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As a result of the Financial Services (Distance Marketing) Regulations 2004 you have the right to cancel any credit agreement that is completed by means of distance communication. The loan you have arranged with Creation Consumer Finance through Peter Tyson t/a Home DJ is an agreement completed solely by means of distance communication and the cancellation rights therefore apply to this loan. The cancellation period will only commence once you have signed, dated and returned the agreement to Peter Tyson t/a Home DJ. You will then have the right to cancel this agreement for a period of 14 days from the day after the agreement is made by Peter Tyson t/a Home DJ on behalf of Creation Consumer Finance. Should you wish to exercise your right to cancel the agreement during the 14-day period, please advise Creation Consumer Financer of your request to cancel the agreement by writing to: Creation Consumer Finance Should you have any queries please do not hesitate to call Creation Consumer Finance Customer Services on Telephone: 0870 1780148 Fax: 02890 260918 1. By this agreement made between you, the Customer named above, and ourselves, we Creation Consumer Finance, agree to lend you and you agree to borrow from us the Total amount of Credit less any deposit on the terms set out in both the Key Financial Information and Other Financial Information above and our terms and conditions detailed herein. 2. (a) You shall on the signing of this agreement pay the deposit(s) (if any) and you shall pay us the instalments on the dates specified in the Key Financial Information. Punctual time of payment, and compliance with your other obligations, is of the essence of this agreement. Unless otherwise specified in this agreement, all instalments must be paid by direct debit. You shall pay the administration fee specified in the Other Financial Information (if any) in full as part of your first instalment and / or your final instalment. 3. (a) If you fail to make any payment under this agreement by its due date, then, in addition to our other rights, we may charge default interest from the due date until the date of actual payment at the rate of interest specified in the Other Financial Information. 4. The balance of the Total amount payable (less any applicable rebate) together with all accrued interest (if any) and other sums payable under this agreement (if any) shall be immediately due and payable after expiry of proper notice if: 5. This agreement shall be dated on and become effective and binding on the parties from the date of our signature. 6. You shall notify us in writing of any change in your address as specified in the application no later than 5 days after such change. 7. If we grant any time or other indulgence to you or to delay enforcing our rights this shall not amount to a waiver by us of our rights or of any breach of this agreement by you and shall not prevent us thereafter from relying upon our strict rights under this agreement. 8. Any payments made by post to us are at your own risk. This clause does not amount to a waiver of your obligation to pay by direct debit where you are so obliged by this agreement. 9. Any notice or demand under this agreement shall be deemed to be properly served by us if delivered to or sent to you by pre-paid post addressed to you at your last known address. Any notice served by you on us or our agents shall be delivered or sent by pre-paid post to our address set out in Parties to the Agreement or as specified in the relevant prescribed form. 10. We may assign or securitise any of our rights under this agreement and/or any amounts owing under this agreement without notice to you (where upon references herein to we, us and our shall to the extent of the assignment be read and construed as a reference to the assignee). 11. Where this agreement is used to purchase optional payment protection insurance you agree and acknowledge that: 12. Without prejudice to any other rights or remedies available to you under this agreement, we shall be entitled and you hereby authorise us, to deduct the amount of any sum due and owing by you to us, from any amount then due from us (or any member of our group of companies) to you in respect of salary or voluntary selective severance payment, to the extent that this remedy is available in law. 13. You irrevocably authorise us to pay the Amount of Credit (Goods) on your behalf directly to the supplier. 14. (a) In considering your application for a loan we will search the files of one or more credit reference agencies. They will add to your file, details of our search and your application and this will be seen by other search organisations. We will use a credit scoring or other automated decision making system together with credit reference agency searches when assessing your application. We will make use of information relating to you and to individuals linked to you by a financial association. We will also add to your file at the credit reference agency details of this agreement, the payments you make under it, any default or failure to keep to its terms (and any changes of address you fail to tell us about when an instalment is overdue). It is important that you give us accurate information. We will check your details and those of your financial associates with the Fraud Prevention Agencies and if you give us false or inaccurate information and we suspect fraud we will record this; 15. Telephone calls between you and us in connection with this agreement may be monitored or recorded for the purposes of maintaining and improving our service standards or for training our staff. 16. You hereby acknowledge that prior to making this agreement you are made aware and understand the cash price of the goods and/or services. 17. This agreement shall be covered by and construed in accordance with English law. |


