BEING APPOINTED PLEASE CONTACT DBS FOR THE APPROPRIATE FORM Section 3: PAYMENT OF THE BOND PREMIUM OPTION 1: OPTION 2: Cheque made payable to “Deputy Bond Services” If you wish to make a payment by debit or credit card please tick here. Please ensure you have provided a daytime contact telephone number and we will call you to obtain payment once we have received the completed Bond. Please send the completed form and payment to: - Deputy Bond Services, 100 Holdenhurst Road, Bournemouth BH8 8AQ Evolution Insurance Company Ltd (Company Number 88737) whose registered office is Level 2, Ocean Village Business Centre, 23 Ocean Village Promenade, Gibraltar issuing Bonds of Caution in the United Kingdom under Financial Conduct Authority number227649 and whose address for the service of Bonds of Caution is at Evolution Insurance EBSC V1 0614 Solutions Limited, 53a High Street, Saffron Walden, Essex CB10 1AA
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