1.1.1 You are currently employed and your last salary payment occurred within the period beginning 30 days before the date of your loan application;
1.1.2 You have no reason to believe that your future salary payments will not be paid to you on or before each Payment Date, into the bank account (the Account) specified by you;
1.1.3 If the Account is a joint bank account, you have individual, full and unrestricted authority to offer debit card and direct debit payments from it;
1.1.4 You authorise us to debit the instalment due on each Payment Date by direct debit and/or debit card using the details you have provided for these purposes;
1.1.5 You are not a Borrower under any proceedings in bankruptcy and have no intention to file a petition for relief under the Insolvency Act 1986; and
1.1.6 You are UK resident and over 18 years of age.
1.2 Unless otherwise provided in this Agreement, all payments will be applied first to interest charges due under this Agreement and then to the amount of credit.
1.3 You grant us permission to contact your employer to confirm the fact of your employment only.
1.4 You must inform us immediately of any changes to your bank details or employment details, or of any other changes in circumstances which may affect your ability to make payment under this Agreement.
2. REPAYMENTS BY DIRECT DEBIT AND CONTINUOUS PAYMENT AUTHORITY
2.1 We will contact you via email or text message at least three (3) days prior to a Payment Date to remind you when repayment is due. Please contact us if you are having repayment difficulties.
2.2 When you enter into this agreement you are required to provide us with a Continuous Payment Authority (CPA) to take the repayment from your account using your debit card. In addition, you may opt to provide us with a direct debit mandate.
For customers paying by debit card alone
2.3 If you choose not to provide a direct debit mandate, we will use CPA to try to collect the instalment due from your debit card on each Payment Date; if this attempt fails we shall make one further attempt on the day after the Payment Date to collect instalment due.
For customers opting to pay by direct debit or debit card
2.4 Where you provide us with both a direct debit mandate and your debit card details you expressly authorise us to use both methods to seek to take the instalment due. We may make up to two attempts to take the instalment due as follows:
Attempt one: by direct debit on the Payment Date (when we use direct debit we will seek to recover interest and capital on one direct debit mandate)
Attempt two: by debit card on the day we are notified by your bank that your direct debit payment has failed
Where we have made two consecutive failed attempts to collect the balance as outlined above we cannot make any further attempts to collect any further payments due, by direct debit or debit card, unless we have your express authority to do so. We will never seek to recover part-payment by CPA unless you give your express consent for us to do so.
2.5 You can cancel the direct debit or CPA by contacting us by email, telephone or post via the contact details shown below or by contacting your Bank directly. If you cancel either or both you must ensure that you have made alternative payment arrangements prior to the following Payment Dates to avoid going into default.
2.6 If a Payment Date under your agreement above falls on a Sunday or a bank holiday, then payment may be taken on the next working day.
2.7 Please note that separate payments made by debit card that are individually and expressly agreed with you do not fall within the definition of CPA and are not subject to the above provisions.
2.8 Where any attempt to recover repayment fails we will immediately try to contact you by phone, email and/or text message and find out why you have been unable to meet your repayment obligations. Please let us know if you are experiencing financial difficulty, we will treat you sympathetically and seek to assist you by agreeing alternative repayment arrangements and we may be able to freeze interest. Please note the adverse consequences of missing your payment, including the charges detailed below.
3. DATA PROTECTION
3.1 The information we collect from you is used by us to assess your creditworthiness, to manage your account and to make collections; it is also used to contact you by post, email SMS and other electronic means for marketing purposes.
3.2 In considering whether to enter into this Agreement, we may search your record at credit reference agencies. They will add to their records about you, details of our search and your application and this will be seen by other organisations that make searches. Our search of records at credit reference agencies may be linked to your spouse/partner, or other persons with whom you are linked financially.
3.3 To comply with our regulatory requirements we are required to share information about your loan in real-time with multiple credit reference agencies who will share this information with other lenders. The information will include (but is not limited to) your basic details (such as name and address), the amount of credit, duration of the credit agreement and payment performance (for example regular payments made and any arrears or default on your part).
3.4 It is important that you provide us with accurate information. We may check your details with fraud prevention agencies and if you provide false or inaccurate information or we suspect fraud, this information may be recorded.
3.5 Please write to us at our address stated above or telephone us at the number listed above if you require details of the credit reference agencies or any other agencies from whom we obtain, and to whom we pass, information about you. You have a legal right to these details. You also have the right to receive a copy of the information we hold about you if you apply to us in writing. A small statutory fee will be payable.
3.6 You may opt-out of receiving marketing communications from us by contacting us by post, email or telephone via the details given under 'Right of withdrawal' above.
3.7 If you opt-out of our use of your data for marketing purposes, we will honor such choice once we have had a reasonable opportunity to process your request. We reserve the right to take reasonable steps to authenticate your identity with respect to any such request or other enquiry.
4. REGULATORY INFORMATION
4.1 We are registered by the United Kingdom's Registrar of Companies and our company number is 04179322. Our main business is consumer lending. Our registered office is Wellington Plaza, Wellington Street, Leeds, LS1 4DL.
4.2 We are authorised and regulated by the Financial Conduct Authority in accordance with the Consumer Credit Act 1974 for the conduct of consumer credit business. Our permission number is 672831.
4.3 We are registered with the Information Commissioner in compliance with the Data Protection Act 1998. Our registration number is Z1687106.
5.1 If we do not enforce our rights under this Agreement at any time we will not be prevented from doing so later.
5.2 Any notice or demand we give will be assumed to have been properly given if served on you personally, sent to an email address provided by you or left or sent by prepaid envelope addressed to you at your current address or last known business or private address. If sent by first class post it will be assumed to have been received by you 48 hours after posting.
5.3 We may transfer or assign all or any of our rights under this Agreement without your consent but if we do so you will be informed of this.
5.4 This Agreement shall be governed by the laws of England and Wales (or Scotland if you reside there) whose courts shall be the exclusive courts of jurisdiction over any claim or matter arising under or in connection with this Agreement.
5.5 The contractual terms and conditions, and the prior information, are in English. We undertake, with your agreement, to communicate with you in English during the duration of this Agreement.
5.6 Your obligations under this Agreement are unsecured.
This includes taking you back to where you left an application or offering to pre-fill application information for you.
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