Terms & Conditions
In these Terms and Conditions, the words "you" and "your" refer to the Debtor who has signed the Fixed Sum Agreement. The "Agreement" from here on will be defined to include the Terms and Conditions that follow below, together with the loan particulars set out in any Fixed Sum Loan Agreement between you and us. The words "we", "us" and "our" refer to the Creditor, Fortress Group UK Ltd. Fortress House, Skyliner Way, Bury St Edmunds , IP32 7YA. All other defined terms shall, unless otherwise stated, have the same meaning as the terms used in the Fixed Sum Loan Agreement.
Section 1 - Your obligations under the fixed term credit agreement
- 1.1 You confirm that:
- 1.1.1 Employment
- Your last payday was within 1 month prior to the date of your loan application.
- You have no reason to believe that your future salary payments will not be paid to you on or before the Due Date in your agreement. The payment will be made into the bank account ("the Account") specified by you in your loan application.
- You confirm that you are not under notice of redundancy and have no intention of leaving your current employment.
- 1.1.2 Banking and Debit Cards
- If the Account specified in your application is a joint bank account, you have individual, full and unrestricted authority to nominate such Account and your Debit Card for the purposes of these Terms and Conditions.
- You will inform us within 7 days of any changes to your name, address, telephone number(s), email address, employment, bank or debit card details or of any other changes which may impact on your ability to make repayments in accordance with the loan agreement.
- If we reasonably expect fraud after the agreement is executed we may, without notice, attempt to collect from your debit card the Capital lent.
- The bank account details you provided are the account in to which your salary or wages are paid.
- The Debit Card (details provided) operates in conjunction with the bank account details in your application.
- 1.1.3 Miscellaneous
- You have provided us with complete and accurate information. Any false information will be viewed as fraudulent and may lead to criminal prosecution. If we suspect or discover that the information given to us which forms part of this agreement or the decision to offer credit is incorrect or fraudulent before funds are advanced we may at our discretion void the agreement or make a lower offer of advance. All decisions to offer finance are at our total discretion.
- You are fully able to repay this loan. As a responsible lenders we do not want to put any individual in to financial difficulties .
- You are not currently in or planning to enter into a debt management programme, an IVA or intend applying for bankruptcy.
- 1.2 You agree that the Account will contain sufficient funds available on the Due Date in order to meet your obligation to pay the amounts you owe us. You must pay us the amounts due on the Due Date. We may collect sums due under this loan agreement by application of Debit Card or Direct Debit.
- 1.3 You authorise us to debit the amounts payable by you on the Due Date and any other fees that you may incur under this Agreement to any debit card nominated by you in your loan application. If at any stage in the future we decide to change to a Direct Debit collection system you agree either to repay the loan in full on the next due date or complete a direct debit mandate allowing us to set up a direct debit instruction on your bank account.
- 1.4 When we make the decision to lend to you we believe and trust that you are able and willing to make your payment on the due date. However, if you do not keep to your part of the agreement, for whatever reason, this section clearly outlines how we will attempt to recover monies owed to us. Please read it carefully so you fully understand when collection attempts will be made on your debit card and when to expect that money may leave your account.
- 1.4.1 If the first collection attempt on your Due Date fails we will make a maximum of six further collection attempts at various times during that day. If we collect the full amount due via one of the attempts made on that date you will avoid any default charges for late payment. We may choose as part of our six further collection attempts to collect interest only or capital only (following successful collection of interest).
- 1.4.2 If you are unable to make your payment on the Due Date you must contact us to let us know and arrange an alternate repayment schedule.
- 1.4.3 In the event that we cannot recover the amount owed on the Due Date and have not established an alternative repayment schedule with you, we will continue to make further collection attempts to recover the monies owed to us under the agreement. We will make those attempts for a period of 7 consecutive days after the Due Date and thereafter on each Friday, the 15th and 20th of each month, the second to last working day and the last working day in a given calendar month. Where one of these dates falls on a weekend or public holiday we will attempt to collect on the closest working day prior to that date. We will make a maximum of four collection attempts during each day we collect. We may choose as part of these four collection attempts to collect amounts equal to 1) capital plus interest plus a £12.00 late payment charge plus any accrued default interest; 2) capital plus interest plus a £12.00 late payment charge; 3) accrued default interest only; or 4) interest plus a £12.00 late payment charge only; or 5) capital only. In no event will your loan accrue more than 60 days of default interest after the Due Date.
- 1.4.4 If we agree to a payment plan with you and you do not make any of the agreed payments, we will continue further collection attempts in accordance with clause 1.4.3 unless we agree to alter the plan.
- 1.5 Once your Agreement is signed by entering your name and unique code, we will either approve or deny the advance of the Amount of Credit to you. If the loan is approved, the Agreement will be signed by us and concluded. Your obligations under this Agreement commence on the day that we sign this Agreement. We will contact you to let you know the Agreement is in force.
- 1.6 You will receive your loan usually within three (3) working days of the funds being deposited. However, if you wish you may elect to have the loan transferred by a guaranteed same day payment but you will have to pay an extra £5 in additional banking and administration charges to choose this option and this sum will be deducted directly from your loan amount before transfer (so, for example if you borrow £100 but opt for the same day payment you will only receive £95. We can also offer a guaranteed Next Working Day transfer for £3 to be taken in the same way.
Section 2 - Withdrawal from the fixed sum agreement
- 2.1 You have the right to withdraw from this loan agreement. Details of how to do this will be contained in the Loan Agreement.
Section 3 - Extensions
- 3.1 It may be possible to extend the Repayment of the Loan if you are unable to repay the Loan in full on the Due Date. If you extend your loan you will pay just the interest on this date and then pay the capital plus a further months interest on your following payday. You can arrange this by either logging onto your account on the web site or by contacting the customer services department by calling 01284 717810, or by e mail to defer@1monthloan.co.uk by 12 noon the working day before the due date. It is at our absolute discretion whether we accept the extension.
- 3.2 As a responsible lender Fortress Group is committed to help you clear your loan and therefore will not allow you to extend it indefinitely. The maximum number of 100% extensions we will allow is 5, after which you will need to reduce the capital owed each subsequent extension by no less than 10% of the initial Capital borrowed.
- 3.3 If extending your loan in accordance with clause 3.2 is not practical we may, at our discretion, allow you to extend 100% of your loan longer than 5 times. This will require you to talk to one of our loan team and agree an acceptable repayment structure for your loan.
- 3.4 As a responsible lender we will not allow you to 'roll up' interest into your extension loan. If, however, you have decided to repay your loan in full, but we are only able to collect the interest amount we may, at our discretion, and as long as we feel that it is in your best interest, extend your loan for you for another month to avoid you incurring charges. If we do this we will email you, and you will need to sign the loan agreement. Failing to do this will mean we place your account back in default, and charges will then be applied under the original loan agreement. If we extend your loan we will endeavour to calculate your next pay date from the information available. Where this is not possible we will extend it for a maximum of 31 days.
- 3.5 You should be aware that extending your loan will cost you more in interest in the long term and therefore any capital you can afford to repay along with the interest will save you money.
- 3.6 Extensions are normally only available to customers who arrange them BEFORE the loan is due. If you feel you will be unable to repay your loan in full on the due date please ensure that you ask for an extension before your loan is due.
Section 4 - Default under the fixed sum agreement
- 4.1 You will be in default under this Agreement if you do not pay us the Total Amount Payable (the money you owe us) on the Due Date in accordance with this Agreement.
- 4.2 Subject to our obligations under the Consumer Credit Act 1974, all amounts owed by you under this Agreement, including interest, default charges and the Loan Amount, will become due and payable. Also we may exercise our rights to enforce this Agreement, including by commencing court proceedings in which case you may be liable for our reasonable costs as described in this Fixed Sum Loan Agreement.
- 4.3 Default interest will be charged daily at a maximum rate of 30% per 30 day period on amounts unpaid on the Due Date and additional fees as stated in this agreement (including both before and after a judgement has been obtained against you).
- 4.4 You give us the right to assign your debt to a third party. If we decide to transfer or sell all or any part of this debt to a third party they will have the same rights in respect of recovering the debt as we have under this loan agreement and the Consumer Credit act. The third party will then assume the role of the creditor in this agreement. References to "we", "us" and "our" within these terms and conditions will be conveyed to the third party concerned.
- 4.5 You agree to pay us our reasonable legal and other costs for enforcing this agreement, including any payable to third parties acting on our behalf.
- 4.6 All payments received under this agreement will be allocated firstly to default charges, the default interest, then loan interest, and finally to loan capital.
Section 5 - Miscellaneous
- 5.1 Your obligations under this Agreement are unsecured.
- 5.2 You can prepay the loan anytime. Details of how to do this are contained in this Loan Agreement.
- 5.3 We reserve the right to change these Terms and Conditions at any time upon giving you reasonable notice at least 7 days in advance. We will communicate to you such changes as per the requirements of any applicable law and will apply such changes in accordance with the requirements of any such law.
- 5.4 We are committed to a fast response in all our communications with you. To enable us to achieve this we will use electronic means of communication via our website, email, telephone or SMS using the information supplied by you in your application. You agree to accept communications by these means including voice and text messages and are aware that these communications may contain personal details about you and your loan. You agree to indemnify us against the disclosure of your personal or loan data if you share your email, voicemail or text facility with anyone else or they have access to it. You will notify us within seven (7) days if you change your email address, or you cease to have a valid email address. (See 1.1.3 above)
- 5.5 The documents on our website (www.1monthloan.co.uk) entitled "Web Site Terms of Use", "Data Collection Statement" and "Privacy Policy" all form part of these Terms and Conditions. Your electronic signature of the loan agreement confirms that all terms and conditions (including those mentioned in 5.5 here) have been read in full, understood and accepted by you.
- 5.6 Should it become necessary to send any notice or demand, it will be assumed to have been properly given if:
- it is served on you personally
- sent by email to the address supplied in the application or an updated email (if applicable)
- 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 5 business days after posting.
- 5.7 We may transfer all or any of our rights under this Agreement without your consent.
- 5.8 Each item in these terms and conditions and this loan agreement is an exclusive clause. If any clause is challenged in a court of law and found to be unenforceable all other clauses remain legally binding.
- 5.9 We will notify you when funds are being transferred to you. For your own protection we advise you not to commit any funds under this agreement until they are received into your nominated account. We accept no liabilities for any cost or other inconvenience resulting for any delays.
- 5.10 All sums due under this agreement shall become due and payable immediately upon us giving notice:
- a statutory demand is served on you; or
- any steps are taken by you or any other person to make you bankrupt; or
- any steps are taken by you to enter an IVA; or
- - any steps are taken by you to enter a Debt Management plan.
- 5.11 You should be aware of the possibility that other taxes and costs may exist in addition to the sums referred to in this loan agreement which are not a condition of the loan or imposed by us.
- 5.12 As part of the loan process, you allow that we may contact you at your place of work. This can be either through the number you provided, or the business's main number. We will not disclose any details of your loan to the business.
Section 6 - Regulatory information
- 1 Month Loan is a trading name of Fortress Group UK Ltd. Fortress House, Skyliner Way, Bury St Edmunds, IP32 7YA. Our main business is consumer lending. Company Registration no: 05041905
- Fortress Group (UK) Ltd. is licensed in the UK by the Office of Fair Trading in accordance with the Consumer Credit Act 1974 for the conduct of consumer credit business with the trading name '1 Month Loan'. Our Consumer Credit Licence Number is 594425. We are registered with the Information Commissioner for data protection purposes, registration number Z8907456
Section 7 - Complaints
- If you have a complaint, please contact us at info@1monthloan.co.uk and we will investigate your complaint. We will attempt to resolve your complaint within 8 weeks in accordance with our internal complaints handling procedures, the details of which may be viewed and downloaded from our website, www.1monthloan.co.uk. If you are not satisfied with our suggested resolution, or if eight weeks have passed since you first brought your complaint to our attention, you have the right to refer your complaint to the Financial Ombudsman Service. If you want the Financial Ombudsman Service to look into your complaint, you must contact them within six months of the date of any final response issued. You can write to them at:
- The Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR
- Alternatively you can phone the Financial Ombudsman at 0845 080 1800. Further information can be obtained from visiting the Financial Ombudsman Service website at www.financial-ombudsman.org.uk
Section 8 - Jurisdiction
- English law is taken by us as a basis for the establishment of relations with you prior to the conclusion of this Agreement, and governs this Agreement. The contractual terms and conditions, and any prior information, are in English. You agree that we will communicate with you in English during the duration of this Agreement. This Agreement shall be construed according to the laws of England and Wales whose courts shall be the exclusive courts of jurisdiction over any claim or matter arising under or in connection with this Agreement.
Section 9 - Responsible lending
- 1 Month Loan is committed to responsible lending. As part of our adherence to this policy, we will only lend an amount of credit that we are reasonably satisfied that you are able to repay on your payday, including any charges. We consider each lending decision individually on the basis of what we know about your circumstances and your credit and repayment history. We strictly observe the requirement to undertake due diligence on all our customers, this means we will not complete any transaction and pay out funds until we are sure we know who you are.
- We operate a transparent, fixed charging policy.
- There are no hidden fees or charges, so you know how much you will repay before committing to the loan. Details of our charges are in your agreement and you can contact us on 01284 717810 or find information on our website regarding charges.
- We comply with the requirements of the Consumer Credit Act 1974, the Data Protection Act 1998 and the Money Laundering Regulations.
Section 10 - Data protection
- The information we collect is used by us to manage your account and to make collections. It is also used to contact consumers for marketing purposes. It is disclosed by us when legally required to do so at the request of government authorities conducting an investigation. We also use it to verify or enforce compliance with the policies governing our web site and applicable laws or to protect against misuse or unauthorised use of our web site. Further information about our use of your personal data is in our privacy policy at our privacy policy page.
- We use credit reference agencies as part of our decision making process. Please read carefully the following information:
- For full written details of how your data may be used by credit reference agencies, please contact the agencies below (they may charge you a small statutory fee):
- Call Credit, Consumer Services Team, PO Box 491, Leeds LS3 1WZ
or call 0870 060 1414, or visit www.callcredit.co.uk
- Equifax Plc, Credit File Advice Centre, PO Box 3001, Bradford BD1 5US
or call 0870 010 0583 or visit www.myequifax.co.uk.
- Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF
or call 0870 241 6212, or visit www.experian.co.uk.
- Teletrack UK Limited, 2 St John's Street, Colchester, Essex, CO2 7AA
- If we transfer, change or assign this agreement to a third party or if we use a third party to manage any aspect of this agreement, we will pass your information to them.
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Important - Your Personal Information |
Credit decisions and also the prevention of fraud and money laundering
We may use credit reference and fraud prevention agencies to help us make decisions. A short guide to what we do and how both we and credit reference and fraud prevention agencies will use your information is detailed in the section called: A condensed guide to the use of your personal information by ourselves and at Credit Reference and Fraud Prevention Agencies.
If you would like to read the full details of how your data may be used please visit our website at www.1monthloan.co.uk or email us at: info@1monthloan.co.uk
The information we collect is used by us to manage your account and to make collections; it is also used to contact consumers for marketing purposes; it is disclosed by us when legally required to do so at the request of government authorities conducting an investigation; we also use it to verify or enforce compliance with the policies governing our web site and applicable laws or to protect against misuse or unauthorised use of our web site.
By ticking the box in the application, you are confirming your agreement to proceed and you are accepting that we may each use your information in this way
- END OF TERMS AND CONDITIONS -