Your Finance Agreement Arranged Through Right PDF
Your Finance Agreement Arranged Through Right PDF
Your Finance Agreement Arranged Through Right PDF
Mr Daniel Schipor
495 Kenton Lane
Harrow
Middlesex
HA3 7JW
26 May 2015
Your account number: 5005891755 01
Doc Ref: CBP/B1-1
Thank you for choosing Close Brothers Limited trading as Close Brothers Premium Finance to fund your
insurance premium and any associated costs, arranged through Right Choice Insurance Brokers Ltd.
If there's anything else you would like to know, please call us on 0870 990 7967 between 9am and
5.30pm, Monday to Friday. Or, if your question is about your insurance policy itself, please contact your
insurance broker Right Choice Insurance Brokers Ltd on 01708 336500.
Yours faithfully,
87700641
UHM:PO:SOM:RetAddr_Id=RA_CBL0001:SL_FS_Front=SL_CBL0002:Duplex
UHM:JA:PrinterName=Welcome_Pack_TSB:CustSpec_01=87700641:CustSpec_02=CBP-B1
Fees
We may charge you the following additional fees:
Fee if you miss any minimum monthly payment:
30.00
Fee for each drawing if your account is cancelled due to your failure to
comply with the terms and conditions of your agreement:
0.00
Policy number
24/05/2015 FC/4805/154563
8
26/05/2015 -
Insurer
Cover type
Amount to be
debited ()
Markerstudy Insurance
Company Limited
Brokers Fee
Private Car
1,150.00
Fee
45.00
Less deposit
268.17
Total premium
926.83
171.46
1,098.29
This does not include any credit arrangement fee paid directly to your broker. Please see your credit
agreement for more information.
If there is a change to the total amount payable on your credit agreement (for example, if you renew
your insurance policy), the interest rate may vary.
Mr Daniel Schipor
495 Kenton Lane
Harrow
Middlesex
HA3 7JW
26 May 2015
Your account number: 5005891755 01
DANIEL SCHIPOR
Account number:
82106949
40-20-16
If any of these details are incorrect, please let us know immediately on 0870 990 7967.
Amount ()
Date
Amount ()
24/06/2015
109.83
24/11/2015
109.83
24/07/2015
109.82
24/12/2015
109.83
24/08/2015
109.83
25/01/2016
109.83
24/09/2015
109.83
24/02/2016
109.83
26/10/2015
109.83
24/03/2016
109.83
We collect payments monthly in advance, beginning on the start date of your policy. If your insurance
policy has been in place for a period of time you may need to make more than one payment within the
first month. If so this is shown above.
For your information, collections will be made using this reference:
Service user number:
807324
Reference:
68366272
What to do next
If any of these details are incorrect, please let us know immediately on 0870 990 7967. However, if your
details are correct you need do nothing and your Direct Debit will be processed as normal. You have the
right to cancel your Direct Debit at any time. A copy of the Direct Debit Guarantee is below.
If there's anything else you would like to know, please call us on 0870 990 7967 between 9am and
5.30pm, Monday to Friday. Or, if your question is about your insurance policy itself, please contact your
insurance broker Right Choice Insurance Brokers Ltd on 01708 336500.
Yours faithfully,
Credit intermediary
Address
Running account
Repayments
The total amount you must pay in respect of your first drawing of
926.83 is 1,098.29, assuming you make all your minimum
monthly payments on time. This amount includes any credit
arrangement fee you may have been charged by your broker.
Based on the assumption that you had borrowed 1,200.00 under
the Agreement, and the other assumptions set out in the
Agreement under "Interest and charges", the total amount that
you would have to repay us under the Agreement would be
1,496.04.
Security required
This is a description of the security to be provided by you in
relation to the credit agreement
The flat rate interest charge on the first drawing under the
Agreement will be 18.50%. This is equivalent to an annual rate of
interest of 24.67%, assuming that the drawing is repaid in 10
instalments starting on the first date when the facility is available.
We may notify you to vary the flat rate interest charge and the
annual rate of interest.
Related costs
Any other costs deriving from the credit agreement
We may charge: (i) a facility fee each time you make a new
drawing or increase the amount of a drawing to finance an
increase in the insurance premium. The facility fee for the first
drawing under the Agreement will be 0.00; (ii) a fee where you
ask to move back the due date for any minimum monthly
payment by more than seven days; (iii) a fee of 0.00 where we
terminate the Agreement following an event of default for each
drawing; and (iv) a fee for any reasonable costs we incur in
responding to and dealing with your enquiries. Your broker may
have charged a credit arrangement fee of 0.00 for the
arrangement of the first drawing under the Agreement. You may
be charged a credit arrangement fee each time you make a new
drawing or increase the amount of a drawing to finance an
increase in the insurance premium.
If you miss a payment you will incur extra charges, your credit
record may be affected and you may find it harder to borrow
again from us or another lender. We may take steps to have the
Relevant Policy or Policies terminated. We may also take legal
action against you.
You have the right to withdraw from the Agreement without giving
any reason before the end of 14 days beginning with the day after
(a) where we send you an agreement signed by us, the day on
which you enter into the Agreement or (b) where you sign an
agreement that has not been signed by us, the day on which you
receive a copy of the Agreement signed by us.
Early repayment
You have the right to repay the credit early in full or in part at any
time.
You have the right, upon request, to obtain a copy of the draft
Agreement free of charge.
English law
English.
BfuBfVZVeCJdeJFu;FUJUwYZdeDfw:dwX
B500589175501
Email [email protected]
Mobile
Broker Address St James House, 24-43 Eastern Road, Romford, Essex, RM1 3NH
This Agreement and the Facility
References in this Agreement to We, Our and Us are to the Bank. References to You and Your are to the
Customer.
The main terms of this Agreement concerning the payments that You must make and Your rights under the Agreement
are set out on this page above the signature box. More detailed Conditions, which also form part of this Agreement, are
set out over the page.
This Agreement sets out the terms of a credit facility under which You, or the Broker on Your behalf, may request one
or more drawings to finance the purchase of insurance policies and any charges associated with those policies. You
authorise and instruct Us to forward the amount of each drawing to the Broker or the insurer under the policy being
financed. We will open an account in Your name to record the unpaid balance of all drawings, all interest and any charges
relating to the facility (the Account).
The facility has no fixed duration and, at the date of this Agreement, imposes no credit limit but We may apply a credit
limit by writing to You in advance.
Payments and repayments
You must make a minimum monthly payment to Us each month in respect of each drawing while You owe money under
this Agreement. We will determine the minimum monthly payment, which will be enough to repay each drawing (together
with any associated interest and charges) before the expiry of the insurance policy or policies it finances. We will write to
tell You what the minimum monthly payment is and the dates when it is due. We may notify You to revise the minimum
monthly payment and the dates when it is due each time there is a new drawing, a change in the insurance premium or
the charges being financed, or You make an overpayment or a partial early repayment. The total amount You must repay
in respect of Your first drawing of 926.83
under this Agreement is 1,098.29 , assuming You make all Your
minimum monthly payments on time. This amount includes any credit arrangement fee You may have been charged by
the Broker.
Interest and charges
We apply a flat rate interest charge on the amount of each drawing. The flat rate interest charge on the first drawing
under this Agreement will be 18.50% . The annual rate of interest is equal to the flat rate interest charge adjusted by the
portion of a year for which the drawing is outstanding. The annual rate of interest for the first drawing under this
Agreement is 24.67% , assuming that the drawing is repaid in 10 instalments starting on the first date when the
facility is available. We may notify You to vary the flat rate interest charge and the annual rate of interest in accordance
with Condition 10.
The APR under this agreement is 52.27% , based on the assumptions that: (i) You make a single drawing, which is
assumed to be 1,200, on the first date when the facility is available and any facility fee and credit arrangement fee is
calculated on the basis of a drawing of that amount; (ii) the drawing, interest charge and any facility fee are repaid in equal
monthly payments over a period of one year commencing one month after the date of the drawing; and (iii) interest is
charged at the annual rate of interest quoted above. Based on these assumptions, the total amount You would have
pay under this Agreement would be 1,496.04
The dates and amounts of payments assumed to calculate the annual rate of interest, the APR and the total amount
payable may not be the same as the dates and amounts of payments that apply to actual drawings under this Agreement.
The facility fee for the first drawing made under this Agreement will be 0
The Broker will have charged you a
credit arrangement fee of 0.00
for the arrangement of this drawing. You may be charged a facility fee and / or
a credit arrangement fee each time you make a new drawing or increase the amount of a drawing to finance an increase
in insurance premium.
Signature of Customer
Print Name
If one of the following events occurs, We may make the following charges (which We will debit from Your account
automatically):
(a) 30 if We do not receive any minimum monthly payment on time;
(b) 0
for each drawing if We end this Agreement for a reason set out in Condition 5;
(c) a fee of at least 25 if You ask to move back the date for any minimum monthly payment by more than 7 days;
(d) all reasonable management and administrative costs We incur in responding to and dealing with Your enquiries
relating to the administration of Your account, subject to any restrictions under (i) the Consumer Credit Act 1974
(CCA) and all regulations made under it; (ii) the rules of the Financial Conduct Authority and any other rules or
requirements of a relevant regulatory authority; and (iii) all other laws, rules and regulations as in force and
applicable to Our provision of credit under this Agreement (Applicable Law); and
(e) if You fail to make a minimum monthly payment or to pay any other amount on time, interest on the unpaid amount
until that amount is paid, calculated daily at the annual rate of interest applicable to the relevant drawing (determined
as described under Interest and charges).
Right to withdraw
You have the right under the CCA to withdraw from this Agreement without giving any reason before the end of a period
of 14 days beginning on the day after (a) where We send You an agreement signed by Us, the day on which You enter
into this Agreement or (b) where You sign an agreement that has not been signed by Us, the day on which You receive a
copy of this Agreement signed by Us. If You wish to withdraw You must give Us notice by one of the following methods:
(i) by telephone on 0870 990 7967; (ii) by email to [email protected]; or (iii) by post or delivery of the
notice to the above address. If You do give Us notice of withdrawal, You must repay to Us the amount of any drawing that
has been made without delay and in any event by no later than 30 days after the day on which You give US notice of
withdrawal. You will not be required to pay any interest or charges. If You withdraw from this Agreement leaving sums
outstanding We may notify credit reference agencies.
Missing payments
If You miss a payment You will incur extra charges, Your credit record may be affected and You may find it harder to
borrow again from Us or another lender. We may take steps to have Your insurance policy or policies terminated. We may
also take legal action against You.
Use of Your information
In order for Us and others to: (i) assess Your credit application; (ii) administer this Agreement and related transactions;
or (iii) comply with laws and regulations, undertake fraud prevention, debt recovery, statistical analysis or systems
development, You agree that We may use personal information about You and pass Your personal data to: (i) associated
companies within and outside the European Economic Area (EEA); (ii) third party service providers within and outside the
EEA; (iii) credit reference, law enforcement or fraud prevention agencies; and (iv) anyone acting on Your behalf and any
guarantor of this Agreement.
We and any other company in the Close Brothers Group plc group (Group Company ) may contact You in relation to
this Agreement by post, email, text message or phone. We may send You marketing information advising You of other
financial products and services offered by Us or a Group Company that may be of interest to You. You have the right at
any time to stop Us from contacting You. Please write to Us at the above address, email Us at
[email protected] or telephone Us on 0870 990 7967 if You want Us to stop or for more details.
Signature of Bank
Date
Customer acknowledgements
(a) These are Our standard terms and conditions on which We intend to rely. You should read this Agreement carefully
before signing it, together with any other documentation We have sent You. If You do not understand anything please
ask for further information or seek independent advice.
(b) If We do not receive a signed copy of this Agreement back from You (or satisfactory confirmation that You have signed
it), We will have no obligation to provide You with credit. If We withdraw Our offer to provide credit, any amounts paid
by Us to the Broker will be held by the Insurer on Our behalf and You authorise Us to repay any interest and charges
that We have collected from You to the Broker on Your behalf. Any insurance policy that was to be financed under this
Agreement may be at risk of being cancelled.
(c) Even if You do not sign and return a copy of this Agreement to Us or confirm that You have done so, We will regard
You as having accepted Our offer to provide credit to You on the terms set out in this Agreement if You permit the first
minimum monthly payment under the facility to be collected from Your bank account under the Direct Debit Instruction
that You have provided to Us.
FORM 9101
Date 26/05/2015
R_PL_CS_STD_CA_A_B_0115
Conditions
DocuSign
Envelope ID: 4F94610A-28ED-423F-98F9-DDC82AA8F066
1. Request for drawings: You may request credit under this Agreement by sending Your request to the
Broker. We may decline any such request. The amount of any request for credit in connection with the
policy being financed (such policy including any renewal, substitution or replacement of the policy, being a
Relevant Policy) will be debited to Your Account and We will pay it to the Broker or the insurer.
2. Minimum monthly payments: You must pay to Us by Direct Debit a minimum monthly payment as referred
to on the front page of this Agreement. We do not have to send You a separate demand. You must
maintain a Direct Debit Instruction in respect of the minimum monthly payment due for the duration of this
Agreement.
3. Security: As security for the payment of all present and future amounts, obligations and liabilities that You
owe to Us under or in connection with this Agreement (Unpaid Amounts), You:
(a) charge to Us by way of first fixed charge; and
(b) assign and agree to assign to Us by security, absolutely and unconditionally, all Your right, title and interest
at any time in and to the Relevant Policies, including (without limitation) all rights to and interest in (i) all
sums payable under Relevant Policies (including refunds and claims other than third party claims), and (ii)
the right to cancel and/or enforce the Relevant Policies.
In addition, for so long as there are Unpaid Amounts outstanding, You agree that You will:
(c) not create or allow to exist any security interest on, or in relation to, any Relevant Policy other than those
rights specifically given in Our favour;
(d) not assign or transfer any Relevant Policy to any other person;
(e) not cancel, vary, renew or replace any Relevant Policy without Our consent;
(f) not claim under any Relevant Policy without notifying Us in advance;
(g) not appoint a broker other than the Broker referred to on the front page of this Agreement without Our
consent;
(h) not do or allow anything to be done which might prejudice Our security over the Relevant Policies or
reduce the amount payable under any of them;
(i) ensure that any refund of premiums due in connection with a Relevant Policy is paid to Us (and We will
credit the refund to Your Account); and
(j) take whatever action We reasonably request to (i) perfect or protect the security created by this
Agreement, and (ii) enable the cancellation or enforcement of any Relevant Policies.
4. Enforcement of security: If, following any event or circumstance specified in Condition 5 (each an Event
of Default ), We decide to enforce the security, We (or the Broker acting on Our behalf) may take such
steps in relation to the Relevant Policies as are necessary to protect Us. These steps may include (but are
not limited to): (i) notifying Your insurer of Our interest in the Relevant Policies; (ii) cancelling any Relevant
Policy and applying any proceeds or refunds paid under it in or towards payment of the Unpaid Amounts;
(iii) taking steps to enforce any Relevant Policy; and (iv) taking possession of any Relevant Policy and
retaining it. This will mean that You do not receive any amounts paid in connection with the Relevant
Policies until We have been repaid in full.
5. Events of default: The Events of Default are:
(a) You fail to pay on the due date any minimum monthly payment due in respect of Your Account;
(b) You use all or any part of any drawing for any purpose other than to pay the premium on a Relevant Policy
or any associated charges;
(c) any of the following apply to You:
(i) You are insolvent or unable to pay Your debts under any applicable law or You suspend payments on any
of Your debts;
(ii) a statutory demand or bankruptcy petition or order is served on You;
(iii) an arrangement is approved in respect of You for a compromise of Your debts or You sign a trust deed for
the benefit of creditors;
(iv) You are dissolved, enter administration, moratorium or receivership or are wound-up; or
(v) any procedure or step is taken in any jurisdiction in respect of You which has a similar effect to those in (i)
to (iv) above;
(d) enforcement or execution or distress is levied or attempted against You or any of Your assets or income
including (without limitation) the appointment of a receiver or any procedure or step is taken in any
jurisdiction which has a similar effect;
(e) You fail to comply in any material respect with any of the terms of this Agreement;
(f) You are in material breach of any of the terms of any other agreement that You have entered into with Us or
any other Group Company;
(g) We consider, in Our reasonable discretion, that the security that You have granted to Us under this
Agreement is in jeopardy;
(h) You have given false information or have otherwise committed or assisted another person to commit fraud
in connection with this Agreement; or
(i) We reasonably consider that Our reputation would be at risk if We were to continue with this Agreement.
6. Remedies on default: If any Event of Default occurs and is continuing, and We give You at least fourteen
days notice in writing, then We may:
(a) declare that any Unpaid Amounts (including unpaid interest that has not yet been debited to Your account)
have become immediately due and payable to Us; and
(b) enforce the security that You have granted to Us.
7. Termination of the Agreement:
(a) We may end this Agreement at any time by giving You at least two months written notice.
(b) You (or the Broker acting on Your behalf) may end this Agreement at any time by giving written notice to Us.
(c) If We or You terminate this Agreement You must pay Us on or before the termination date any Unpaid
Amounts (including accrued interest which has not yet been debited to Your Account).
8. Set-off rights: We may set-off any amount due from You under this Agreement or under any other
agreement with Us or any other Group Company against any obligation that We owe to You. Any exercise
of Our right to set-off shall not limit or affect any other rights or remedies available to Us under this
Agreement.
9.
(a)
(i)
(ii)
(iii)
The Broker:
You authorise and instruct the Broker on Your behalf to:
submit any application for a drawing;
pay any drawing to the insurer to cover the cost of a premium payable under a Relevant Policy; and
arrange for any refund of premiums following cancellation of a Relevant Policy and any other amounts
payable to You in connection with a Relevant Policy to be paid to Us (and We will credit those amounts to
Your Account).
(b) You authorise Us to pay to the Broker on Your behalf any amount (including repayment of any interest and
charges on withdrawal) that We have to pay to You under this Agreement.
(c) The Broker has at Our request made arrangements for You to enter into this Agreement and You
acknowledge and agree that We may pay commission to the Broker. Nevertheless, the Broker has not
acted and does not act as Our agent in relation to this Agreement or the facility.
10. Variation:
(a) We may vary this Agreement with immediate effect (and will notify You in writing where We have done so)
to:
(i) reflect changes in Applicable Law or new industry guidance or codes of practice; or
(ii) vary the flat rate interest charge and the annual rate of interest if You request a further drawing or an
increase of an existing drawing or to reflect changes in the cost of providing Our services to You.
(b) If We give You at least seven days written notice We may vary this Agreement to:
(i) vary the facility fee if You request a further drawing or an increase of an existing drawing;
(ii) vary any charges to reflect changes in the cost of providing Our services to You;
(iii) correct an obvious error or make minor amendments to this Agreement that do not materially prejudice
Your rights under it; or
(iv) reflect an improvement to or extension of the scope of the services that We provide to You or any other
change to the services that is not detrimental to You.
(c) Where We agree to finance an increase in the insurance premium or associated charges, this may be
treated as a new drawing or an increase in an existing drawing.
11. Credit reference and fraud prevention agencies: To assess Your application, prevent fraud or money
laundering, We may: (i) use credit scoring and automated decision making systems; and (ii) search
records, which may be linked to persons with whom You are linked financially and record details relating
to You, at credit reference and fraud prevention agencies. We may add details of this Agreement and
payments, defaults or failures by You under it to Your record.
Credit reference and fraud prevention agencies keep records of enquiries and add details of Our search and
Your application to Your record. You can ask for the names of the credit reference and fraud prevention
agencies to whom We disclose information or from whom We have obtained information about You by
writing to Us or telephoning Us on 0870 990 7967
12. Information: You must promptly:
(a) provide Us with any information that We may reasonably request from You that is relevant to Our
assessment of Your creditworthiness; and
(b) inform Us without delay of any changes to Your contact details provided.
13. Transfer of rights and obligations: We may transfer all or any of Our rights and obligations under this
Agreement to any person, provided that We reasonably believe such transfer will not prejudice Your rights.
You may not assign or transfer Your rights or obligations under this Agreement without Our consent.
14. No waiver: Any failure by Us (whether continued or not) to insist upon strict compliance with any of the
terms of this Agreement will not affect Our ability to exercise Our rights in the future.
15. Governing law: This Agreement and any non contractual obligations arising out of or in connection with it
are governed by English law and both You and We submit to the non-exclusive jurisdiction of the English
courts in relation to any dispute in connection with this Agreement.
Important information
16. Right to repay early: You have the right under the CCA to repay amounts that You have borrowed under
this Agreement early in full or in part. If You wish to repay any amount early You must give Us notice by one
of the following methods: (i) by telephone on 0870 990 7967; (ii) by email to
[email protected] or (iii) by post or delivery of the notice to the above address. If You
do repay an amount early, We may recalculate the minimum monthly payment to ensure that drawings are
repaid over the time period originally agreed with You.
17. Right of action: You may be entitled to take action against the insurer under a Relevant Policy, the Broker
or Us if You have received unsatisfactory services paid for under this Agreement costing more than 100
and not more than 30,000. If the value of the services is more than 30,000 and less than 60,260 You
are entitled to take action against Us if You are unable to obtain redress from the insurer or the Broker.
18. Consumer Credit Act: If You are a company or a partnership consisting of four or more persons, You will
not benefit from protections under the CCA or the Consumer Credit Sourcebook of the Financial Conduct
Authority.
19. Complaints and requesting information: If You would like to make a complaint about Our services, in the
first instance, and to allow Us to resolve any problems, please telephone Us on 0870 990 7967, email Us at
[email protected] or write to Us at the address at the top of the front page. Our complaints
handling procedures can be obtained using any of the above details. If You feel the complaint has not been
satisfactorily resolved then, if You are not a business debtor, You have a right to complain to the Financial
Ombudsman Service. If You are a business debtor, You may have a right to complain to the Financial
Ombudsman Service. The Financial Ombudsman can be contacted on 0800 023 4567, or by writing to The
Financial Ombudsman Service, Exchange Tower, London E14 9SR or by email to
[email protected] or via their website at www.financial-ombudsman.org.uk. You
may ask for a copy of the information We hold about You by writing to Information Requests at the address
at the top of the front page. A 10.00 fee may be payable.
Regulator: The Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS
To receive this Agreement in an alternative format, please contact Us on 0870 990 7967 or email Us at [email protected]
GDC-08-01-15
R_PL_CS_STD_CA_A_B_0115
BfuBfVZVeCJdeJFu;FUJUwYZdeDfw:dwX
B500589175501
Email [email protected]
Mobile
Broker Address St James House, 24-43 Eastern Road, Romford, Essex, RM1 3NH
This Agreement and the Facility
References in this Agreement to We, Our and Us are to the Bank. References to You and Your are to the
Customer.
The main terms of this Agreement concerning the payments that You must make and Your rights under the Agreement
are set out on this page above the signature box. More detailed Conditions, which also form part of this Agreement, are
set out over the page.
This Agreement sets out the terms of a credit facility under which You, or the Broker on Your behalf, may request one
or more drawings to finance the purchase of insurance policies and any charges associated with those policies. You
authorise and instruct Us to forward the amount of each drawing to the Broker or the insurer under the policy being
financed. We will open an account in Your name to record the unpaid balance of all drawings, all interest and any charges
relating to the facility (the Account).
The facility has no fixed duration and, at the date of this Agreement, imposes no credit limit but We may apply a credit
limit by writing to You in advance.
Payments and repayments
You must make a minimum monthly payment to Us each month in respect of each drawing while You owe money under
this Agreement. We will determine the minimum monthly payment, which will be enough to repay each drawing (together
with any associated interest and charges) before the expiry of the insurance policy or policies it finances. We will write to
tell You what the minimum monthly payment is and the dates when it is due. We may notify You to revise the minimum
monthly payment and the dates when it is due each time there is a new drawing, a change in the insurance premium or
the charges being financed, or You make an overpayment or a partial early repayment. The total amount You must repay
in respect of Your first drawing of 926.83
under this Agreement is 1,098.29 , assuming You make all Your
minimum monthly payments on time. This amount includes any credit arrangement fee You may have been charged by
the Broker.
Interest and charges
We apply a flat rate interest charge on the amount of each drawing. The flat rate interest charge on the first drawing
under this Agreement will be 18.50% . The annual rate of interest is equal to the flat rate interest charge adjusted by the
portion of a year for which the drawing is outstanding. The annual rate of interest for the first drawing under this
Agreement is 24.67% , assuming that the drawing is repaid in 10 instalments starting on the first date when the
facility is available. We may notify You to vary the flat rate interest charge and the annual rate of interest in accordance
with Condition 10.
The APR under this agreement is 52.27% , based on the assumptions that: (i) You make a single drawing, which is
assumed to be 1,200, on the first date when the facility is available and any facility fee and credit arrangement fee is
calculated on the basis of a drawing of that amount; (ii) the drawing, interest charge and any facility fee are repaid in equal
monthly payments over a period of one year commencing one month after the date of the drawing; and (iii) interest is
charged at the annual rate of interest quoted above. Based on these assumptions, the total amount You would have
pay under this Agreement would be 1,496.04
The dates and amounts of payments assumed to calculate the annual rate of interest, the APR and the total amount
payable may not be the same as the dates and amounts of payments that apply to actual drawings under this Agreement.
The facility fee for the first drawing made under this Agreement will be 0
The Broker will have charged you a
credit arrangement fee of 0.00
for the arrangement of this drawing. You may be charged a facility fee and / or
a credit arrangement fee each time you make a new drawing or increase the amount of a drawing to finance an increase
in insurance premium.
Signature of Customer
Print Name
If one of the following events occurs, We may make the following charges (which We will debit from Your account
automatically):
(a) 30 if We do not receive any minimum monthly payment on time;
(b) 0
for each drawing if We end this Agreement for a reason set out in Condition 5;
(c) a fee of at least 25 if You ask to move back the date for any minimum monthly payment by more than 7 days;
(d) all reasonable management and administrative costs We incur in responding to and dealing with Your enquiries
relating to the administration of Your account, subject to any restrictions under (i) the Consumer Credit Act 1974
(CCA) and all regulations made under it; (ii) the rules of the Financial Conduct Authority and any other rules or
requirements of a relevant regulatory authority; and (iii) all other laws, rules and regulations as in force and
applicable to Our provision of credit under this Agreement (Applicable Law); and
(e) if You fail to make a minimum monthly payment or to pay any other amount on time, interest on the unpaid amount
until that amount is paid, calculated daily at the annual rate of interest applicable to the relevant drawing (determined
as described under Interest and charges).
Right to withdraw
You have the right under the CCA to withdraw from this Agreement without giving any reason before the end of a period
of 14 days beginning on the day after (a) where We send You an agreement signed by Us, the day on which You enter
into this Agreement or (b) where You sign an agreement that has not been signed by Us, the day on which You receive a
copy of this Agreement signed by Us. If You wish to withdraw You must give Us notice by one of the following methods:
(i) by telephone on 0870 990 7967; (ii) by email to [email protected]; or (iii) by post or delivery of the
notice to the above address. If You do give Us notice of withdrawal, You must repay to Us the amount of any drawing that
has been made without delay and in any event by no later than 30 days after the day on which You give US notice of
withdrawal. You will not be required to pay any interest or charges. If You withdraw from this Agreement leaving sums
outstanding We may notify credit reference agencies.
Missing payments
If You miss a payment You will incur extra charges, Your credit record may be affected and You may find it harder to
borrow again from Us or another lender. We may take steps to have Your insurance policy or policies terminated. We may
also take legal action against You.
Use of Your information
In order for Us and others to: (i) assess Your credit application; (ii) administer this Agreement and related transactions;
or (iii) comply with laws and regulations, undertake fraud prevention, debt recovery, statistical analysis or systems
development, You agree that We may use personal information about You and pass Your personal data to: (i) associated
companies within and outside the European Economic Area (EEA); (ii) third party service providers within and outside the
EEA; (iii) credit reference, law enforcement or fraud prevention agencies; and (iv) anyone acting on Your behalf and any
guarantor of this Agreement.
We and any other company in the Close Brothers Group plc group (Group Company ) may contact You in relation to
this Agreement by post, email, text message or phone. We may send You marketing information advising You of other
financial products and services offered by Us or a Group Company that may be of interest to You. You have the right at
any time to stop Us from contacting You. Please write to Us at the above address, email Us at
[email protected] or telephone Us on 0870 990 7967 if You want Us to stop or for more details.
Signature of Bank
Date
Customer acknowledgements
(a) These are Our standard terms and conditions on which We intend to rely. You should read this Agreement carefully
before signing it, together with any other documentation We have sent You. If You do not understand anything please
ask for further information or seek independent advice.
(b) If We do not receive a signed copy of this Agreement back from You (or satisfactory confirmation that You have signed
it), We will have no obligation to provide You with credit. If We withdraw Our offer to provide credit, any amounts paid
by Us to the Broker will be held by the Insurer on Our behalf and You authorise Us to repay any interest and charges
that We have collected from You to the Broker on Your behalf. Any insurance policy that was to be financed under this
Agreement may be at risk of being cancelled.
(c) Even if You do not sign and return a copy of this Agreement to Us or confirm that You have done so, We will regard
You as having accepted Our offer to provide credit to You on the terms set out in this Agreement if You permit the first
minimum monthly payment under the facility to be collected from Your bank account under the Direct Debit Instruction
that You have provided to Us.
FORM 9101
Date 26/05/2015
R_PL_CS_STD_CA_A_B_0115
Conditions
DocuSign
Envelope ID: 4F94610A-28ED-423F-98F9-DDC82AA8F066
1. Request for drawings: You may request credit under this Agreement by sending Your request to the
Broker. We may decline any such request. The amount of any request for credit in connection with the
policy being financed (such policy including any renewal, substitution or replacement of the policy, being a
Relevant Policy) will be debited to Your Account and We will pay it to the Broker or the insurer.
2. Minimum monthly payments: You must pay to Us by Direct Debit a minimum monthly payment as referred
to on the front page of this Agreement. We do not have to send You a separate demand. You must
maintain a Direct Debit Instruction in respect of the minimum monthly payment due for the duration of this
Agreement.
3. Security: As security for the payment of all present and future amounts, obligations and liabilities that You
owe to Us under or in connection with this Agreement (Unpaid Amounts), You:
(a) charge to Us by way of first fixed charge; and
(b) assign and agree to assign to Us by security, absolutely and unconditionally, all Your right, title and interest
at any time in and to the Relevant Policies, including (without limitation) all rights to and interest in (i) all
sums payable under Relevant Policies (including refunds and claims other than third party claims), and (ii)
the right to cancel and/or enforce the Relevant Policies.
In addition, for so long as there are Unpaid Amounts outstanding, You agree that You will:
(c) not create or allow to exist any security interest on, or in relation to, any Relevant Policy other than those
rights specifically given in Our favour;
(d) not assign or transfer any Relevant Policy to any other person;
(e) not cancel, vary, renew or replace any Relevant Policy without Our consent;
(f) not claim under any Relevant Policy without notifying Us in advance;
(g) not appoint a broker other than the Broker referred to on the front page of this Agreement without Our
consent;
(h) not do or allow anything to be done which might prejudice Our security over the Relevant Policies or
reduce the amount payable under any of them;
(i) ensure that any refund of premiums due in connection with a Relevant Policy is paid to Us (and We will
credit the refund to Your Account); and
(j) take whatever action We reasonably request to (i) perfect or protect the security created by this
Agreement, and (ii) enable the cancellation or enforcement of any Relevant Policies.
4. Enforcement of security: If, following any event or circumstance specified in Condition 5 (each an Event
of Default ), We decide to enforce the security, We (or the Broker acting on Our behalf) may take such
steps in relation to the Relevant Policies as are necessary to protect Us. These steps may include (but are
not limited to): (i) notifying Your insurer of Our interest in the Relevant Policies; (ii) cancelling any Relevant
Policy and applying any proceeds or refunds paid under it in or towards payment of the Unpaid Amounts;
(iii) taking steps to enforce any Relevant Policy; and (iv) taking possession of any Relevant Policy and
retaining it. This will mean that You do not receive any amounts paid in connection with the Relevant
Policies until We have been repaid in full.
5. Events of default: The Events of Default are:
(a) You fail to pay on the due date any minimum monthly payment due in respect of Your Account;
(b) You use all or any part of any drawing for any purpose other than to pay the premium on a Relevant Policy
or any associated charges;
(c) any of the following apply to You:
(i) You are insolvent or unable to pay Your debts under any applicable law or You suspend payments on any
of Your debts;
(ii) a statutory demand or bankruptcy petition or order is served on You;
(iii) an arrangement is approved in respect of You for a compromise of Your debts or You sign a trust deed for
the benefit of creditors;
(iv) You are dissolved, enter administration, moratorium or receivership or are wound-up; or
(v) any procedure or step is taken in any jurisdiction in respect of You which has a similar effect to those in (i)
to (iv) above;
(d) enforcement or execution or distress is levied or attempted against You or any of Your assets or income
including (without limitation) the appointment of a receiver or any procedure or step is taken in any
jurisdiction which has a similar effect;
(e) You fail to comply in any material respect with any of the terms of this Agreement;
(f) You are in material breach of any of the terms of any other agreement that You have entered into with Us or
any other Group Company;
(g) We consider, in Our reasonable discretion, that the security that You have granted to Us under this
Agreement is in jeopardy;
(h) You have given false information or have otherwise committed or assisted another person to commit fraud
in connection with this Agreement; or
(i) We reasonably consider that Our reputation would be at risk if We were to continue with this Agreement.
6. Remedies on default: If any Event of Default occurs and is continuing, and We give You at least fourteen
days notice in writing, then We may:
(a) declare that any Unpaid Amounts (including unpaid interest that has not yet been debited to Your account)
have become immediately due and payable to Us; and
(b) enforce the security that You have granted to Us.
7. Termination of the Agreement:
(a) We may end this Agreement at any time by giving You at least two months written notice.
(b) You (or the Broker acting on Your behalf) may end this Agreement at any time by giving written notice to Us.
(c) If We or You terminate this Agreement You must pay Us on or before the termination date any Unpaid
Amounts (including accrued interest which has not yet been debited to Your Account).
8. Set-off rights: We may set-off any amount due from You under this Agreement or under any other
agreement with Us or any other Group Company against any obligation that We owe to You. Any exercise
of Our right to set-off shall not limit or affect any other rights or remedies available to Us under this
Agreement.
9.
(a)
(i)
(ii)
(iii)
The Broker:
You authorise and instruct the Broker on Your behalf to:
submit any application for a drawing;
pay any drawing to the insurer to cover the cost of a premium payable under a Relevant Policy; and
arrange for any refund of premiums following cancellation of a Relevant Policy and any other amounts
payable to You in connection with a Relevant Policy to be paid to Us (and We will credit those amounts to
Your Account).
(b) You authorise Us to pay to the Broker on Your behalf any amount (including repayment of any interest and
charges on withdrawal) that We have to pay to You under this Agreement.
(c) The Broker has at Our request made arrangements for You to enter into this Agreement and You
acknowledge and agree that We may pay commission to the Broker. Nevertheless, the Broker has not
acted and does not act as Our agent in relation to this Agreement or the facility.
10. Variation:
(a) We may vary this Agreement with immediate effect (and will notify You in writing where We have done so)
to:
(i) reflect changes in Applicable Law or new industry guidance or codes of practice; or
(ii) vary the flat rate interest charge and the annual rate of interest if You request a further drawing or an
increase of an existing drawing or to reflect changes in the cost of providing Our services to You.
(b) If We give You at least seven days written notice We may vary this Agreement to:
(i) vary the facility fee if You request a further drawing or an increase of an existing drawing;
(ii) vary any charges to reflect changes in the cost of providing Our services to You;
(iii) correct an obvious error or make minor amendments to this Agreement that do not materially prejudice
Your rights under it; or
(iv) reflect an improvement to or extension of the scope of the services that We provide to You or any other
change to the services that is not detrimental to You.
(c) Where We agree to finance an increase in the insurance premium or associated charges, this may be
treated as a new drawing or an increase in an existing drawing.
11. Credit reference and fraud prevention agencies: To assess Your application, prevent fraud or money
laundering, We may: (i) use credit scoring and automated decision making systems; and (ii) search
records, which may be linked to persons with whom You are linked financially and record details relating
to You, at credit reference and fraud prevention agencies. We may add details of this Agreement and
payments, defaults or failures by You under it to Your record.
Credit reference and fraud prevention agencies keep records of enquiries and add details of Our search and
Your application to Your record. You can ask for the names of the credit reference and fraud prevention
agencies to whom We disclose information or from whom We have obtained information about You by
writing to Us or telephoning Us on 0870 990 7967
12. Information: You must promptly:
(a) provide Us with any information that We may reasonably request from You that is relevant to Our
assessment of Your creditworthiness; and
(b) inform Us without delay of any changes to Your contact details provided.
13. Transfer of rights and obligations: We may transfer all or any of Our rights and obligations under this
Agreement to any person, provided that We reasonably believe such transfer will not prejudice Your rights.
You may not assign or transfer Your rights or obligations under this Agreement without Our consent.
14. No waiver: Any failure by Us (whether continued or not) to insist upon strict compliance with any of the
terms of this Agreement will not affect Our ability to exercise Our rights in the future.
15. Governing law: This Agreement and any non contractual obligations arising out of or in connection with it
are governed by English law and both You and We submit to the non-exclusive jurisdiction of the English
courts in relation to any dispute in connection with this Agreement.
Important information
16. Right to repay early: You have the right under the CCA to repay amounts that You have borrowed under
this Agreement early in full or in part. If You wish to repay any amount early You must give Us notice by one
of the following methods: (i) by telephone on 0870 990 7967; (ii) by email to
[email protected] or (iii) by post or delivery of the notice to the above address. If You
do repay an amount early, We may recalculate the minimum monthly payment to ensure that drawings are
repaid over the time period originally agreed with You.
17. Right of action: You may be entitled to take action against the insurer under a Relevant Policy, the Broker
or Us if You have received unsatisfactory services paid for under this Agreement costing more than 100
and not more than 30,000. If the value of the services is more than 30,000 and less than 60,260 You
are entitled to take action against Us if You are unable to obtain redress from the insurer or the Broker.
18. Consumer Credit Act: If You are a company or a partnership consisting of four or more persons, You will
not benefit from protections under the CCA or the Consumer Credit Sourcebook of the Financial Conduct
Authority.
19. Complaints and requesting information: If You would like to make a complaint about Our services, in the
first instance, and to allow Us to resolve any problems, please telephone Us on 0870 990 7967, email Us at
[email protected] or write to Us at the address at the top of the front page. Our complaints
handling procedures can be obtained using any of the above details. If You feel the complaint has not been
satisfactorily resolved then, if You are not a business debtor, You have a right to complain to the Financial
Ombudsman Service. If You are a business debtor, You may have a right to complain to the Financial
Ombudsman Service. The Financial Ombudsman can be contacted on 0800 023 4567, or by writing to The
Financial Ombudsman Service, Exchange Tower, London E14 9SR or by email to
[email protected] or via their website at www.financial-ombudsman.org.uk. You
may ask for a copy of the information We hold about You by writing to Information Requests at the address
at the top of the front page. A 10.00 fee may be payable.
Regulator: The Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS
To receive this Agreement in an alternative format, please contact Us on 0870 990 7967 or email Us at [email protected]
GDC-08-01-15
R_PL_CS_STD_CA_A_B_0115