Terms and Conditions
All Loans
1. This agreement shall not become binding until signed by both us and you and shall be deemed to be made on the date on which it is signed by either us or you whichever is the later.
2. If this agreement is a joint account these conditions apply to both of you together or either of you on your own. For example, if you owe us money we can claim it back from either of you or both of you. This applies whether or not you continue to be in a relationship together (for example, if you divorce). If one of you dies, your estate will become responsible for repayment of the loan along with the survivor of you.
3.1 You agree you will pay your monthly payment as specified overleaf by direct debit, or such other method we tell you. We may also use the direct debit system to collect any charges you have to pay us.
3.2 If the payment date on which a monthly payment is due is a non-business day, we may collect it on the next business day.
4.1 If at the start of this loan agreement there is a deferred repayment period, we will charge you interest on the outstanding balance from the day we provide your loan. The interest we charge is included in the total charge for credit.
4.2 We may in future tell you that you can take a repayment 'holiday' and how long it will be. You will not have to make your normal monthly payment during the repayment 'holiday' but the outstanding balance of your loan will not reduce and we will continue to charge interest on the outstanding balance of your loan. So you will pay us more interest overall; the length of your loan will increase and so may the number of repayments. We will give you details before you take the repayment 'holiday'.
5.1 If you withdraw from this loan agreement we may stop the loan being paid to you. If the loan has been paid to you, then you must repay the loan to us without undue delay and no later than 30 days after we receive notice of your withdrawal from the loan agreement. With this in mind, if you have not repaid the loan within 30 days, then we can and you give us permission to repay the loan and interest at the rate shown in your loan agreement for you from your chosen bank account as stated on your application. If you do not repay the loan we will take legal action to recover the outstanding loan amount, the interest payable, and our costs.
5.2 We reserve a right to withdraw from the loan agreement before the loan is paid to you if we cannot verify what you have told us and or your circumstances are different to what you told us and or your circumstances change in a way which affects our decision to lend to you. This means that even after both you and we have signed the loan agreement we do not have to pay the loan to you in such a case.
6.1 If any of the following happens we no longer have to pay you the loan or any part of it and, depending on any notice we are required to give you by law, we may terminate your loan agreement and you must pay us the total amount owing straight away:
- You do not pay the monthly payment by the payment date in each month;
- You breach any other conditions in your loan agreement, or any other agreement you have with us;
- You make, or have made, any statement in connection with this agreement which is misleading or inaccurate;
- You enter into a voluntary arrangement (or propose to do so), or enter into an arrangement with your creditors, or an application is made for a provisional insolvency order against you, or a bankruptcy petition is made against you, or we think that one is going to be made, or your property is taken into trust for the benefit of your creditors;
- You die.
7. If you notify us that part of your loan is to be used to repay existing loans you have with us, you give us permission to use your loan to repay any such existing loans and we will pay the balance of your loan to you.
8. If you wish to pay all the money owing to us under your loan agreement before the end of the repayment period you must tell us and pay us the total amount owing less the statutory rebate. If you write to us and ask us we will send you a statement showing the amount you must pay us.
9. Any notice we give you will be sent to you at the last address you have given us. Unless we say something different in this loan agreement any notice you give us must be sent to us at our address stated in this loan agreement, it must be in writing and it will be effective when we receive it.
10. We can delay in enforcing, or fail to enforce, our rights under your loan agreement without losing them. We can still enforce our rights under your loan agreement even if we have given you a concession or we have waived any breach of your loan agreement. We may also accept part-payments made by you or a third party marked as 'payment in full' or with similar wording whether or not such part-payment is made ahead of time without losing our right to claim in full the total amount owing (less any statutory rebate) unless we confirm to you in writing that we have accepted such part-payment in full and final settlement.
11. You must write to tell us your new address within seven days if you change it.
12. You are not allowed to transfer or assign all or part of your loan agreement or any of your rights or obligations under it without our consent. We may transfer our rights and obligations under your loan agreement to another organisation (including organisations outside the European Economic Area). If we do this, we may let them have any other information about you. We may also arrange for any other person to carry out our rights or duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected.
13. Your dealings with us both before and after you take out your loan and also the terms of this agreement shall be governed by the law of Scotland if you reside in Scotland when the agreement is made, the law of Northern Ireland if you reside in Northern Ireland when the agreement is made, otherwise it shall be governed by the law of England and Wales.
14. We can monitor and record phone calls to or from us (or on our behalf). We do this to check what was said and also to help us train our staff.
15. The Contracts (Rights of Third Parties) Act 1999 shall not apply so as to entitle any third party to any rights or benefits under this Agreement unless we transfer our rights and obligations under this agreement.
16. We will supply these terms and conditions and otherwise communicate with you in connection with your loan in the English Language.
17. We may give details of your loan and any information we hold in connection with it to anyone else if:
- The law says we must;
- We have a public duty to do so (this includes giving information to the police if we think it will help them prevent or detect crime);
- It is necessary to protect our interests;
- We are discussing transferring the loan; or
- You have given us permission to do so.
18.1 Subject to clause 18.2 we may change any of the terms of your loan agreement except the amount of credit (the loan) and the annual interest rate.
18.2 We can change a term under clause 18.1 if one of the following reasons applies:
- We believe that it is in your best interests to do so; or
- To reflect changes to the law or codes of practice a decision or recommendation made by, or a requirement of, a court, ombudsman, regulator or similar body or an undertaking given to the Director General of
Fair Trading; or
- To reflect changes to the way we look after your loan account, or personal loan accounts generally (including changes to the technology we use) because of the steps we have taken to modernise or improve our
systems for managing those accounts or reasons outside our control; or
- We take over, take control or acquire another bank or organisation offering similar services or we are taken over or our business is acquired by another bank or organisation offering similar services and the change
will allow us to use the best systems available for managing personal loan accounts generally and or so our customers and customers of the other bank or organisation are treated in a similar way if they are in similar
categories.
- Where we refer to 'changes' above we mean changes we know will happen or we reasonably believe will happen, or changes which have already taken place.
18.3 If we decide to change a term under condition 18.2 we will tell you at least 7 days before the change.
18.4 We may change any fee or charge, (other than the interest rate), or introduce new charges under your loan agreement to reflect a change in our administrative costs by giving you at least 30 days' notice, unless the change is not to your disadvantage, in which case we may make the change immediately.
18.5 We will give your loan agreement an account number to help with its administration and we may change the account number at any time if we have a good reason.
19. You warrant that the information in your loan application and contained in this agreement is true and accurate and that you will immediately notify us in writing if any of the information changes.
20. DATA PROTECTION ACT DECLARATION
To see how we use your information and how to give your consent, please read the privacy statement on our website:
or ask for a printed copy of this.
We will search credit reference and fraud prevention agencies to check your identity, credit status and help us make decisions. For this application, we will assess you on your own (except where there is another party to this application). By signing/submitting the application, you declare that your financial associate's finances will not affect our decision. We check your declaration and may decline the application if it is inaccurate.
If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering. Further details explaining how information held by the fraud prevention agencies may be used can be obtained by reading the privacy notice or by telephoning
You agree that information on the performance of your account(s) may be shared with Credit Reference Agencies and may be used by other lenders for credit assessment.
By signing the credit agreement you agree that we can use your information in the ways described.