Pay Later Terms And Conditions
In this Agreement, the following words have particular meaning as set out below:
“Agreement” means this agreement between you and us.
“Pay later amount” means the payment amount we agree to allow you to defer under this Agreement.
“Debit Card Details” means your debit card details you provided to us when entering into this Agreement or such other debit card details as you have told us about since entering into this Agreement for the purposes of paying amounts due under it.
“Employed” means in full time employment on a PAYE basis and not self-employed.
“Estate Agent ” means Legra Homes.
“Estate Agent Fees ” means the fees payable to Legra Homes which is set out in this Agreement.
“payment” means the amount you must pay on the payment Due Date, as set out in this Agreement.
“payment Due Date” the date stated in this Agreement as the date on which you must repay the Total Amount Payable.
“Total Amount Payable” means the payment amount you have to repay on the Payment Due Date.
“We”, “us” and “our” means Legra Homes
“Working Day” means any day which is not a Saturday, Sunday, bank holiday or public holiday in the United Kingdom.
“you” and “your” means you, the customer whose details appear at the top of this Agreement.
2. The agreement between you and us
2.1 This Agreement is between you and us and comes into force on the date when you opt to take our pay later package. Under this Agreement we allow you to defer payment to fund the Estate Agent Fees in respect to the sale of your property.
2.2 Our pay later option is only available to people who:
· are 18 or over;
· have a residential address in the United Kingdom;
· are employed;
· have a net income of at least £500 per month;
· have a UK bank account and debit card;
· have a mobile phone; and
· have not or are not:
· currently on any kind of unpaid leave from their job;
· under notice of redundancy;
· the subject of any disciplinary action which may cause their employment to be terminated;
· tendered their resignation or intend to do so before the Payment Due Date; and
· are not bankrupt, in any kind of debt management plan, entering into a trust deed or bankruptcy or Individual Voluntary Arrangement.
2.3 By opting for our pay later package you confirm that you meet our requirements as set out in clause 2.2.
3. Your obligations under this Agreement
3.1 You must pay the Total Amount Payable on the date 6 months after opting for our pay later package. If the Payment Due Date falls on a weekend or a bank holiday, then your Payment will be due on the previous Working Day.
3.2 You can make your payment by a number of payment methods including debit card, cheque or bank transfer.
3.3 Unless you state otherwise before entering into this Agreement, you agree that we may collect your Payment by using your Debit Card Details to debit the amount due from your account. This is called a Continuous Payment Authority. At any point before the Payment Due Date you can tell us that you no longer want to use your Debit Card Details to make your payment in this way by calling us on 01702 410711 or writing to us at Legra Homes, Rayleigh Avenue, Leigh on sea, SS9 5DN. If you do cancel your Continuous Payment Authority you must make alternative arrangements for your payment and tell us what they are.
3.4 Under your Continuous Payment Authority, we will attempt to collect your payment on the Payment Due Date. If we are unable to collect your payment we will try to contact you to discuss your payment options with you. If we are unable to contact you or your payment remains outstanding on the last working day of the month following your Payment Due Date and we are not aware you are experiencing financial difficulties, we will make one further attempt to collect that payment. This second attempt to collect your payment will be made on the last working day of the month following your Payment Due Date. If we are unable to collect your payment after that second attempt, then we will cancel your Continuous Payment Authority and contact you through e-mail, text and/or telephone so we may discuss your account with you and make appropriate arrangements with you in relation to the amount then outstanding.
3.5 If you do not pay the Total Amount Payable in full on the Payment Due Date then we may take steps to recover the outstanding amount from you. Depending on your circumstances this may include instructing a debt collection agency and may ultimately result in us bringing legal proceedings against you. If we do you may be liable for our reasonable costs incurred in trying to recover the money you owe under this Agreement.
3.6 You must tell us as soon as reasonably possible and in any event within 10 working days if you change:
· your residential address;
· your home telephone number;
· your mobile telephone number;
· your email address;
· your work address;
· your work telephone number;
· your bank account details; or
· your Debit Card Details.
3.7 We may terminate this Agreement and demand payment of the sums you owe to us under it by serving you with such notice as we are required to provide by law if:
· we discover that our decision to defer your payment was based on inaccurate, misleading or incomplete information;
· you cease to comply with clause 2.3 of this Agreement;
· someone serves a statutory demand on you or takes other steps to make you bankrupt;
· you die; or
· you breach the terms of this Agreement in a significant way.
4. Communicating with you
4.1 You agree that we may communicate with you by sending notices, information, documents and any statements to you in relation to this Agreement:
· to the most recent address we hold for you;
· sending you a PDF of the notice, information, document or statement concerned to any email address you have provided to us; or
· by delivery of an SMS to any mobile telephone number you have given to us.
4.2 Where you have provided us with an email address, we may contact you by email in relation to your application and about any issue arising under this Agreement throughout the duration of this Agreement.
5. Other important details
5.1 This Agreement is governed by the laws of England and Wales which will also govern the relationship between you and us before the conclusion of this Agreement. If you are resident in England or Wales, this Agreement shall be subject to the jurisdiction of the courts of England and Wales. If you are resident in Scotland, this Agreement shall be subject to the jurisdiction of the Scottish courts. All communications between you and us will be in English.
5.2 If we do not strictly enforce our rights under this Agreement (including our right to insist on the payment of all sums due on the Payment Due Date) or grant you an indulgence, we will not lose those rights and will not be prevented from insisting upon our strict rights at a later date.
5.3 If any clause of this Agreement is found to be invalid or unenforceable, it will not affect any other clause which will continue in force.
5.4 The information set out in this Agreement is valid for the duration of this Agreement.
5.5 There may be other taxes or costs which are not payable through us or charged by us, which you have to pay in connection with this Agreement.
6. USE OF YOUR INFORMATION
6.1 Fraud and credit checks and verifying your identity
(i) Fraud prevention checks:
We will check the personal information you provide to us with fraud prevention agencies before we agree to allow you to defer payment under this agreement. If false or inaccurate information is provided, or if fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We, and other organisation, may also use and access this information to prevent crime, including fraud and money laundering, for example, when checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts or facilities; and recovering debt.
We may access and use from other countries the information recorded by fraud prevention agencies in addition to accessing and using the information recorded by the UK’s fraud prevention agencies. These organisations may be in countries outside the European Economic Area. You can contact us at the address above if you would like the details of the relevant fraud prevention agencies.
(ii) Identity checks:
To protect you and us from financial crime, we may be required to verify the identity of our customers. We may do this by either using reference agencies to search sources of information relating to you (an identity search) or relying on the Estate Agent to verify your identity and your residential address. This will not affect your credit rating. If this fails, we may need to approach you to obtain documentary evidence of identity.
(iii) Credit reference checks:
We will conduct a full credit check using credit reference checks before we agree to allow you to take our pay later package. We may do this for example if this is necessary for compliance with applicable laws or regulatory rules.
We may use credit reference agencies (CRAs), including their records, to obtain information on you, including on your credit history and in order to ascertain risks related to the pay later option we provide. When CRAs receive a search from us, they will conduct a full credit check on your credit file that may be seen by other lenders and other companies unrelated to us (for example, other CRA customers). These search footprints, personal information and (possibly) account performance data may be used by other lenders and CRA customers. The CRAs may add the details of our search and information we hold about you to their records relating to you.
Credit searches and other information about you which is provided by us to the CRAs may be used and disclosed by CRAs to other companies unrelated to us for the purposes mentioned above and to enable those other companies to trace your whereabouts, recover debts that you owe and verify your identity. Records remain on file at the CRAs for 6 years after they are closed, whether settled by you or defaulted. CRAs may also use the information referred to in this regard for the purpose of statistical analysis about credit ratings.
We may access and use from other countries the information recorded by CRAs, in addition to accessing and using the information recorded by the UK’s CRAs. These organisations may be in countries outside the European Economic Area.
If you tell us that you have a spouse or financial associate with whom you have a personal relationship that creates a joint financial unit in a similar way to a married couple (for example if you have been living at the same address at same the time) we may:
(i) search, link and/or record information at CRAs about you both,
(ii) link any individual identified as your financial associate, in our own records,
(iii) take both your and their information into account in future applications by either or both of you, and
(iv) continue this linking until for example one of you notifies us that you are no longer linked.
When CRAs receive a search from us they will link together the records of you and your spouse or financial associate. Links between all such persons will remain on your files and their files until such time as you or the other relevant person successfully files for a disassociation with the CRAs. If your circumstances change such that you are no longer a financial unit with another person you should contact the CRAs about this.
You can contact the CRAs currently operating in the UK (CallCredit, Equifax and Experian) to find out what information they hold about you. The information they hold may not be the same so you may wish to contact more than one. Their details are below. They are entitled charge you a small statutory fee.
CallCredit, Consumer Services Team, PO Box 491, Leeds, LS3 1WZ or call 0870 0601414
Equifax PLC, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5US or call 0870 010 0583 or log on to www.myequifax.co.uk
Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF or call 0844 4818000 or log on to www.experian.co.uk.
The information in this section is condensed. You can contact at the address above if you would like further details about how your personal information may be used for credit reference purposes.