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UPDATED YOUR PLAN TERMS AND CONDITIONS

  1. Account

    1. We will open an account in your name ("Account") for the purpose of recording transactions made under this agreement. You can use this agreement to obtain goods and services from the retailers we deal with on credit.
    2. For the purposes of reporting to you, each transaction you make will be recorded separately within the Account.
    3. We will debit the Account with the amount of credit we provide in respect of each transaction, any interest we apply to each transaction and any other charges payable in connection with your use of this agreement, including any default charges.
    4. Any refunds we receive which relate to a particular transaction will be applied to the part of your Account which relates to that transaction.

  2. Credit Limit

    1. The debit balance outstanding on your Account must not exceed the credit limit. You must not make any further transactions if this would cause the credit limit to be exceeded and must repay any excess above the limit immediately.
    2. Each time you make a repayment on any transaction it will increase the amount of credit available within the credit limit for further transactions.
    3. If we reduce the credit limit then you will not enter into any further transactions until the balance under the Account has fallen below the new limit.
    4. If you have failed to make a payment when it is due we may refuse to let you make any further transactions until the Account is brought up to date.

  3. Repayment

    1. Each month on a date which we in our discretion will decide, we will send you a statement. You agree that to the extent permissible by law we may send statements for you to view on-line and for which an electronic notification shall be sent to you each month by e-mail to the email address provided to us. Each statement will show:
      • all of the transactions you have entered into;
      • the repayment which is due that month for each transaction;
      • any additional charges added to the Account;
      • the total which you have to repay for that month; and
      • the date on which repayment must be made.
    2. If we have given you a payment date we may later amend this but we will give notice before doing so. If you wish to set a particular repayment date for all your transactions then you may ask us to do so which we may, at our reasonable discretion, agree to.
    3. Punctual payment of the total amount shown in the statement is an essential term of this agreement. You will ensure that any payment made by you is honoured on first presentation.
    4. You remain liable to pay all sums due under this agreement, whether or not you receive a statement.

  4. Over and under payments

    1. You can make additional payments at any time without any charge. Providing your Account is up to date you can ask us to apply any overpayment, or part of an overpayment, to any transaction then outstanding in any order or proportion you choose. If you want to apply any payment to a particular transaction you must tell us how it is to be applied. You may apply any overpayment to reduce the remaining monthly payment on any transaction, or to reduce its remaining term, or any combination of the two. If you do not tell us to apply overpayments to any transaction then we will apply them to the transactions then outstanding in the proportions the amount of credit for each bears to the total. Overpayments on interest bearing or buy now pay later transactions will reduce the amount of interest payable.
    2. Providing you have previously made overpayments, you can then make underpayments on transactions then outstanding in any order or proportion you choose but you may only do so providing the underpayments will still allow each transaction to be repaid within its original transaction period.
    3. If you wish to make underpayments you must, in any event, make a minimum monthly payment of £5.
    4. If you make overpayments and do not later make underpayments then, unless you ask us to reduce the remaining repayments on any transaction, the transaction period for outstanding transactions will be reduced. Where you have chosen to allocate overpayments to any transaction any reduction in the transaction periods will reflect that allocation.
    5. Any part of a buy now pay later transaction which should have been reduced by a payment which is delayed in any way will become interest bearing.

  5. Variation of the agreement

    1. We may change the terms of this agreement and will tell you about any changes we make. For example, we may make changes that are personal to you based on changes in your credit risk or general changes to take into account market conditions; changes in the costs of providing this service to you; changes or predicted changes in legal or other requirements affecting us; any system or product development.
    2. Before we change the rate of interest, we will give you written notice of your new rate by putting a message in your monthly statement or by sending you a separate written notice by post or email.
    3. We may introduce a charge for any service provided under or in connection with this agreement.
    4. We will tell you about any change before we make it by advertising it in the press, or by putting a message in your monthly statement, or by sending you a separate written notice or e- mail, or by making notice of the change available at an electronic address. We will give you at least 30 days' personal notice of any change, using one of these means, unless it is a change which is to your advantage.
    5. If we make a change to the terms of this agreement which is to your disadvantage, other than a change to the interest rate, then you may, at any time during the period of 60 days starting from the date when we give you notice of the change, close your Account under this agreement by paying us the balance outstanding, without having to pay any extra interest or charges for doing so.

  6. Closure of the Account and Repayment of the Balance

    1. Either of us can end the agreement by giving written notice to the other. If we give you notice it will not expire before the end of the transaction period which is then the latest in time. Otherwise, unless there are exceptional circumstances, we will give you 30 days' notice before we end this agreement. You must make all payments due and this agreement will continue until all amounts you owe have been paid including amounts added to your account after the notice to end the agreement.
    2. We may require you to repay immediately all amounts you owe us under this agreement if you break this agreement regularly or seriously, die or become bankrupt or are likely to become bankrupt, but we will follow any legal requirements before we do so.
    3. Interest will continue to be charged on all outstanding balances on your account until payment or any judgment against you.
    4. We may end the agreement if you have repaid all transactions and there has been no movement on your Account for at least 24 months.

  7. Default and other charges

    1. You will reimburse us in respect of any costs or expenses that we reasonably incur in enforcing the terms of this agreement following your default or an event described in clause 7.2. Where appropriate, such costs will be charged on the basis of our standard tariff of charges published by us from time to time and we will send a copy to you on request.
    2. The following charges will also be payable:
      • £1.00 if we provide an additional copy of a monthly statement or a copy of this agreement at your request;
      • £30.00 each time a Direct Debit is not set up or a request is cancelled or returned or you fail to pay the monthly repayment in full when due;
      • £25.00 for each letter sent to you regarding arrears on your Account;
      • £100.00 for a pre-transfer letter;
      • We may make an additional charge for any additional service that we may provide you. You shall be notified of the charge when you ask for the additional service.
    3. Any charges which are payable will be applied to your Account rather than to any transaction. We may vary or add to the charges or their amounts by notice to you in accordance with clause 7.
    4. If you have failed to pay us any amount you owe under this agreement, we may use any money we owe you (whether under or in relation to this agreement, or in any other way) to reduce or repay the amount you owe us. This is called a right of "set off" which we can use without telling you in advance.
    5. If you fail to pay any default sum to us when it is due we shall debit that amount to your Account, and you will pay interest to us on that amount until you pay it, at a rate equal to the Interest Rate. Such interest shall not be charged on any default sum until the 29th day after we have given you notice that the default sum has become payable.

  8. Suspension of your Account

    If we suspect the agreement has been used fraudulently, or if you break this agreement regularly or seriously, we may suspend the operation of your Account, or restrict your right to make further drawings on it. We shall give notice of such suspension or restriction to you as soon as practical.

  9. Inability to Perform our Obligations

    We shall not be liable if we are unable to perform our obligations under these terms because of failure of any machine or data processing system or transmission link, or because of any industrial dispute, or due to any other cause outside our control or the control of our agents or subcontractors.

  10. Notices

    1. If you change your address then as soon as reasonably practicable you must give written notice to us of your new address.
    2. Notices or any other communications to us must be sent in writing to Creation Consumer Finance, Chadwick House, Blenheim Court, Solihull B91 2AA.
    3. We may give notice to you by sending written notice to your address shown on the first page of this agreement or such other address as you have notified to us as being the address of your principal residence. You must let us know, in writing, within seven days about any change of your email or postal address. The notice that we give you may be with or within a statement.
    4. Notice sent to you by post to your address will be treated as having been received by you on the third working day and that being sent by email will be treated as having been received by you on the second working day (being Monday to Saturday inclusive) following posting.
    5. You agree that, to the extent permitted by law, we may communicate with you for the purposes of this agreement electronically using the email address provided to us. Any notice or demand we send to you by email will be assumed to have been properly delivered at the time of the completion of transmission by us if sent before 8.00pm or at 8.00am on the next day if sent later.
    6. The change or variation will take effect on the date specified in the notice. If no date is specified, the change or variation will take effect seven days after the notice is treated as having been received by you (or 30 days where the change is to your disadvantage).

  11. General

    1. If we allow any time or indulgence, or if otherwise we do not insist on our strict rights, then this will not prevent us from insisting on our strict rights on another occasion. No variation of these terms will be binding on us unless it is in writing and signed on our behalf. If we make a variation on one occasion, it does not mean that we must agree to it on another occasion.
    2. We may transfer our rights and duties under this agreement, including our duty to lend to you, to any person or company which is a bank or other financial institution. Such an assignment will not adversely alter your liabilities and will not reduce your rights under any guarantee that you may have. You may not assign your rights in this agreement to anyone.
    3. We go out of our way to maintain high standards of service. However, if you ever have cause for complaint, please contact our Complaints Department at the address or telephone number on your statement. We will deal with your complaint promptly and a full investigation will be carried out. If you want to take the matter further. Finally, if after all our efforts your complaint isn’t resolved you can approach the Financial Ombudsman Service.
    4. This agreement will be governed by the law of the country where you are domiciled in the United Kingdom on the date of this agreement, being England, Wales, Scotland, Northern Ireland or Isle of Man. All communications will be in English.
    5. These terms do not affect or exclude any term implied by law unless they expressly say so. If any term in this agreement shall not be enforceable, it will not affect the enforceability of all other terms.

  12. Use of personal information

    1. In considering your application for a loan we will search Land Registry records and the files of one or more credit reference agencies. The credit reference agencies 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 fraud prevention agencies. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information;
    2. We and other organisations may also access and use this information to prevent 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; recovering debt; checking details on proposals and claims for all types of insurance; checking details of job applicants and employees
    3. Your information may be used by us and our affiliated companies, to manage the provision of products and services requested by you now or in the future. We, or our affiliated companies, may send or telephone you with information about services and products which may interest you. If you would prefer not to receive such information please write to us at Creation Consumer Finance Limited Marketing Department, Chadwick House, Blenheim Court Solihull B91 2AA. We retain your information for up to 6 years for the purpose of sending you such information;
    4. For the purposes set out within this clause 12 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 0371 376 9318 if you want to receive details of the relevant credit reference agencies and fraud prevention agencies from whom we can obtain and to whom we pass information about you. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. 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.
     

    Creation Consumer Finance Limited. Registered Office: 6th Floor Royston House, 34 Upper Queen Street, Belfast BT1 6FD Registered in Northern Ireland No. NI32565 Customer Helpline (0371 376 9318). Calls may be recorded. Calls charged at basic rate. The number provided may be included as part of any inclusive call minutes provided by your phone operator. Creation Consumer Finance Limited is authorised and regulated by the Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS (FRN: 311518).