1. Contact details
2. Key features of the credit product
3. Costs of the credit
4. Other important legal aspects
5. Additional information in the case of distance marketing of financial services
This document contains some important information and will help you understand some of its main features so you should read it carefully. You should also consider the Pre-Contract Credit Information, which is yours to keep. If you have any questions, please contact us on 01253 393106.
The credit agreement allows the cost of the insurance services that you have ordered from us to be deferred over a period of time and is not intended for any other use.
We will provide the credit by allowing you time to pay for the services to be provided.
The APR has been calculated on the assumptions that the agreement will last for its intended term and that we and you will comply with its terms.
An equal proportion of the Fee will be collected with your Advance Payment and with each Repayment. Your first Repayment will be due one month after the date the insurance is incepted (we will tell you when this is) and subsequently on the same date of each month thereafter.
The agreement consists of the terms above and the following.
TERMS AND CONDITIONS OF CREDIT AGREEMENT
1. We agree to lend you the Amount of credit to fund the purchase of the Insurance and you authorise us to pay or arrange to pay the insurance company which
underwrites the Insurance ("Insurer"). We will provide the credit after we have entered into this agreement by financing the cost of the Insurance we arrange.
2. You must pay all sums due under this agreement on their due date. You must pay the Advance Payment [on or before the date of this agreement].
3. If any of the following events take place then we shall be entitled, after the expiry of a default notice, to demand immediate payment of the unpaid balance of the
total amount payable less any applicable rebate:
3.1 you fail to make any payment by its due date;
3.2 any information about you which you provided to us when applying to enter into this agreement, proves incorrect or inaccurate;
3.3 If you are an individual:
3.31 a statutory demand (that is, a written demand for payment of a debt of at least £750, which, if unpaid, may result in bankruptcy proceedings
being brought against you) is not paid for 21 days, or any steps are taken by you or anyone else to declare you bankrupt;
3.3.2 you take steps to enter into an arrangement or debt management plan with your creditors; or
3.3.3 a bailiff or other officer controls or seizes any of your goods following a court order;
3.4 If you are a corporate body:
3.4.1 a resolution is passed for your winding up or a court of competent jurisdiction makes an order for you to be wound up or dissolved or you are
otherwise dissolved;
3.4.2 an administrator, a receiver or an administrative receiver or an encumbrancer of the whole or part of your undertaking, assets, rights or
revenue is appointed or takes possession or sells the whole or part of your undertaking, assets, rights or revenue;
3.4.3 you are unable to pay, or are deemed to be unable to pay, your debts within the meaning of section 123 of the Insolvency Act 1986; or
3.4.4 you enter into an arrangement, compromise or composition in satisfaction of your debts with your creditors, or any class of your creditors, or
you take steps to obtain a moratorium or you make an application to a court of competent jurisdiction for protection from your creditors.
4. You agree to pay all reasonable fees and charges incurred by us and our agents if we have to take legal proceedings against you, if you break any of the terms of
this agreement, or if you do not tell us when you change address. Our fees and charges will be added to your balance outstanding.
5. You irrevocably authorise us, as your agent on your behalf, to instruct the Insurer to cancel any Insurance if any payment fails to be made, or if you are otherwise
in breach of this agreement.
6. You irrevocably authorise and instruct the Insurer, and you irrevocably authorise us as your agent on your behalf to instruct and authorise the Insurer to pay to us:
6.1 any refund of premium which may be due to you following a cancellation of or adjustment to any Insurance (whether this follows a cancellation by you
or by us or by the Insurer); and
6.2 any payment which may be due to you in settlement of any claim under any Insurance and we shall apply any such funds in reduction of the money you
owe to us.
7. You irrevocably authorise us on receipt of any cheque or other form of payment received by us from the Insurer in respect of:
7.1 any refund of premium which may be due to you following a cancellation of or adjustment to any Insurance (whether this follows a cancellation by you
or by us as your agent or by the Insurer); and
7.2 any payment which may be due to you in settlement of any claim under any Insurance, to hold and retain the same against payment by you to us of the
money you owe to us.
8. We may at any time waive any provision of this agreement or grant you any time or indulgence without affecting our rights under this agreement or our ability
subsequently to enforce this agreement strictly in accordance with its terms.
9. We may assign and/or transfer any of our rights and/or our obligations under this agreement provided this does not adversely affect your rights under this
agreement. You may not assign or transfer any of your rights or obligations under this agreement. If we do assign or transfer any of our rights then we may also
transfer any claim we hold on you.
10. We may send any notice under this agreement to you at your address stated overleaf or your address last known to us.
11. At any time throughout the duration of this agreement you have a right to receive a statement in the form of a table, free of charge, which will show the amount
of each Repayment which still remains to be paid, the date on which each is due and any conditions relating to its payment. A breakdown of each Repayment
will be provided showing how much is made up of capital and other charges.
12. If this agreement is signed by more than one debtor or if you are a partnership then each debtor or partner, as the case may be, shall be jointly and severally liable
under the agreement.
13. The right you have to withdraw from this agreement does not affect your contract for the purchase of the Services.
14. If you are a corporate body, limited liability partnership, or other party to which the Consumer Credit Act 1974 (Act) should not apply by virtue of your
business status or otherwise, then you agree that any statement in this agreement about the Act, or any right which would otherwise be conferred by the Act will
not apply to you.
15. If you have a complaint about this agreement or the goods or services financed by it which you are unable to resolve with us then you have a right to refer it to
the Financial Ombudsman Service unless you enter into this agreement in the course of your business when you may have a right by writing to them at South Quay Plaza, 183 Marsh Wall, London, E14 9SR.
16. This agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with the law of England and Wales. Each
party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising from or in connection with this
agreement.
Important - use of your information By signing this agreement you agree that we may use your data as set out in the Personal Data section of our Terms of Business.
Missing Payments
If you fail to make any Repayment it may have serious consequences. You may have to pay the reasonable costs and expenses we incurred by us and our agents if you break any of the terms of this agreement, or if we have to take legal proceedings against you. Your credit records may be affected, making it harder or more expensive to borrow again. We may also cancel the Services.
Withdrawal
You have a right to withdraw from this agreement, without giving any reason. The right starts on the day you sign the agreement and lasts to the end of the 14th day starting with the day after the day on which the agreement is made or, if later, the date we tell you it has been made. You can tell us you want to withdraw in writing or orally by contacting the compliance officer at the address shown above or on giving details of this agreement. If you withdraw you must repay us the Amount of Credit. You must pay us without delay and, in any event, no later than 30 days after giving notice of withdrawal. You can pay us by cheque, direct credit, credit card or bank transfer.
Early repayment
At any time before the final Repayment is due you have a right to pay off some or all that you owe us. You must give us verbal or written notice that you wish to make earlier repayment and, in the case of full settlement, must tell us the date on which you wish to settle. You can contact us at the address shown for us above or on . For full settlement we will send you a statement setting out the amount that you owe. When you make a partial payment we will apply this to reduce the term of the agreement. You may ask us to send you a statement.
Claims in respect of services
If you believe any services provided under this agreement are unsatisfactory or that a supplier has made any misrepresentation about them and the services cost more than £100 but not more than £30,000 you may have a right to sue us as well as the supplier.
If you are a partnership consisting of four or more partners, limited liability partnership or limited company then none of the rights which are available under the Consumer Credit Act 1974 will apply to you.
This is a credit agreement. Sign it only if you want to be legally bound by its terms.
Signed for and on behalf of Marionette Facilities Limited trading as BP Insurance Brokers.