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Egg Home >   Bank >    Egg Money >    Credit agreement >
Legal information you need to be aware of
CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

This is a credit card agreement between Egg Banking plc of Citigroup Centre, Canada Square, London E14 5LB and you, the person who signed this Agreement.

KEY FINANCIAL INFORMATION

1. CREDIT LIMIT

We will set and tell you the Credit Limit from time to time. We will carry out appropriate checks before increasing your Credit Limit and we will tell you if we change your Credit Limit. You may tell us not to raise your Credit Limit, and may also tell us to lower your Credit Limit at any time.

2. REPAYMENTS

Each month you must pay by Direct Debit at least the minimum payment stated in your statement by the Payment Date. The minimum payment will be:

  • the full Revolving Balance if it is less than £5, but otherwise the greater of 2% of the Revolving Balance and £5, or (if it is more) the total of (i) interest and (ii) the Card Repayment Protection premium, both as shown in your statement;

Plus for each Transferred Balance on which interest is charged at a promotional rate, and for each Transferred Balance made during an introductory promotional rate period for Purchases (but only for the duration of that period);

  • the full amount of the Transferred Balance if it is less than £5, but otherwise the greater of 2% of the Transferred Balance and £5.

(See Condition 10 of the Egg Money Conditions for further details).

We will collect the amount you tell us you want to repay so that it is paid into the Account by the Payment Date.

3. APR

The APR for your Agreement is [7.9% to 16.9%] (variable).

OTHER FINANCIAL INFORMATION

4. INTEREST

For customers who applied before 8 September 2005

4.1 We will charge interest:

  • on Purchases put on the Account during the introductory promotion period at a monthly rate of 0% fixed until the end of the introductory promotion period, and thereafter at a variable annual rate of [7.9% to 16.9%]; and

  • otherwise, at a variable annual rate of [7.9% to 16.9%].

Details of your introductory promotion can be found on our website.

For customers who apply from 8 September 2005

4.1 We will charge interest at a variable annual rate of [7.9% to 16.9%];

4.2 If you fail to pay the minimum payment required under Condition 2 during any introductory promotion period, we may charge interest on Purchases at a variable annual rate of [7.9% to 16.9%]; instead of the rate applicable for that introductory promotion. We may also vary the interest rates or charges in accordance with Condition 13.5 or 19 of these Conditions. The APR does not take these variations into account.

4.3 When you owe us any amounts on your Account, we will charge interest on all amounts making up the Balance on a daily basis at the relevant rate set out in Condition 4.1 above from the date each Transaction and Charge is made. Interest will be charged until the Balance has been repaid in full. We will not, however, charge interest on Purchases listed in your last statement, if you pay the Statement Total on or before the Payment Date. We may charge interest on interest if you do not pay your minimum payment.

4.4 We will charge interest on any late payments both before and after any court judgment.

4.5 If any interest is payable, there is a minimum interest charge of 50p. This means that if the interest amount is calculated to be less than 50p, the amount of interest shown as payable in your monthly statement will be 50p.

5. HOW YOUR REPAYMENTS ARE USED

5.1 If you pay up to the full minimum payment, we will apply the amount you do pay to reduce what you owe us in the following order:

  • interest on any Transferred Balances and the Revolving Balance ;

  • any Card Repayment Protection premium (if applicable); and

  • the remainder of the minimum payment will be allocated first to Charges made under Condition 7 and then divided between the balances stated in Condition 2 and applied to those balances accordingly.

The amount apportioned to the Revolving Balance will be divided equally between the categories within that balance.

5.2 Other than during your introductory promotion period when the Transferred Balances in the first bullet point will include all Transferred Balances, if you pay more than the minimum payment, we will apply any amount over the minimum payment in the following order:

  • Transferred Balances on which interest is charged at a promotional rate (in the order they were put on the Account); and

  • the Revolving Balance in the following order:
    (i) Charges;
    (ii) Cash Advances included in your current statement;
    (iii) Transferred Balances put on your Account that are not charged at promotional rates (including any Transferred Balances on which any initial promotional rate is no longer charged) and Purchases included in your current statement (including Purchases at a promotional rate);
    (iv) Cash Advances put on your Account after your latest statement date; and
    (v) Purchases put on your Account after your latest statement date.

5.3 If we change this order for any Special Promotion we will tell you in the details of the Special Promotion.

6. TOTAL CHARGE FOR CREDIT

For customers who applied before 8 September 2005

If you use your Card to make a Purchase of £1500 and then repay that Purchase in 12 equal monthly repayments you would pay interest of £63 if you pay 7.9%, £86.06 if you pay 10.9% and £130.37 if you pay 16.9% based on the annual interest rate which will apply for Purchases after the introductory period for Purchases.

For customers who apply from 8 September 2005

If you use your Card to make a Purchase of £1500 and then repay that Purchase in 12 monthly repayments you would pay interest of £63 if you pay 7.9% and £130.37 if you pay 16.9%.

KEY INFORMATION

7. CHARGES

7.1 If you break the terms of this Agreement we may charge you the following, where relevant, to cover the additional cost caused to us:

  • £16 each month you go over the Credit Limit, even if we authorised the Transaction which resulted in you exceeding the Credit Limit;

  • £16 if you do not keep up the payments on the Account;

  • £16 for any payment returned or recalled for any reason; and

  • any costs and expenses reasonably incurred by us as a result of your breach of this Agreement.

7.2 We will charge:

  • £2 for any payment to the account other than by Direct Debit, debit card, BACS, or transfer from an Egg Savings Account;

  • 2.65% commission on all Transactions which have to be converted into sterling (see Condition 9.2 of the Egg Money Conditions;)

  • a handling fee of 2.5% of the amount of each gambling transaction (minimum fee £2.00);

  • £2 for each paper statement; and

  • if you ask us for any non-standard service, an amount which we will tell you before we provide the service.

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult.

IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce the agreement without getting a court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the amounts you owe under the agreement.

2) If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, us or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

THEFT, LOSS OR MISUSE OF EGG MONEY CARD

If your Egg Money card is lost, stolen or misused by someone without your permission, you may have to pay up to £0 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc, as long as you confirm this in writing within seven days.

Egg Money Conditions

8.1 In this Agreement:

Account means the Card account we open in your name.

Additional Cardholder means a person you have asked us to give a Card to so that they can use the Account.

Agreement means the Egg Money Agreement (formerly the Egg Card (blue) Agreement for those who applied before 8 September 2005) and these conditions as varied by us from time to time.

Balance means the amount on the Account which may be an amount you owe to us or we owe to you.

Card means any Egg Money card (formerly the Egg Card (blue)) we give you or an Additional Cardholder which is linked to the Account.

Cash Advance means obtaining cash, foreign currency or travellers' cheques using a Card or the Card number.

Cash Back is a cash payment which we give you under Condition 13 as a reward for using the Card for Purchases.

Charges means the interest and charges payable by you as set out in Conditions 4, 7 and 10 of this Agreement.

Credit Limit means the limit on the amount you can borrow from us on the Account at any time. This will be a limit set by us or a lower limit you choose from time to time.

gambling transaction means a transaction that we recognise as having been made at an establishment where gambling is carried out, whether or not the purpose of that transaction is for gambling activities.

Group means means Citigroup Inc.and its group of companies including Egg Banking plc.
This definition of "Group" applies to all agreements made on or after 1 May 2007, as we are now a member of the Citigroup Inc group of companies. We will be contacting all existing customers shortly in relation to our change of ownership from the Prudential group.

Linked Supplier means a person or company which provides additional benefits or services to you under an arrangement with us.

Payment means any payment you tell us to make by direct bank transfer or other available method from the Account for, or to the account of, any person in the UK.

Payment Date means the day (except Saturdays, Sundays and public holidays) which is 19 days after your monthly statement date.

Personal Information means the information described in Condition 23.1. PIN means your personal identification number.

Promotional Balance means the amount (including interest on that amount) you owe us on the Account for Transactions made under a Special Promotion.

Purchase means a purchase of goods or services using the Card or the Card number.

Revolving Balance means the amount you owe us on the Account excluding Promotional Balances and (only for the duration of any introductory promotional rate period for Purchases) any Transferred Balances made during that period.

Secure Area means that part of our operation which can only be accessed on the Egg website, or by telephone by Egg customers who have been through our security checks.

Special Promotion means a promotion we may make available to all or some cardholders from time to time (excluding introductory offers available to new card holders).

Statement Total means the total amount you owe us on the Account on each statement date. The Statement Total will be stated in your monthly statement.

Transaction means any Purchase or Payment made or Cash Advance taken by you or an Additional Cardholder, using the Card or the Card number including any payments you ask us to make under Condition 9.3.

Transferred Balance means the amount you owe us on any sum you transferred to us under Condition 9.3.

UK means England, Wales, Scotland and Northern Ireland.

we, us, our means Egg Banking plc of Citigroup Centre, Canada Square, London E14 5LB, and any business or other person we transfer any or all our rights and responsibilities to under this Agreement.

you, your means the person who signed this Agreement.

9. USE

9.1 We will send a Card to you and any Additional Cardholder as soon as we have opened your Account and will renew it from time to time with the same type of card or replace it with a different type of card which you then qualify for and which is covered by this Agreement. If there are any changes to the services or new ways in which you can use the Card, we will deal with these under Condition 19, and Conditions 19.2 and 19.3 will then apply. The Cards belong to us. We can ask you to give them back or ask others to return them to us at any time. You and any Additional Cardholder can use Cards for Transactions up to the Credit Limit (and for any other use that we allow). To decide whether you have gone over the Credit Limit we can take into account the amount of any Transaction we have authorised even if it has not yet been charged to the Account.

9.2 We will convert all Transactions in other currencies into sterling. The exchange rate used may differ from the rate when the Transaction was made as exchange rates vary on a daily basis.

9.3 You can ask us at any time:

  • to pay off an amount you, or your Additional Cardholder, owes to another UK lender and transfer it to the Account, as long as the amount transferred would not make you go over the Credit Limit and is not used to discharge your or your Additional Cardholder’s indebtedness to any part of the Egg group of companies;

  • to transfer (by direct bank transfer) an amount from your Account directly to a specified current account held by you or an Additional Cardholder as long as the amount transferred would not make you go over the Credit Limit and is £100 or more.

9.4 You must make sure that Cards are not used to carry out Transactions for illegal purposes or for business purposes.

9.5 We may limit the number of Transactions or amounts withdrawn in relation to any Cash Advance from time to time. Please see www.egg.com for further details.

10. REPAYMENTS

10.1 We may allow you occasional payment holidays. If we do this, we will still charge interest as if a payment was due during the payment holiday.

10.2 Where you make a payment into your Account ("on-account payment") between the statement date and the date your Direct Debit payment for that statement is collected, and the total of the on-account payment and the minimum payment given in that statement exceeds that Statement Total, we will collect as the minimum payment for that statement the difference between the Statement Total and the on-account payment unless you have asked us to collect an amount in relation to that statement which makes the Balance go into credit.

10.3 If you have more than one loan or card product from Egg and fail to keep up payments on those products, we will, unless you tell us otherwise, allocate any sums we recover from you to the product with the highest interest rate. If two or more products are being charged the same interest rate, we will choose how to allocate the payments between those products.

11. OTHER PAYMENTS INTO YOUR ACCOUNT

11.1 You may make other payments into your Account by direct bank transfer (using BACS or the Clearing House Automated Payment System ("CHAPS")), Direct Debit, debit card or cheque.

11.2 Where you make a payment into your Account 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. There may be a charge of £2 for cheque payments.

11.3 Where you make a payment into your Account by direct bank transfer (BACS) or debit card it will normally be added to your Account four business days after you make the payment. Where you make a payment into your Account by CHAPS or Direct Debit it will be added to your Account on the day the payment is received by us. This is normally the day the payment is made (except where payments are received by CHAPS after 2pm when we will treat them as being received on the next business day).

11.4 We are sometimes given value for a payment before the paying bank has checked that its customer has funds to pay it. If this happens and the paying bank reclaims the payment, we will take the amount out of your Account together with any interest we may have paid you on it. If you have made any Transactions during this time and you exceed your Credit Limit you may incur charges under Condition 7.1 as well as interest charges under Condition 4.3.

11.5 If you make payments into your Account the Balance must not be more than £99,999.99.

12. INTEREST ON CREDIT BALANCES

12.1 We will pay you interest calculated on a monthly compound basis on the cleared end of day credit Balance on your Account at the rate from time to time applicable to your Account. This means that interest will only be earned on interest added to your Account from the next statement date. We will tell you the interest rate when you apply for a Card and details of our current interest rates are available on www.egg.com. We may vary this interest rate from time to time in accordance with Condition 19.1.

12.2 Interest earned on your Account will be paid into your Account daily but will be shown on your Account in your monthly statement as a single amount added to the Account on the statement date.

12.3 All interest paid on your credit Balance will be paid net of income tax at the statutory rate (currently 20%), unless you have registered as a non taxpayer by properly completing and sending us the appropriate Inland Revenue Form. If you are a non taxpayer but you have not registered with us, you may be able to reclaim the tax from the Inland Revenue. We reserve the right to pay interest net of tax, even if you have registered as a non taxpayer.

13. CASH BACK, SPECIAL PROMOTIONS AND INTRODUCTORY OFFERS

13.1 Subject to Condition 13.5 below, we will pay a Cash Back on all Purchases (up to a maximum amount of £200 of Cash Back in each twelve month period commencing with the March statement each year up to and including the February statement the following year except for 2005/2006 when the period will run from the September 2005 to February 2006 statement). Cash back values may vary according to the type of Purchase and how it is made. We will tell you what the Cash Back values are when we open the Account and whenever we change them.

13.2 Cash Back you earn each month will be shown in your statement. In March each year, the total value of the Cash Back for the preceding year (and for those who applied before 8 September 2005, in March 2006 the amount of Cash Back earned since 1 September 2005) will be paid into your Account . We will not pay Cash Back if the total amount of Cash Back is less than £5. If, in any year, the Cash Back you earned is less than £5, it will not be carried forward to the following year.

13.3 If:

  • you do not keep up-to-date with your payments;

  • either of us has given notice to end this Agreement; or

  • you go over the Credit Limit in any month,

you may not earn any Cash Back for that month; and if

  • you do not pay the minimum payment in any month; or

  • you are given a refund for a Purchase on which we paid a Cash Back,

we can deduct the Cash Back we gave you that month or on the refunded Purchase.

13.4 If you give us notice to close your Account under Condition 22 we will not pay you any Cash Back you may have earned up to the day your Account is closed.

13.5 We may amend or add to this Condition 13 at any time for any of the reasons specified in Condition 19.1 (including those relating to Charges) and will tell you about the change as set out in Condition 19.2. In particular we may change the Cash Back values, the type of Purchase on which Cash Back is paid, how Cash Back is calculated and how it is paid to you. If we change the way in which we calculate Cash Back this will not affect the calculation in relation to any Purchases you have made before the change takes effect.

13.6 We may stop paying Cash Back by giving you 30 days notice.

13.7 Special Promotions and introductory offers

If you:

  • go over the Credit Limit in any month; or

  • fail to keep up-to-date with your payments (including paying at least the minimum payment),

we may withdraw the benefits provided by any Special Promotion which you would otherwise have received for that month. We may also withdraw the entire benefit provided by an introductory offer if you fail to keep up-to-date with your payments during that introductory offer period.

14. SECURITY

14.1 You (and each Additional Cardholder) must:

  • make sure that all Cards are signed immediately when received;

  • take reasonable steps to keep the Card safe and the PIN secret and secure at all times, even when entering it on a key pad to authorise a transaction (If you do keep a written record of your PIN you must make an attempt to disguise it);

  • tell us as soon as you can if the Card is lost or stolen or you think that it or the Card number may be misused ("lost etc"), or that someone may know the PIN or your statement includes an item which you think is wrong;

  • give us all the information you have about the loss etc. of a Card, Card number or the PIN, and any other information we ask for to help us. We may give the police any information we think will be useful;

  • make sure that if you change your PIN, choose your new PIN carefully;

  • take care when storing or getting rid of information about your Account; and

  • treat e-mails you receive with caution and be wary of e-mails or calls asking you to reveal any personal security details. Neither the police nor we will ever contact you to ask you to reveal your online banking security information (this means you won't be asked for your complete password although you maybe asked for random letters in your password) or your Card PIN.

14.2 You must never:

  • give or allow anyone else to use the Card or Card number, except for a Transaction;

  • tell anyone apart from an Additional Cardholder your PIN (including us);

  • write your PIN on the Card or on anything you usually keep with it. (If you do keep a written record of your PIN you must make an attempt to disguise it);

  • give the Card number to a third party, except for a Transaction, or to report the loss etc. of the Card or if we ask you to do so;

  • use Cards (or the Card number) which you have reported as lost etc. You must cut the Cards in more than two pieces and throw them away;

  • disclose your PIN for mail order payments or at a point of sale (except to enter it on a keypad for transactions with retailers); and

  • interfere with, damage or deface any chip in the Card except when required under this Agreement to cut the Card into two or more pieces.

14.3 You must tell us as soon as you can about the loss, theft etc of a Card by telephoning us on 08451 233 233 from UK, +44 1332 395 919 from abroad. We may ask you to confirm by letter within seven days any relevant information.

14.4 You will not be responsible for any Transaction not authorised by you if it was made either after you have told us under Condition 14.3 that your Card is lost or stolen or may be misused or by someone else using the Card number when the Card is not present (e.g. by post, telephone, Internet).

14.5 If you let someone have your Card, or we can show that you have acted fraudulently, you will be liable for all the Transactions which take place before you tell us that the Card is lost, stolen or may be misused. Unless we can show that you have acted fraudulently or without reasonable care, if your Card is used before you have received it, you will not have to pay anything.

14.6 If you want a third party to collect information about your Egg accounts from us so that it can be aggregated with information about other accounts you have, you may be asked to give your security details and passwords which have been set up to enable you to access the Secure Area ("Passcodes") to that third party. Before doing so you must check that that third party is approved by us. We will not treat the disclosure of your Passcodes to such a third party whom we have approved as a breach by you of the provisions of this Condition 14.

15. ADDITIONAL CARDHOLDERS

You will be responsible and have to pay for all use of the Account by an Additional Cardholder (including any use which makes you break this Agreement) and for ensuring that the Additional Cardholder follows Condition 14 and any other instructions we give you about Card security and giving information to us. To cancel an Additional Cardholder's Card you must comply with Conditions 22.6 and 22.7. An Additional Cardholder has no right to enforce any of the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

16. STATEMENTS

16.1 We will put your statements on the Secure Area once a month and send you an e-mail to tell you it is there. This will show the payments you have made, any Card refunds and all amounts we have put onto the Account since the last statement (including interest earned or charged). If we cannot produce a statement we will use your normal monthly statement date to work out interest and the Payment Date. Statements will remain available on the Secure Area for 12 months. You should check your statement regularly. If there is an entry which seems to be wrong, you should tell us as soon as possible. If we need to investigate a Transaction, you should co-operate with us and the police, if we need to involve them.

16.2 We may send you certain information relating to your Account by SMS text message. As this will be information relating to your Account you should treat this as confidential to you and take steps to prevent others accessing the information, for example, ensuring that messages can only be accessed after a password or PIN has been used. In the future we may introduce a charge for this service under Condition 19.

17. LIMITS OF LIABILITY

We will not be liable:

  • if we are prevented from doing anything we have said we will do under this Agreement because of anything that we cannot reasonably control, including any machine failing to work and industrial disputes;

  • if we do not authorise a Transaction or a Card cannot be used for a Transaction for any reason;

  • for any loss or damage you or any Additional Cardholder suffer as a result of the way you are told that a Transaction is not authorised.

18. REFUNDS AND CLAIMS AND STOPPING PAYMENTS

Once you have made a Transaction you cannot ask us to stop that Transaction. However, you can stop a continuous payment authority if you tell the recipient of the payment in time. Also, if we receive details of a Card refund from a retailer we will credit the Account or if we confirm a Transaction is unauthorised we will refund the disputed amount and any interest charged (unless you have acted fraudulently or without reasonable care), but we will not give refunds otherwise. You cannot use a claim against a retailer to make a claim against us, or refuse to pay us, unless you have a legal right to do so. You cannot transfer any rights against us to anyone else.

19. CHANGES

19.1 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 services and new ways in which you can use the Card or reflect a change in the law or any code of practice (or the way in which they are applied). We may also at any time add a Card fee, handling fees for Cash Advances and Transferred Balances and vary the Charges and interest rates (including the rates applicable to different balances and types of Transactions) 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;

  • for any other valid reason.

19.2 Apart from changes in the interest rates (which are dealt with in 19.3 and 19.4 below), we will give you at least 30 days prior notice of any change or addition to this Agreement which is to your disadvantage (including but not limited to any increase or addition of Charges) and we will let you know of the change by putting messages on your monthly statement or sending you an e-mail, 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.

19.3 We may make interest rate changes or 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 statement notice, letter, by sending you an e-mail, or separate written notice.

19.4 Where the change is to increase the interest rate we charge you under Condition 4.1, provided you have repaid all amounts you owe us and have notified us that the increase in interest rate is the reason for doing so, you have the right to close your Account at any time up to 60 days from the date of the notice referred to in 19.3, so that the higher interest rate does not apply to your Account.

19.5 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.

19.6 We may withdraw or vary services or benefits we give you with the Card at any time without giving notice.

19.7 If you change your name, address, telephone number, mobile telephone number, e-mail address or the bank account from which we collect your monthly payment, you must give us the new details. You must also tell us if an Additional Cardholder changes their name.

20. LIMITING USE OF THE ACCOUNT

We may, without warning and without ending this Agreement:

  • refuse to authorise a Transaction;

  • cancel or suspend the right to use the Account; or

  • refuse to replace a Card.

But we will only do this if it is reasonably necessary to do so.

21. EARLY PAYMENT

21.1 We will ask you to make an immediate payment of:

  • any overdue amounts;

  • any amount over your Credit Limit; and

  • the amount of any Transaction which breaks this Agreement.

21.2 As long as we have sent you the correct notice as required under the Consumer Credit Act 1974, we can ask you to pay the full amount which you owe us under this Agreement if you:

  • seriously or repeatedly fail to comply with your obligations under this Agreement;

  • die; or

  • become bankrupt, or an application for an interim order is made against you under section 253 of the Insolvency Act 1986.

21.3 If you find yourself in financial difficulties, you should let us know as soon as possible. The sooner we 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.

21.4 We may use any credit Balance on this Account to reduce or repay any amounts you owe us on any other account you have with us, either in your name or jointly with anyone else, and if we do this we will tell you as soon as possible.

22. ENDING THIS AGREEMENT

22.1 If you are not happy about your choice of Account, let us know within 14 days of completing your Agreement and we will cancel your Agreement. If you want to cancel your Agreement then you should call us on 08451 233 233. You can also write to Egg Account Servicing, Point North, Waterfront West, Dudley, DY5 1LU, or you can send us a secure e-mail from our website. You should quote your Card number in all correspondence. If you cancel your Agreement, you must repay what we have lent you, and pay all interest and charges applying before cancellation, taking into account any amounts you have already paid to us, within 30 days of cancellation and must cut in more than two pieces and throw away all the Cards we gave to you or an Additional Cardholder. If you do not cancel your Agreement, your Account will remain open until your Agreement is ended in accordance with this Condition 22.

22.2 We can end this Agreement by giving you not less than 30 days' notice by post or e-mail. If there are exceptional circumstances we can end it without advance notice. You can end it at any time by calling us on 08451 233 233 or by telling us to do so by post or e-mail. In all cases this Agreement will continue until you have repaid all amounts you owe us.

22.3 We can end this Agreement early by giving you notice in writing if you seriously or repeatedly fail to meet your obligations under any other agreement you have with us and as a result:

  • we give you notice ending that agreement; and

  • we reasonably believe that you will fail to meet your obligations under this Agreement in a serious way.

22.4 Any benefit or services we provide will end when you give us notice or when our notice is effective unless the terms of the particular benefit or service state otherwise.

22.5 After this Agreement has ended you should ensure that no Transactions are made and that any continuous payment authorities or standing instructions are cancelled by telling the recipient of the payment to cancel them.

22.6 If you want to terminate your Additional Cardholder's Card, please contact us.

22.7 If this Agreement (or an Additional Cardholder's Card) is terminated or cancelled for any reason under this Condition 22, you must cut in more than two pieces and thrown away all the Cards we gave to you or any Additional Cardholder.

22.8 If there is a credit Balance on your Account when the Agreement is ended or cancelled, we will return this credit Balance to you by BACS to the account from which you make your Direct Debit payments under Condition 2.

23. USE AND DISCLOSURE OF PERSONAL INFORMATION

23.1 So that we can provide products and services designed specially for you, we will collect and review all the information which:

  • you give to us, to other Group companies and to 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, 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 Group 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.

23.2 As we develop and improve our products and services and introduce new ways of communicating with you, we will change this Agreement in accordance with Condition 19.

23.3 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 23.1 (Group companies will only do this if you have agreed that they can);

  • and for considering any application you may make to us or them and for this purpose we may share your Personal Information with non-Egg divisions of Egg Banking plc.

23.4 We and other Group companies may disclose your Personal Information:

  • 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. 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 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 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 bank, financial institution or company to whom we may assign or transfer our rights and/or duties under this Agreement; and

  • if we are required or permitted to do so by law.

23.5 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.

23.6 Under the Data Protection Act you are entitled to a copy of your personal data held by us on payment of a fee.

23.7 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.

23.8 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.

23.9 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.

24. GENERAL

24.1 We may transfer to any other person or business any or all of:

  • our rights under this Agreement at any time;

  • our duties (including, without limitation, our duty to lend to you).

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.

24.2 The Card is available to people aged 18 or over who live in the UK.

24.3 This Agreement is governed by the law of England and Wales which will also govern the relationship between us and you before the conclusion of this Agreement. We will always communicate with you in English.

24.4 Other taxes and costs may exist that are not paid through us or imposed by us.

24.5 We will comply with the provisions of the Banking Code. Copies of the Banking Code are available on request or it may be viewed online at www.bankingcode.org.uk.

24.6 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).

24.7 Egg Banking plc is a member of the Financial Services Compensation Scheme which was established under the Financial Services and Markets Act 2000. In respect of deposits with a UK office, payments under the Scheme are limited to 100% of the first £35,000 of a depositor's total deposits with Egg Banking plc. Most depositors, including individuals and small firms, are covered. The Scheme covers deposits made with the offices of the bank within the European Economic Area and deposits denominated in all currencies are treated alike. For more details of the Scheme, go to www.fscs.org.uk.

25. COMPLAINTS

25.1 If you think that we have made an error in relation to any product or service we provide to you 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.

25.2 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.financiaI-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