KAP Motor Group Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website.
This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy.
KAP Motor Group is the trading name of Kent Auto Panels Ltd, a wholly owned subsidiary of Tudor Holdings (UK) Ltd a company registered in England and Wales. The company number of Kent Auto Panels is 00662809 with its registered office at: Shorncliffe Motor Park, Ross Way, Folkestone, Kent CT20 3UJ (“Registered Office”). VAT number is [201655304] (“VAT Number”).
Prohibited Uses
You may use our site only for lawful purposes.
You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards detailed below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site;
- or any equipment or network or software owned or used by any third party.
Interactive Services
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- Finance eligibility checks.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content Standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension And Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.
When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy.
The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
KAP Motor Group Remuneration Policy
1. Introduction
KAP Motor Group is committed to remunerating and incentivizing staff in a way that aligns with our business objectives and promotes fair customer outcomes. This policy provides clear direction and guidance on how we remunerate and incentivize staff, incorporating effective risk management to identify and discourage behaviours that could lead to poor customer outcomes.
2. Remuneration Structure
- Variable Pay and/or Commission:
3. Incentive Schemes
- Accelerators and Stepped Payments:
- Sales Targets and Minimum Triggers:
- Payment Frequency:
4. Key Performance Indicators (KPls)
- Identification and Monitoring:
• Risk Mitigation:
- Regular reporting and analysis of KPis are conducted to mitigate the risk of miss selling products or finance.
5. Quality Assurance Measures
- Complaints Data:
- Mystery Shopping:
- Results are used to refine training and support for staff.
6. Commission Clawbacks
- Non-Compliance and Poor Performance:
7. General Provisions
- Discretion and Amendments:
- Tax Liabilities:
8. Communication
- Scheme Details:
9. Effective Date and Review
- Implementation:
Vulnerable Customers Policy and Procedures
1) Vulnerable Customers
In order to address the needs of vulnerable customers correctly, it is important to be able to identify them. Risk factors can include bereavement, illiteracy, illness or other impairment. In many cases, more than one risk factor is present which increases the consumer's
vulnerability.
Our sales team needs to be alert to the signs that the person they are talking to may not have the capacity, at that moment in time, to make an informed decision about the implications of the agreements that they are being asked to make. This is not a diagnosis of a condition, it is just an extension of staff's existing skill of listening, identifying needs and adjusting their approach accordingly.
The Mental Capacity Act states that a person is unable to make a specific decision if they cannot understand information about the decision to be made, cannot retain that information in their mind, cannot use or weigh that information as part of the decision making process, or cannot communicate their decision.
2) Indicators of Vulnerability
1) Being asked to speak up or speak more slowly
- Can they hear the complete conversation or are they missing important information?
- Do they understand what you are saying?
2) They appear confused.
- Do they know what is being discussed?
- Do they ask unrelated questions?
- Do they keep wandering off the point in the discussion and talking about irrelevancies or things that don't make sense?
- Do they keep repeating themselves?
- Do they say "Yes" in answer to a question when it is clear they haven't listened or understood?
- They take a long time to get to the phone and sound flustered or out of breath, indicating they may have a lack of mobility due to age or illness.
- They take a long time to answer questions They say "My son/daughter/wife/husband deals with these things for me".
- A language barrier exists since they may not fully understand what is being said to them.
- They say that they don't understand information given, a previous phone conversation or recent correspondence.
3) Mental Health Issues
Mental capacity is a person's ability to make a decision. It is reasonable to assume a customer has mental capacity at the time the decision is made. Having limited mental capacity does not necessarily mean that the customer lacks capacity to make a decision. The most common causes of mental capacity are: a mental health condition, dementia, a learning difficulty or development disorder, a neurological disability, a brain injury, alcohol or drug abuse. Some customers who fall into financial difficulties may have mental health issues as a result of being in financial difficulties or it may cause their financial difficulties as their ability to function may be disrupted for either a short period or permanently.
Possible Indications of Mental Capacity Limitations
KAP Motor Group Policy
It is our policy to ensure that we treat customers who have mental capacity limitation with respect and consideration. Therefore, in our dealings with such customers, we will endeavour to adherer to the following practices:
2) Not to inappropriately deny a service or credit
3) Assist the customer to make an informed decision
4) Ensure the lending decision or debt solution is responsible and is based on a reasonable assessment of affordability and in the best interests of the customer
5) Ensure communications are clear and jargon free
6) Make a reasonable assessment of the customer's ability to understand and retain the information
7) Allow the customer sufficient time to make a decision
8) Speak clearly and enunciate
14) Suspend the pursuit of recovery of a debt where it is known or we are aware, that the customer may lack the mental capacity to make decisions about the management of their debt.
In the event that a customer does make a disclosure, staff must
- Acknowledge
- Inform and request to record the information
- Provide a Data Protection Statement
1) Does your mental health affect your financial situation?
2) Does it affect your ability to deal or communicate with us or other third parties?
3) How would you prefer us to contact you -in writing, by phone or email?
4) Does anyone help you manage your finances such as a family member-if yes, do you want us to deal with this person on your behalf? Consent must be noted on the system.
Although there are a wide range of risk factors that lead to vulnerability KAP Motor Group recognises that financial difficulty itself commonly leads to customers becoming vulnerable.
Financial hardship can often be caused by experiencing other vulnerability risk factors as bereavement, income shock due to illness, redundancy and so on.
Financial vulnerability covers a wide spectrum, from severe financial hardship to those who understand the product and how to use it in a responsible and appropriate manner, therefore, our processes and systems aim to distinguish between these customers. For example:
- Ensuring that the customer understand the product, all associated costs and their responsibilities
- Conducting brief assessment of affordability
- Ensuring that the customer has sufficient time to consider their options and review any documentation
- Highlighting the importance of, and proactively encouraging customers, to disclose any financial difficulties or any issues that they are experiencing
- Discussing whether the customer envisages any future difficulties through recent or planed future events (Coronavirus related restrictions, redundancy, retirement etc.)
Lending Decision and Communication with a Lender
Where it is highlighted that a customer is classed as a vulnerable person, a prospective Lender will be made aware of this fact so they an also instigate their Vulnerable Persons Procedures. We and the Lender will, where appropriate:
- Apply a high level of security to the customer's application for credit, in order to mitigate he risk of the customer entering into unsustainable borrowing.
- Balance the risk of a customer taking on unsustainable borrowing against inappropriately or unnecessarily denying credit to the customer
- Undertake an appropriate and effective creditworthiness assessment which does not place over-reliance on information provided by the customer for the assessment.
- Take particular care that the customer is not provided with credit which the firms knows, or reasonably believes, to be unsuitable to the customer's needs, even where the credit would be affordable.
Consumer Credit Directive
1. The Financial Conduct Authority (FCA)
2. Whose products do we offer?
We may from time to time use other insurers; we can provide you with more details if required.
We also offer selected products from a range of finance providers (Dependant on Franchise) including:
• Mobilize Financial Services • Evolution Funding Ltd • Blue Motor Finance Ltd • Motonovo Finance
3. What service will we provide you with?
- Hire Purchase
- Conditional Sale
- Personal Contract Purchase
- Personal Loan
- Leasing
- Contract Hire
4. What will you have to pay us for this service?
There is no fee for advising or recommending our insurance products including Guaranteed Asset Protection or any credit arrangement. You will receive a quotation which will tell you about any other fees relating to any particular insurance policy. We may receive a payment or other benefit from the finance provider if you decide to enter into an agreement with them.
5. Who regulates us?
Kent Auto Panels limited is authorised and regulated by the FCA. Our FCA Register number is: 300296. Our permitted business is arranging non -investment insurance contracts and consumer hire and credit brokerage for debtor-creditor-supplier agreements or consumer hire agreements. You can check this on the Financial Services' Register by visiting FCA's website. www.fca.org.uk/register/ or by contacting the FCA by phone on: 0800 111 6768.
6. What do you do if you have a complaint?
If you wish to make a complaint, please contact us:
In writing: Managing Director, KAP Motor Group, Shorncliffe Motor Park, Ross Way, Folkestone, Kent, CT20 3UJ or telephone 01303 228200. If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service (FOS).
7. Are we covered by the Financial Services Compensation Scheme (FSCS)?
We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Non-compulsory general insurance products are covered for 90% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS. You can telephone the FSCS on: 020 7741 4100 or write to them at: Financial Services Compensation Scheme, l0'h Floor, Beaufort House, 15 St Botolph Street, London EC3A 7QU
As an FCA regulated business it is important that you are aware of the fact that in placing business with a finance provider, we will receive a commission.
Any agreement with a third-party finance provider is totally separate to your agreement. For your peace of mind, any commission received by KAP
2) Will not affect the amount of money the finance company advances, as this is determined by the value of the vehicle.
It is also worth making clear that there are various other funders available in the marketplace to obtain quotes from.
Should you wish to enquire as to the level of commission on your deal, please speak to your Sales Executive.
Complaint Policy and Procedure
Purpose
B) This policy and procedure has been created to meet general standards and requirements and complies with standard complaint handling procedures, including the Financial Ombudsman Service (FOS) and FCA regulations.
C) We are committed to ensuring the fair treatment of our customers and ensuring they face no post sale barriers with our service and we have effective and transparent procedures in place.
D) As a business we ensure that complaints can be made using any reasonable means and recognise complaints require a resolution.
Definition
As per FCA material, they define a complaint as the following:
"Any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person about the provision of, or failure to provide, a service or a redress determination, which alleges that the complainant has suffered (or may suffer} financial loss, material distress or material inconvenience.
Customer Complaints Procedure
The following procedure explains how we deal with complaints, our commitments to you and what action to take if you think your complaint has not been resolved to your satisfaction.
If you have a complaint about any aspect of our service, then we would like to hear from you.
Please use the below details to let us know:
info@kapmotorgroup.co.uk
We kindly ask, so we can look into your complaint as quickly as possible you include as much detail as possible, however if we are missing anything we will be in touch. We will aim to come back to you within 48 working hours of receiving your complaint.
If we are able to investigate and resolve your complaint within 3 days, you will receive a summary resolution response from ourselves, which will detail our outcome and findings.
In the event our investigations take longer than 3 days, we will issue you a final response within the 8 week timescale. Whilst we try to close any complaint before this 8 week time frame we do need to make you aware we do have this time. Our final response will include detailed information of your complaint, our investigation and the resolution we have come to. If you are not satisfied with our final response or the handling of your complaint within the 8 week time frame, you can contact the Financial Ombudsman service using the details below. You must do this within six months of our final response.
0800 023 4567
Exchange Tower, Harbour Exchange, London, E14 9SR
Process and Responsibilities
1 Record Keeping
a) As per DISP 1.9 and to ensure that we handle our complaints efficiently and effectively, any correspondence or note from phone communications will be documented on our system.
b) This will allow the complaint handler to review the whole complaint and refer back to any point in the investigation if they are required to do so.
d) All records of complaints will be kept as per our retention periods, only employees that require access to customer complaint notes will be granted this information.
e) We aim to resolve all complaints as soon as possible to minimise the number of complaints (DISP1.4.3).
2 Training
3 Treating Customers Fairly
b) When it comes to complaints, we guarantee that our customers will not face any post sale barriers.
c) Our staff are aware that they need to assist customers as much as possible when they wish to make a complaint, and they should not receive a different service to any other customer.
d) As per DISP 1.3.2 customers are made aware they can make a complaint verbally or in writing and these contact details are provided in our complaint's procedure for ease for the customer.
e) We will ensure that our complaints procedure is in clear location so our consumers can access it with ease. To ensure we are in compliance with DISP 1.2 our complaints procedure is clearly listed on our website.
f) Specifically, to meet DISP 1.2, our complaint procedure will also detail contact details for the FOS.
g) Customers will have their expectations managed, and staff will explain the complaints process so a customer can understand the next steps.
h) As per DISP 1.4.1, we will thoroughly investigate any complaint competently, diligently and impartially, ensuring that any evidence is saved to the customers application for record.
i) In line with 1.4.2 all factors of the customers complaint journey and outcome will be considered in our investigations.
j) We will keep in constant communication with all parties.
k) We will assess fairly, consistently , and promptly:
The subject matter of the complaint
Whether the complaint should be upheld
What remedial action or redress (or both) may be appropriate.
If appropriate, whether it has reasonable grounds to be satisfied that another respondent may be solely or jointly responsible for the matter alleged in the complaint.
m) If a customer makes a complaint about a specific member of the team, that employee will not have any involvement in handling the customer's complaint .
n) Customers will never be charged for making a complaint, no matter what method of communication they use (DISP 1.3.1 ).
o) Where a customer has referred a complaint to the FOS, we will filly comply with any further investigations and comply promptly with any settlements or rewards in line with DISP 1.4.4.
p) At any point in our trading future, we are required to publish our complaints data due to the number of complaints received, we will ensure this is easily available to our customers and contains all the required information and in the time limits required. We will inform the FCA in writing as and when this has been actioned.
More than six months after the date on which we sent our final response, redress determination or summary resolution communication.
More than six years after the event complained of.
Three years from the date on which the complainant became aware (or sought reasonably to have become aware) that they had cause for complaint.
4 Summary Resolution
b) Once resolved, we will send the customer a Summary Resolution.
c) This will include details of how the customer can refer their complaint to FOS should they wish to if they are not satisfied with our response, the time limits able to do this and that we consider the complaint closed.
d) Depending on the customer's circumstances, and if it is deemed easier or preferred for the customer, we may communicate this resolution via other methods such as telephone.
5 Redress
a) redress will be decided on an individual basis and detailed to the customer in our final communication.
b) Management will take into account all aspects of the complaint and any suffering caused to the customer.
c) Where redress is considered or decided, we will ensure all factors have been taken into account including all evidence obtained and regulation set out buy the FCA and FOC.
d) Redress may also involve agreements with lenders or brokers, to determine an overall decision, and where application all communications and decisions will be documented.
e) As with all complaint records, redress will be recorded so we are able to report to the regulator.
6 Point of Contact
c) As KAP Motor Group grows and moves forward, we will consistently review this responsibility and regularly review knowledge and training.
e) We will then liaise with the customer and any third parties as required (and in line with DISP 1. 7 .1) and issue a final response letter or summary resolution.
f) If in the event or circumstance we are required to forward the complaint, we will do so promptly and inform the customer that we have done so.
Information on any redress offered and agreed on
Information on how the customer can contact FOC and the time limits applicable
FOS explanatory leaflet
A time frame of when we believe we will be able to
Informing they are able to contact FOS and the contact details to do so
FOS explanatory leaflet
Monitoring and Compliance
As a company we will ensure that we keep up to date with regulatory and legal requirements, and that our processes and policies are updated accordingly to meet regulations.
We may conduct root analysis on our complaints to identify any patterns that may potentially form, therefore limiting the risks to our customers.
In the event a complaint identifies an area of concern within our procedure, this will be assessed and rectified where applicable.
Review
This policy will be reviewed on at least an annual basis, any updates will be reissued on this policy.
All policy changes are approved by Angus Furneaux.
Contact deatils
Financial Ombudsman
Phone
0800 023 4567
Email address
complaint.info@financial-ombudsman.org.uk
Postal Address
Financial Ombudsman Service
Exchange Tower
London
E14 9SR
The Motor Ombudsman
Phone Number
0345 2413008
Email Address
servicecomplaints@tmo-uk.org
Postal Address
The Motor Ombudsman Ltd
71 Great Peter Street
London
SW1P 2BN
Automotive Compliance Ltd
Phone Number
01452 671 560
Email Address
complaints@automotive-compliance.co.uk
Postal Address
Automotive Compliance Ltd
The Factory
44 Alfred Street
Gloucester
GL1 4DP
Changes To The Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.