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 grant us permission to contact your employer (as specified by you in the form entitled "Employment Information") at any time as may be reasonably required by us. Should you not repay the loan you confirm that we may contact your employer in order to arrange for the repayment of the loan at a rate of no more than 10% of the monthly or weekly wage and you give consent for Us to disclose the loan to your employer.

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

You grant us permission to take a pre-authorisation on your Debit Card for the value of the Interest on Loan two days before the Due Date however the funds will not be taken until the loan is due under these terms and conditions.

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, 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.

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.

From time to time we may decide to use a Direct Debit transaction to take funds from your account rather than your Debit Card. If we decide to do this we will take no more than we would be entitled to using your Debit Card. You agree to us setting up a electronic Direct Debit on your account at any time and then using this to take the funds owed to us when they become due under this agreement. If we are unable to take funds we may present the Direct Debit request as often as we wish until the total outstanding is taken. We will not be responsible for and charges made to you by your bank following a failed Direct Debit transaction unless we have acted outside this agreement. The direct debit guarantee is shown at the end of these terms and conditions.

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 in to a debt management programme, an IVA or intend applying for bankruptcy.

should you enter a debt management programme within 31 days of taking this loan or before this loan is fully repaid the loan, interest and any fees outstanding will be paid immediately and in full. Your loan with us falls outside the scope of any debt management programme.

you will notify us immediately of any change of email address or telephone numbers.

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. Should the due date fall on a weekend or an English Public Holiday we will then collect the funds on the working day before 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 or any other method ("Debit Card"). Any information entered on applications to any of our other brands may also be used for collection of this loan and any associated fees. Unless otherwise provided in this Agreement, all payments will be applied first to default fees payable under conditions of default, interest charges due under this Agreement and then to the Loan Amount.

1.4 If a debit is returned unpaid for any reason when we first present it for payment, we may represent the debit for payment on Debit Card until we receive the Total Amount Payable under this Agreement. Unless we agree otherwise, if you do not pay the Total Amount Payable in accordance with this Agreement, you will incur default charges and other charges as specified in the loan particulars of this Agreement. You agree that we may also collect any such charges by way of a debit to Debit Card. The authority given by you to debit your Debit Card for the purposes of this Agreement is to remain in full force and effect until your obligations to us under this Agreement are fully satisfied.

1.5 If you decide to prepay your obligations partially or in full before the Due Date, you may do so by contacting us. Any payments that you make will first be applied to the interest charges, second to any default charges and other charges you incur under this Agreement and then to the Loan Amount.

1.6 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.

1.7 Where delays to payment of the Amount of Credit occur due to:

our underwriting process

our Processing Errors

our bank

"acts of God" and/or

"acts of terrorism"

We shall notify you of the delay by electronic means. You will have the option to cancel this Agreement, without incurring any additional fees or charges. To do so, you must notify us, no later than 19:00 UK Time on the next business day immediately following notification that you wish to cancel this Agreement. Failure to notify us in accordance with this clause will deem you to accept the delay and keep the loan agreement in force.

1.8 In the event that we receive notification from you in accordance with the terms of condition 1.7 but prior to the Loan Amount being credited to your nominated bank account, we will not debit your bank account or Debit Card, and both your obligations and our obligations under this Agreement will be terminated.

1.9 In the event that we receive notification from you in accordance with the terms of condition 1.7 but after the Loan Amount has been credited to your nominated bank account, we will debit the Loan Amount from the Debit Card or by Direct Debit from your bank account. If we receive payment of the Loan Amount when we debit the Debit Card or Direct Debit your bank account, both our obligations and your obligations under this Agreement will be terminated. Failing this, this Loan Agreement will remain in full force and effect.

1.10 You will receive your loan usually within 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 £25 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 £75.

1.11 You authorise us to collect any monies owed under the agreement from any debit card that you have supplied the details of. We may make these attempts as frequently and at any time we chose while there is a balance on your loan account after the due date. Once the total amount received equals the total amount owed the loan will be deemed to be fully repaid. We do not have to give notice of these intended collection attempts.

SECTION 2 CANCELLATION OF THE FIXED SUM AGREEMENT

2.1 You have the right, under the Financial Services (Distance Marketing) Regulations 2004, to cancel this Agreement, within a period of 14 days beginning with the day after this Agreement is concluded ("Cancellation Period"). To exercise this right you must give us notice in writing or any other durable medium accessible to us, at the following address: Fortress Group UK Ltd. Fortress House, Skyliner Way, Bury St Edmunds, IP32 7YA. Notification by phone must be made by calling 01284 717810. Notifications by Fax must be made to 01284 717833. Notifications by email must be made to info@1monthloan.co.uk

2.2 In the event that any such notification is made after the payment by us of the advance to you under this Agreement, you will be required to repay the amount of the advance to us in full, together with an administration fee of £25.

2.3 Your right to cancel this Agreement will be lost if you do not exercise the right within the Cancellation Period specified above.

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. 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.

3.2 As a responsible lender we can only allow you to extend your loan by 4 consecutive periods by transferring the capital into a new loan and only collecting the interest each month. After this time you will either need to repay the loan in full or contact us to arrange a repayment plan which will reduce the outstanding debt over subsequent periods.

3.3 If you choose to extend your loan, we may, at our discretion, accept the extension request even if you have not signed the loan agreement by transferring the signature from your current loan. You should however sign the loan agreement to ensure that we will accept it. If you request to extend but then decide you would rather pay the loan back in full you must contact us, by telephone, the working day before to cancel the extension. Do not assume that as it is unsigned by you that your loan will not be extended.

3.4 If we fail to collect the Total Amount Payable on the Due Date, we shall attempt to collect the interest amount only. Should we manage to collect the Interest Due under the terms of the contract we shall treat the outstanding balance as a loan to the assumed next Pay Date and charge interest on this period as per the Fixed Sum Credit Agreement. You will receive an e mail confirming that we have collected the interest and the new Due Date on which the collection will again be taken including the new interest amount at the APR stated.

3.5 This may be repeated at any Due Date subject always to our assessment that it is responsible for us to do so in light of our knowledge of your repayment history and ability to repay.

3.6 This does not affect your right to repay the loan at any time by contacting us as discussed in section 3.1

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 the Fixed Sum Loan Agreement.

4.3 Default interest will be charged at a rate of 30% per month or part thereof on amounts unpaid on the Due Date and additional fees as stated in the agreement (including both before and after a judgement has been obtained against you).

4.4 If we should fail to collect the total amount payable on the Due Date we may waive our rights to enforce the agreement and levy default charges and instead agree to extend your loan until the assumed next payment date. The loan would then extend until your next payday with a recalculated APR. This procedure can be implemented up to four times on your behalf. If the balance of the loan remains unpaid and you have not been in contact with us to rectify the situation then we will then instigate our default procedures. The assumed payment date will be based on the information provided by you in your application. The typical APR for a 30 day loan is 2964.4 but in the event of this happening you will be sent a loan agreement detaining the exact APR applicable to you loan .

4.5 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 the loan agreement and the Consumer Credit act. The third party will then assume the role of the creditor in the agreement. References to "we", "us" and "our" within these terms and conditions will be conveyed to the third party concerned.

SECTION 5 MISCELLANEOUS

5.1 Your obligations under this Agreement are unsecured.

5.2 You can prepay the loan anytime. If you have no overdue payments, the total amount (to prepay the loan) will just include the remaining principal and the interest fee for that month. There are no early repayment penalties.

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 fast response in all our communications with you. To enable us to achieve this we will use electronic means of communication wherever possible using our website, email using the email address supplied in the application or by telephone & SMS on the numbers given. You agree to accept communications by these means. You will notify us within 5 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 the 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 the agreement shall become due and payable immediately upon us giving notice:

you have provided us with any false information when you entered into this agreement; or

Any sum owed to the Fortress Group (UK) Ltd is overdue; or

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 the credit agreement which are not a condition of the loan or imposed by us.

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 CUSTOMER SERVICE EMAIL 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

1. 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.

2. We may use credit reference agencies to help us make lending decisions. We may also disclose to credit reference agencies the details of your agreement, payments made and any default, suspicion of fraud or failure to maintain the terms of the agreement. 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):

(a) Call Credit, Consumer Services Team, PO Box 491, Leeds LS3 1WZ, or call 0870 060 1414, or visit www.callcredit.co.uk

(b) Equifax Plc, Credit File Advice Centre, PO Box 3001, Bradford BD1 5US, or call 0870 010 0583 or visit www.myequifax.co.uk.

(c) Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF, or call 0844 4818000, or visit www.experian.co.uk.

(d) Teletrack UK Limited, 2 St John's Street, Colchester, Essex, CO2 7AA

3. 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.

Your data remains on file for 6 years after our files with your information are closed, whether settled by you or in default.

The Direct Debit Guarantee

This Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society.

If the amounts to be paid or the payment dates change, Fortress Group (UK) Ltd will notify you 10 working days in advance of your account being debited or as otherwise agreed.

If an error is made by Fortress Group (UK) Ltd or your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid.

You can cancel a Direct Debit at any time by writing to your Bank or Building Society. Please also send a copy of your letter to us.