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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 transfer any or all of our rights and responsibilities to under this agreement. 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 and unless we receive within 3 months 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; a valid Direct Debit instruction for the monthly payment instalments. 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. If you have asked us for a loan to repay any sums you owe any third party, we may pay such sums directly to the third party before paying the remaining sums to your account as instructed. Otherwise we will pay the whole amount to your account for you to pay the third party. 2. REPAYMENTS 2.1 You agree to repay the loan by the instalments 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. The central clearing cycle applies to cheques paid into most clearing bank accounts (where clearance normally takes three business days). As we are not a clearing bank, cheques paid into your account normally take eight business days to clear. We will charge £2 for any cheque payments. 2.5 If you do not pay any amount to us, including any amount which becomes payable under clause 3.1 below, on the date required by this agreement, we will charge interest on that amount at the interest rate specified in this agreement under the heading "Key Financial Information". Any such interest will be calculated on a daily basis from the date the amount falls due for payment until it is received and will accrue at that interest rate both before and after any court order for payment. 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 under any other agreement with us; or you fail to comply with any of the other terms of this agreement; or we discover that any material information which you provided in the course of obtaining the loan is 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 send you a Default Notice 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 money advice. 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 within 30 days of cancellation. To cancel your agreement please call us on 08451 233 233 or write to Loans Complex, Egg plc, Riverside Road, Pride Park, Derby, DE99 3UL, or send us a secure e-mail 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 can end this agreement at any time by paying off all amounts payable under this agreement. 5. ADDITIONAL PAYMENTS 5.1 You may settle this agreement at any time by paying off the full outstanding balance. 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 clauses 5 to 7 of this Agreement are exercised. Please contact us for the actual amount that will be payable. 5.2 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 that outstanding balance at any time. 5.3 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 instalment 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. 5.4 You may increase the amount of your instalments at any time to an amount you choose by notifying us of your wish to do so. We will notify you of your new term expiry date following your changing the amount. 6. EXTENDING THE LOAN TERM If you have been paying instalments when required by this agreement for a continuous period of at least six months, you may choose to increase the number of monthly repayments set out under the heading "Key Financial Information" in this agreement. You may increase the number of payments by up to the original term shown under the heading "Key Financial Information" in this agreement provided that the overall term as extended may not exceed seven years. We will notify you of the new amount of the monthly instalments, which will include the additional amount of interest payable as a consequence of the extension. 7. REPAYMENT HOLIDAYS If you have been paying instalments on the days required by this agreement for a continuous period of at least three months, you may (by giving us at least 14 days' prior notice of your wish to do so) choose not to make up to three payment instalments in any period of twelve months. If you choose to take a repayment holiday, the term will remain unchanged and the amount of the remaining instalments will increase. We will notify you of the new amount of the monthly instalments following your notifying us of your wish to suspend your payments. We will also notify you of any change in the amount of interest payable by you as a consequence of suspending your payments. 8. USE AND DISCLOSURE OF PERSONAL INFORMATION 8.1 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 Egg companies and to companies which provide any additional benefits or services to you under an arrangement with us ('linked suppliers') or which we, other Egg companies and linked suppliers obtain about you personally, under or in connection with this agreement and any other 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 Egg 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, fax and electronic communications, such as the telephone, SMS, email. Please tell us if you prefer not to receive information about other products or services or you do not want other Egg companies to be given your personal information. The information we collect (using a range of methods including cookies and similar tracking devices) will include information about how you manage and use your accounts, including the type of purchases you make from your accounts (whether by a card, Direct Debit or in any other way) and payments which are made into your accounts. This information will include the name of the payer (for example your employer) and the supplier (for example a shop) and the general nature of the goods and services paid for. We obtain this information automatically as part of operating your accounts. If you do not want us to have it, you should consider an alternative to using your account. If you operate your Account by Internet, we also use cookies (small pieces of information which we send to your computer) 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 of the Egg website. 8.2 We will hold and process your personal information and disclose it to other Egg companies for them to use: (a) for assessment and statistical analysis for our or their business; (b) for the purposes set out in clause 8.1 (other Egg companies will only do this if you have agreed that they can); and (c) for considering any application you may make to us or them and for this purpose we may share your personal information with the non-Egg divisions of Egg Banking plc. 8.3 We and other Egg companies may disclose your personal information: (a) to credit reference and fraud prevention agencies or registers. We will make searches of your details with credit reference and fraud prevention agencies when we consider your application. We will also give details of how you manage your account to credit reference agencies. (We do not use credit reference agencies in connection with applications for, or the management of, savings products.) The information that we give to fraud prevention and credit reference agencies will be recorded by them and shared with other organisations. Organisations use fraud and credit agencies to help make decisions about credit and credit related services, for you and members of your household, for debt tracing and collecting, fraud and money laundering prevention, for statistical analysis about credit, insurance and fraud, and to manage your accounts or insurance policies. Organisations also use fraud prevention agencies to help them to make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household. You can find out more about how credit reference agencies use information in the Frequently Asked Questions section on www.egg.com. (b) to our insurers, sub-contractors and persons acting as our agents who have agreed to keep your personal information strictly confidential; (c) to linked suppliers to the extent that they need your personal information to provide additional benefits or services to you; (d) to any bank, financial institution or company to whom we may assign or transfer our rights and/or duties under this agreement; (e) with your consent; (f) if we are required or permitted to do so by law without needing your consent; (g) subject to giving you advance written notice, to other companies in the Citigroup Inc. group, in which case the terms of clauses 8.2 to 8.8 will apply to the use of your personal information by companies in the Citigroup Inc. group as if they were Egg. 8.4 We may transfer your personal information to an Egg 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. 8.5 Under the Data Protection Act you are entitled to a copy of your personal data held by us on payment of a fee. 8.6 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. 8.7 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. 8.8 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 and anyone else with whom you have a financial link 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. 9. CHANGES 9.1 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 cover a development in, or the introduction of, new products and services or to reflect a change in the law or any code of practice (or the way in which they are applied). We may also vary our charges on your account for any of the following reasons: to reflect a change in market conditions or banking practice or the overall cost of providing our services to our customers; to reflect a change in the law or any code of practice (or the way in which they are applied); to reflect a change in technology, to cover an improvement or change in our services or in the facilities that we provide; to ensure the good management or competitiveness of our business; and for any other valid reason. 9.2 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 e-mail, 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. 9.3 We may make any other changes to this agreement which are not to your disadvantage immediately and will tell you about them within thirty days after the change. These changes will be so notified by sending you an e-mail, letter or separate written notice. 9.4 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. 10. CONTACTING EACH OTHER 10.1 We may contact each other by post, telephone (including automatic calling systems), fax, Internet, other electronic means (such as SMS or e-mail) and in other ways which we will tell you about from time to time using the latest details you have given us, or we have given you. If you want to prevent others from reading electronic (including e-mail) messages we send you, you must set up your own password protection on your system at home or work. You understand that you may not be able to prevent e-mail messages being monitored at work. We will tell you if any of our contact details change. You must tell us if your name, address, telephone (including mobile telephone), e-mail or any other details change. If you do not do this we may charge you any expenses we reasonably incur in tracing you. 10.2 If you send us an e-mail, you cannot assume that it has reached us until we return an e-mail acknowledging receipt. 10.3 When you telephone or contact us by Internet we will check your identity from the security details and password which you give us when you set up security. 10.4 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. 10.5 You can give us instructions and make other requests ("instructions") in writing, by telephone, Internet and other 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. 10.6 We can ask you to confirm instructions by telephone, Internet and other electronic means in writing if we feel this is appropriate. 10.7 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. 11. SECURITY 11.1 We may establish security procedures with you either by post, telephone, Internet or other electronic means. You must never tell anyone your security details and password (except to gain access to the secure area - which is that part of our operation which can only be accessed on the Egg website or on the telephone by Egg customers who have been through security checks) or allow anyone else to use your security details or password to access the secure area. You must always do all that you can to keep your security details and passwords secret at all times and when accessing the secure area, make sure that your security details and passwords will not be kept in any form (by browser or any other software) in such a way that other users of the same workstation can gain access to the secure area. If you make written records of any security details or password, you must disguise them so that they cannot easily be understood by anyone else. You should take care when storing or getting rid of information about your account. You should also treat e-mails you receive with caution and be wary of e-mails or calls asking you to reveal any personal security details. 11.2 You must tell us as soon as possible if: you think that someone else knows your security details or password; you have forgotten your security details or password; you think that someone else (other than an authorised person) is trying to use your account; you think your security details or password have been kept in any form which may allow others access to the secure area in which case you should immediately arrange for the details to be deleted or the software disabled. Until you tell us: you will be responsible for any instruction in writing or by telephone or Internet or other electronic means which we receive and act on, even if it was not given by you. Normally we will pay back into your account the amount of any payments we make after you have told us. But, subject to any statutory requirements, 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; subject to clause 11.3 below, we will not be responsible for any unauthorised access to confidential information about you on the secure area using your security details or password. 11.3 We will do all that we reasonably can to prevent unauthorised access to our secure area. We will repay you any money taken from your Egg account due to an error by our staff or our systems or if you are the victim of a computer crime on our website. But if we can show that you have acted fraudulently or have been negligent or have not kept your security details and password secret you will be responsible for all payments we make on your behalf and all losses you incur. We will have no other liability to you for any unauthorised access. 11.4 When you use our Internet service 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 Internet website. 11.5 If we give you software to help you to use our Internet service you must not change it or allow anyone else to use or copy it. You must carry out your own virus checks. 11.6 You will tell us as soon as you can if you find any failure, delay or error in our Internet service, especially in the sending or receiving of instructions or any suspected fraud. Our records of your Internet instructions will be conclusive unless there is a clear mistake. 11.7 Accessing our Internet service from another country may be an offence in that country. You agree that use of our Internet service outside the UK will be at your risk. 12. EVENTS OUTSIDE OUR CONTROL We will not be liable to you for any failure to perform our obligations under this agreement due directly or indirectly to the failure of any machine, data processing system or transmission link, any industrial action or anything outside our control or the control of our agents or sub-contractors. 13. 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. 14. GENERAL 14.1 We may assign or transfer our rights and/or obligations under this agreement to any bank, financial institution or company and may disclose your personal information to any bank, financial institution or company to whom we may assign or transfer those rights and/or obligations. We may do this without telling you. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected. 14.2 Loans are only available to people aged 18 or over who are permanently resident in the UK. 14.3 This agreement is governed by the laws of England and Wales which will also govern the relationship between us and you before the conclusion of this agreement. The courts of England will have non-exclusive jurisdiction for any related disputes. We will always communicate with you in English. 14.4 Other taxes or costs may exist that are not paid by us or imposed by us. 14.5 If at any time we relax any of the terms of this agreement we will retain the right to enforce those terms strictly again. 14.6 Notwithstanding the terms of any security which we hold or may in the future hold, the sums due under this agreement are unsecured, except for rights arising by operation of law. 14.7 We may record or monitor phone calls between us so that we can check instructions and make sure that we are meeting our service standards. 14.8 We will comply with the provisions of the Banking Code. A copy of the Banking Code is available on www.bankingcode.org.uk. 14.9 We provide banking, credit and other financial products and services to consumers and are licensed for these and related purposes by the Financial Services Authority (reference number 205621) and the Office of Fair Trading (licence number 410357). 15. COMPLAINTS 15.1 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. 15.2 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 e-mail enquiries@financial-ombudsman.org.uk website www.financial-ombudsman.org.uk 16. INSURANCE 16.1 We will pay the premium for any Loan Repayment Protection insurance specified in this agreement to the insurer on your behalf. Where you have requested this insurance, the terms and conditions governing it are explained in this agreement and the Egg Loan Repayment Protection Policy document supplied to you. By sending your completed agreement to us, you confirm that you have read and understood the terms and conditions of the Egg Loan Repayment Protection Policy document. 16.2 Please do not cancel your Direct Debit when you make a claim. We will adjust your direct debit to take account of payments received from the insurer following a successful claim. Egg Banking plc Registered office: Laurence Pountney Hill London EC4R 0HH Registered number: 2999842 Contact address: Egg Pride Park Riverside Road Derby DE99 3GG