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		Personal Loan Agreement Terms and Conditions These terms and conditions form part of your Personal Loan Agreement ('this agreement')? 'we', 'us' and 'our' mean Egg Banking plc and any business or other person we may transfer any or all of our rights and responsibilities to under this agreement in accordance with Condition (12.1). 1. MAKING THE LOAN 1.1 This agreement will be deemed to be made on the day we receive the signed agreement from you, except that it shall not be binding on us until we have completed and are satisfied with our final credit checks and other searches. We must receive within 90 days of the date we signed this agreement: this agreement signed by you; any other documents or information we requested, in the form we asked for; and a valid Direct Debit instruction for the monthly repayments. If we do not receive all the items listed above, within the 90 day period, we do not have to make the loan and may choose to terminate this agreement by giving written notice to you. 1.2 We will make the loan available to you by crediting it to your United Kingdom bank or building society account specified in your Direct Debit instruction. If you have asked us for a loan to repay any other sums you owe us, we will repay those sums before paying the remaining sums to your account as instructed. 2. REPAYMENTS 2.1 You agree to repay the loan by the repayments and on the days specified under the heading "Key Financial Information" in this agreement or as amended by the terms of this agreement. 2.2 You may, by notifying us of your wish to do so, change your payment date to a date falling within one month of the payment date specified in this agreement. If you change your payment date, we will notify you of the new amount of the monthly instalments which will include any change in the amount of interest payable by you as a consequence of that change. 2.3 We have assumed in calculating the repayment amounts and the Total Charge for Credit set out under the headings "Key Financial Information" and "Other Financial Information" in this agreement that the first instalment will be paid 30 days after the loan is made. If it is actually paid more than 30 days after the date that the loan is made, there will be additional interest to pay on the loan in respect of the additional number of days for which the loan is outstanding as a result. We will notify you of the additional amount of interest and when it is payable. 2.4 You must make the payments by Direct Debit from an account you maintain with a bank or building society in the United Kingdom. If you make a payment by cheque, it will be applied to your account when the cheque clears. 2.5 If you do not pay any loan instalment when due, there will be additional interest to pay on the loan (at the rate shown under the heading "Key Financial Information"). An additional sum will be required to pay off the loan and interest. This will be payable with the last instalment due under the loan agreement. We will tell you in advance of the amount of the increased instalment. Interest is calculated on the daily outstanding balance of the loan and will accrue before and after any judgement. 2.6 If you've more than one loan or card product from Egg and fail to keep up payments on those products, we will choose how to allocate the payments between those products unless you inform us that you want them to be allocated in a particular way. 3. DEFAULT AND EARLY REPAYMENT 3.1 We may refuse to make the loan available or, if you have already received the loan, demand repayment of the full amount you owe us if: you fail to pay on its due date any amount payable to us under this agreement: or you repeatedly or seriously breach the terms of this agreement; or we discover that any information which you provided in the course of obtaining the loan is materially incomplete, inaccurate or untrue; or you die or become insolvent or any steps are taken by or against you for your bankruptcy or any proposal is made for a voluntary or other arrangement or composition with, or assignment for the benefit of, all or any of your creditors. 3.2 Before demanding early repayment under clause 3.1, we will comply with any statutory requirement to include sending you any notice required under the Consumer Credit Act. 3.3 If you find yourself in financial difficulties, you should let us know as soon as possible. The sooner we can discuss your problems, the easier it will be for both of us to find a solution. We can also tell you where you can get free advice about how to handle your debt. 4. ENDING THIS AGREEMENT 4.1 If you are not happy about your choice of loan, let us know within 14 days of sending your completed agreement back to us and we will cancel this agreement. You must repay us all amounts you owe us for the period up to the date of cancellation within 30 days of that date. To cancel your agreement please call us on 08451 233 233 or write to Loans Complex, Egg Banking plc, Riverside Road, Pride Park, Derby, DE99 3UL, or send us a secure email from our website. You should quote your account number in all correspondence. If you do not cancel this agreement, you will continue to be bound by the terms and conditions of this agreement. You may have extended cancellation rights in certain circumstances. If you do, and you exercise those rights, you will still have to pay everything you owe us for the period up to cancellation, including interest and charges. 4.2 You may end this agreement at any time by paying off the full outstanding balance of the loan. Examples of how much you may have to pay to settle this agreement at various stages of the Term are set out in this agreement under the heading "Key Information". Please note though that these are intended as examples only. They are based on certain assumptions including that all payments are made on time and that none of the options in Condition 5 are exercised. Please contact us for the actual amount that will be payable. 5. ADDITIONAL PAYMENTS 5.1 In addition to your right to settle this agreement by paying off the full outstanding balance you may make an early repayment of part of the outstanding balance at any time. 5.2 If you make an early repayment of part of the outstanding balance you can choose to change the amount you will pay each month and/or change the remaining number of repayments provided that each remaining repayment will be for an equal amount and the outstanding balance will still be paid within the period of time originally provided for in this agreement. 5.3 You may increase the amount of your repayment at any time to an amount you choose by notifying us of your wish to do so. We will notify you of the new expiry date of the loan following you changing the amount of your repayment. 6. USE AND DISCLOSURE OF PERSONAL INFORMATION For the purposes of this Condition 6 and 12.2 "Group" means Citigroup Inc and its group of companies including Egg Banking plc. 6.1 So that we can provide products and services designed specially for you, we will collect and review all the information ('personal information') which: you give to us, to other Group companies and to companies which provide any additional benefits or services to you under an arrangement with us ('linked suppliers'); or which we, other Group companies and linked suppliers obtain about you personally, in connection with this agreement and any accounts or products and services you take from us. This is to help us develop and maintain an up-to-date picture of you as an individual, which we and other Group companies can use to keep you informed about other products, services and special offers (including those supplied by third parties) which we or they think might interest you. We may tell you about these using a range of methods, including post, telephone and electronic communications to include email and SMS. Please tell us if you prefer not to receive information about other products or services from third parties or Group companies. We collect information using a range of methods, including cookies (small pieces of information which we send to your computer) and similar tracking devices. This will include information about how you manage your account. When you operate your account via our website, we also use cookies and web logs (information about how you use our website) to improve the security of our service and obtain information. For more details about cookies and web logs, see the security and privacy pages. 6.2 We will hold and process your personal information and disclose it to other Group companies for them to use: for assessment and statistical analysis for our or their business; for the purposes set out in Condition 6.1; and for considering any application you may make to us or them. 6.3 We and other Group companies may disclose your personal information: to credit reference and fraud prevention agencies or registers. We'll make searches of your details with credit reference and fraud prevention agencies when we consider your application. 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. We'll also give details of how you manage your account to credit reference agencies. We will continue to do this until there are no further monies due under the agreement. The information that we give to fraud prevention and credit reference agencies will be recorded by them and shared with other organisations. Organisations access and use the information recorded with fraud prevention agencies 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 and checking details of job applicants and employees. You can ask us for details of the fraud prevention agencies we use and can find out more about how credit reference agencies use information in the 'Frequently asked questions' section on www.egg.com. The fraud prevention agencies' records can also be accessed and used by organisations in other countries: to our insurers, sub-contractors and persons acting as our agents who have agreed to keep your personal information strictly confidential; to linked suppliers to the extent that they need your personal information to provide additional benefits or services to you; to any party to whom we may assign or transfer our rights and/or duties under this agreement in accordance with clause 12.1; with your consent; and if we are required or permitted to do so by law. 6.4 We may transfer your personal information to a Group company, linked supplier or sub-contractor or person acting as our agent in another country so long as they agree that your personal information will receive the same levels of protection as we are required to give it in the UK. You consent to having your personal information (including former names and genders) transferred by us, or others processing on our behalf or their agents, to regulators, authorities and law enforcement agencies in other countries (including countries outside the European Economic Area having less stringent data protection requirements than those within it) if the disclosure is required by the laws or regulatory rules of those countries. 6.5 Under the Data Protection Act you are entitled to a copy of your personal data held by us on payment of a fee and a written request to The Customer Data Team, Egg, Pride Park, Riverside Road, Derby, DE99 3GG. 6.6 Some of our decisions are automated, based on information we hold about you. If you would like us to review a decision we have made about you (whether or not automated), please let us know within 21 days of being notified of a decision we have made about you. 6.7 You have the right of access to your personal records held by credit and fraud agencies. Please contact Egg if you would like details of the agencies we use. 6.8 An "association" between joint applicants and/or any individual identified as your financial partner, will be created at credit reference agencies, which will link your financial records. You understand that each other's information will be taken into account in all future applications by either or both of you. This linking will continue until one of you successfully files a "disassociation" at the credit reference agencies. 7. CHANGES 7.1 We can change this agreement to make it fairer to you or more easily understandable; or to correct a mistake (provided that this correction would not adversely affect you); or to reflect a change in the law or any relevant code of practice (or the way in which they are applied): or to reflect a change in market conditions or banking practice or the overall cost of providing our services to our customers: or to reflect a change in technology, to cover an improvement or change in our services or in the facilities that we provide; or to ensure the prudent management of our business. 7.2 We will give you at least 30 days prior notice of any change or addition to this agreement which is to your disadvantage and we will let you know of the change by sending you an email, letter or separate written notice. Provided that you have repaid all amounts you owe us, you have the right to close your account at any time up to 60 days from the date of the notice so that the disadvantageous change does not apply to you. 7.3 We may make any other changes to this agreement which are not to your disadvantage immediately and will tell you about them within 30 days after the change. These changes will be so notified by sending you an email, letter or separate written notice. 7.4 If we have made a major change or a lot of minor changes in any one year, we will give you a copy of the new terms and conditions or a summary of the changes. 8. CONTACTING EACH OTHER 8.1 We may contact each other by post, telephone or other electronic means using the latest details you have given us, or we have given you. We will tell you if any of our contact details change. You must tell us if your name, address, telephone (including mobile telephone), or email changes. If you do not do this we may charge you any expenses we reasonably incur in tracing you. 8.2 If you send us an email, we will acknowledge receipt of that email. If you have not received an acknowledgment you cannot assume that it has reached us. 8.3 When you telephone or contact us via our website we will check your identity from the security details and password which you give us when you set up your account. 8.4 We may record or monitor telephone calls between us so that we can check instructions and make sure that we are meeting our service standards. 8.5 If we contact, or try to contact, each other by telephone, we may leave a message for you to call or contact us on an answering machine or with the person who answers our call. 8.6 You can give us instructions and make other requests ("instructions") in writing, by telephone or such electronic means we tell you about. You can ask us to make payments and transfers on the written instructions of another person (an "authorised person") by completing the form we provide for this purpose. 8.7 We can ask you to confirm instructions by telephone, via our website and other electronic means in writing if we feel this is appropriate. 8.8 We can refuse to act on an instruction if for any reason we think it was not given by you, was not clear, might cause us to breach a law or contractual duty, or we think your account is being used for an illegal purpose. 8.9 We will put your annual loan statement on the secure area on our website, and we will send you an email to tell you it is there. Statements will remain available on the secure area for 12 months after the end of the loan agreement. We may also send you other documents that we are required to send you by law, for example - arrears notices and default sum notices, and other communications in this way, by email, secure message or by written notice. 9. SECURITY 9.1 We may establish security procedures with you either by post, telephone or electronic means. You must never tell anyone your security details or password or allow anyone else to use your security details or password to access the secure area. You must take all reasonable steps to keep your security details and password secret at all times. 9.2 You must tell us as soon as possible if: you think that someone else knows your security details or password; you think that someone else (other than an authorised person) is trying to use your account; Until you do tell us: You will be responsible for any instruction in writing or by telephone or other electronic means which we receive and act on, even if it was not given by you. If we can show that you have acted fraudulently or without reasonable care or have not kept your security details and password secret you will be responsible for all payments we make and all losses on your account. We will not be responsible for any unauthorised access to confidential information about you on the secure area using your security details or password. 9.3 When you use our website you must ensure that your computer and modem comply with any requirements we tell you about from time to time. You must also follow any procedures and instructions contained in any user guide we give to you or contained on our website. 9.4 If we give you software to help you to use our website you must not change it or allow anyone else to use or copy it. All software which we provide is virus-checked when we supply it. We cannot, however, guarantee that it is virus-free. We strongly recommend that you carry out your own virus checks. We will not be liable for any loss caused by your failure to carry out such checks. 10. EVENTS OUTSIDE OUR CONTROL We will not be liable to you for any failure to perform our obligations under this agreement due to any events outside our control such as failure of any machine, data processing system or transmission link, any industrial action or anything else outside our control or the control of our agents or sub-contractors. 11. SET OFF You authorise us to apply any credit balance on any account you maintain with us in satisfaction of any sum due and payable by you under this agreement which has not been paid. We are not obliged to exercise this right but we will notify you if we do so. 12. GENERAL 12.1 We may assign or transfer any of our rights or benefits and your liability under this agreement to any person and may disclose your personal information to any person to whom we may assign or transfer those rights or benefits and your liability. We may also arrange at any time for any other person to carry out our duties under this agreement. Your rights under this agreement and your legal rights (including under the Consumer Credit Act) will not be affected. You may not assign your rights or liabilities under this agreement to any other person. 12.2 Loans are only available to people who are existing Egg customers and who are aged 18 or over who are permanently resident in the UK. 12.3 This agreement is governed by the laws of England and Wales and any dispute which arises in relation to this agreement shall be dealt with by the courts of England and Wales or any other court in the United Kingdom which is able to hear the case. We will always communicate with you in English. 12.4 Other taxes or costs may exist that are not paid by us or imposed by us. 12.5 If we do not enforce any term in this agreement, or we delay in enforcing the term, this will not prevent us from enforcing the term at a later date. 12.6 We subscribe to the Banking Code; copies of the code are available on request. For further information or to view the Banking Code visit www.bba.org.uk. 12.7 We provide banking, credit and other financial products and services to consumers and are authorised and regulated for these and related purposes by the Financial Services Authority (reference number 205621) and licensed by the Office of Fair Trading (licence number 410357). 13. COMPLAINTS 13.1 If you think we have made an error on your loan account or that we have not delivered the standard of service that you expect, please let us know promptly by calling 08451 233 233 or, if you're an existing customer, by sending us a secure message via the Egg website so that we may investigate the circumstances as soon as possible. Further details of our complaints procedure can be found on the Egg website. 13.2 If we are unable to resolve any complaint through our internal complaints procedure, you may take your complaint to the Financial Ombudsman Service. In order to contact the Financial Ombudsman or obtain details of the Financial Ombudsman Service, you should write to The Financial Ombudsman Service at: South Quay Plaza 183 Marsh Wall London E14 9SR Telephone 0845 080 1800 email enquiries@financial-ombudsman.org.uk website www.financial-ombudsman.org.uk Egg Banking plc Registered office: Citigroup Centre Canada Square London E14 5LB Registered number: 2999842 Contact address: Egg Pride Park Riverside Road Derby DE99 3GG