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 - 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
- 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 - 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
Finance of your request to cancel the agreement by writing
to:
Creation Consumer Finance
6th Floor, Royston House
34 Upper Queen Street
Belfast
BT1 6FD
Should you have any queries please do not hesitate to
call Creation Consumer Finance Customer Services on
Telephone: 0870 1780148 Fax: 02890 260918
6 the Floor, Royston House, 34 Upper Queen Street, Belfast,
BT1 6FD
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.
(b) During the currency of this agreement, you must not
suffer any bankruptcy petition to be presented against you,
or execution to be levied against any of your assets, nor
shall you enter into any arrangement or composition with
your creditors without our express consent.
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:
(a) You fail to pay any instalment(s) by the due date;
(b) You breach any terms of this agreement;
(c) Any information provided by you before entering into
this agreement proves materially incorrect.
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:
(a) We or the supplier of the goods or services the purchase
of which is financed by this agreement, shall be entitled
to supply the insurer or insurance broker any information
concerning you which is relevant to the insurance or which
the insurer or insurance broker may ask for and you hereby
authorise us to approach any person to obtain this information;
(b) If monies become payable by the insurer we shall be
entitled to receive these from the insurer on your behalf
and to give a good discharge thereof. We shall be entitled
to keep the monies paid by the insurer as satisfaction of
payment of any instalments due and/or other payments payable
and due under this agreement;
(c) In the event of early settlement of this agreement,
the insurance will immediately and without notice terminate.
Details of the amount of premium refund due are provided
in the policy information given to you before conclusion
of the contract of insurance;
(d) Life assurance cover only is effective from the date
of the agreement; all other insurance cover is not effective
until your payments under this agreement commence;
(e) You agree to the payment protection premium specified
in the Other Financial Information and we are authorised
to pay the Payment Protection premium to the relevant insurers.
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;
(b) Your information may be shared with Creation Consumer
Finance and affiliated companies or anyone who introduced
you to us including any insurers of your obligations under
this agreement and may be used by us and them to manage
the provision of products and services requested by you
now or in the future; help make decisions about credit and
credit related services such as insurance for you and members
of your household; trace debtors, recover debt, prevent
money laundering and fraud, allow other products or services
be offered which may be of interest to you or appropriate
to your needs; and carry out research. We or they may send
you, telephone you or email you about services and products
and/or services of carefully selected third parties, which
we feel from the
information we hold about you may interest you. If you would
prefer not to receive such information please write to us
at Creation Consumer Finance Marketing Department, 6th Floor
Royston House, 34 Upper Queen Street, Belfast BT1 6FD. We
retain your information for up to 6 years for the purpose
of sending you such information;
(c) For the purposes set out in clauses 14 (a) and (b) we
or the other organisations referred to in those clauses
may make further searches or checks with credit reference
agencies and fraud prevention agencies. Although these searches
will be added to your record they will not be shared with
others. The credit reference agencies and fraud prevention
agencies will also use the records for statistical analysis
about credit insurance and fraud. Please telephone us on
0870 1780148 if you want to leave details of those credit
reference agencies and fraud prevention agencies from whom
we can obtain and to whom we pass information about you.
You have a right also to receive a copy of the information
we hold about you if you apply to us in writing and a fee
will be payable.
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.