Terms and Conditions (Pre-arranged Cremation Plans)
Low Cost Funeral Ltd (we, us or our) operate ‘The Memoria Pre-arranged Cremation Plan’ – ‘The Plan’.
The Plan allows you to arrange and make financial arrangements for the provision of your or another’s cremation before death occurs. These terms and conditions apply to the Plan and form a binding contract between you and us, along with the Application Form, in these terms and conditions.
‘Application form’ is the form you complete when applying for the plan.
‘Certificate of Entitlement’ is the certificate provided to you by us confirming that you hold the Plan;
‘Charges’ means the charges for the Plan agreed by you on signature of your Application Form;
‘Plan Growth’ is the growth of the Plan from the date funds are first paid to us until the Plan Value is applied at the time of death;
‘Plan Value’ is the value of funds held in the Plan; and
‘you’ or ‘your’ is the holder and/or beneficiary of the Plan or your personal representative (as applicable).
2. Taking out a Memoria Pre-arranged Cremation Plan
2.1 You chose the style, cost and type of cremation required and apply for an option plan by completing and sending the Application Form to us with payment of the Charges. In the case of a monthly payment plan you should sign the direct debit form provided.
2.2 By sending an Application Form and payment of the Charges, you confirm the information in the Application Form is correct, you accept these Terms and Conditions and that you wish to enter into a binding contract with us to provide you with the Plan.
2.3 If we accept your application (and we reserve the right not to) we will send you a Certificate of Entitlement confirming your Plan. Our acceptance of your Application Form is the binding contract between us.
2.4 Keep your Certificate of Entitlement in a safe place as it will be needed when making the arrangements. We recommend that you let your next of kin know where you keep the Certificate of Entitlement.
2.5 If you lose your Certificate of Entitlement, or other relevant papers, you can obtain copies from us.
3. Your Plan
3.1 We will provide the items and services set out in your Application Form and any accompanying Plan details subject to the provisions in these Terms and Conditions. Any upgrades or extra services that you ask for or need (for example if you die abroad) will be charged to your personal representatives. In such cases we will carry out our obligations under the Plan as far as possible as long as your personal representatives have confirmed their liability for any extra expense.
3.2 Your Plan does include an allowance towards third party charges. Third party charges are all external payments which are outside the control of us. Such allowance is guaranteed not to reduce in value and will reflect any Plan Growth, but if third party charges are higher than the allowance and the Plan Growth, then you or your representatives must pay the balance. This applies to doctors’ fees for cremation papers and the use of a crematorium not owned or operated by Memoria Limited or removal/funeral services not provided by us.
3.3 If you die overseas and are repatriated to the UK (not covered by this plan) we will carry out our obligations under the Plan. If you are not repatriated the Plan will be cancelled and you will be refunded as if you had cancelled under Clause 7.2.
3.4 You can make changes to your Plan at any time after full payment. You may need to pay more if you upgrade your Plan or include extra products or services. We will tell you of any extra cost.
3.5. We will not be liable to arrange or to pay for a cremation unless the Certificate of Entitlement is produced.
4. The service
4.1 Any details in the Plan literature are designed to give a general description of the goods and services to be supplied. We will not be liable for any change in specification but goods and services will be of an equivalent quality and suitability.
4.2 Third parties will provide some of the services detailed in the Plan (e.g. the removal of the deceased). While we will use all due care in the use of such services, we cannot accept responsibility for any failure by any such third parties to meet any particular standard.
5. How we will ensure the funds in your plan will pay for your selected Plan
5.1 The Charges (other than the Management Fee) will be used to buy a whole of life assurance policy. The whole of life assurance policy will be owned by us for the purpose of providing the cremation. The Plan ensures that the funds will be available to pay without further recourse to you or your personal representatives (subject to the provision of these Terms and Conditions). We will effect the whole of life assurance policy with a life assurance company that is authorised by the Prudential Regulation Authority (PRA) and regulated by the PRA and the Financial Conduct Authority.
5.2 By holding the funds in a whole of life assurance policy the Plan meets the requirements of Article 60 (1) (a) of the Financial Services and Markets Act 200 (Regulated Activities) Order 2001.
6. Right to cancel and refunds
6.1 You may cancel the Plan within 30 calendar days of signing the Application Form. We will refund all payments made to us in full. This does not affect any applicable statutory consumer rights.
6.2 If a monthly payment plan is not completed, the amount paid (excluding the management fee) will be deducted from the price of the option selected at the time of need as published in that year by us. This applies to either a failure to continue with payments or the death of the person in whose name the Plan is written.
6.3 Once a Plan is cancelled, we will have no liability under these Terms and Conditions.
6.4 You may only cancel your plan in writing to us at the registered address.
7.1 At present, in the United Kingdom, the costs of providing a cremation are not subject to Value Added Tax (VAT). If VAT becomes payable on cremation expenses we reserve the right to recover this cost from you or your personal representatives.
7.2 the Plan is personal to you and cannot be transferred.
7.3 We will send any correspondence to whoever has been selected to receive it at the address shown on the Application Form, unless a change of address has been notified to us.
7.4 You must notify us if you change your usual place of residence. Moreover, if such a new address is further than 25 miles away from the nearest Memoria or approved partner crematorium at the time of need, then an additional removal charge will become payable at that point in time. In addition, if you pass away at an address other than your home the same condition will apply.
7.5 These Terms and Conditions are subject to the laws of England and Wales and we submit to the exclusive jurisdiction of the Courts of England and Wales for the resolution of any dispute arising from them.
7.6 We reserve the right to change the Terms and Conditions from time to time, for example if VAT rules change. We will notify you of any changes that affect you.
8.1 If you have any complaint regarding the quality of the service or the items supplied in connection with a Plan, you must contact Low Cost Funeral Limited at our registered address:
Low Cost Funeral Limited
The Pool House