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Issued April 2009
Below you will find a full set of your Terms and Conditions including the new and amended wording. Please print or save a copy of these for your records.
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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. In Condition 8, we set out the meanings we have given to some terms in this Agreement.
KEY FINANCIAL INFORMATION
1. CREDIT LIMIT
We will set and tell you the Credit Limit from time to time.
2. REPAYMENTS
Each month you must pay by Direct Debit at least the minimum payment by the Payment Date shown in your statement. Unless we tell you otherwise the minimum payment will be:
- the full Revolving Balance if it is less than £5, but otherwise the greater of:
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2% of the Revolving Balance, or
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the total of (i) interest billed on the statement on the Revolving Balance (ii) 1% of the Revolving Balance (iii) any Card Repayment Protection premium shown on your statement and (iv) billed fees for late or returned payments shown on your statement, or
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£5.
Plus, for each Transferred Balance made during an introductory rate or promotional rate period for Transferred Balances (but only during that period):
- the full amount of the Transferred Balance if it is less than £5, but otherwise the greater of:
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2% of the Transferred Balance, or
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the total of (i) interest billed on the statement on the Transferred Balance and (ii) 1% of the Transferred Balance, or
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£5.
The minimum amount you are required to pay will be shown on your statement but you can pay more if you want to. See Condition 10 of the Egg Card conditions for further details.
We will collect your Direct Debit payment so that it is paid into the Account by the Payment Date.
3. APR
The APR for your Agreement is (as notified to you).
OTHER FINANCIAL INFORMATION
4. INTEREST
4.1 We will charge interest:
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On Purchases put on the Account by (as notified to you) at an annual rate of (as notified to you) fixed until (as notified to you).
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On Transferred Balances put on the Account by (as notified to you) at an annual rate of (as notified to you) until (as notified to you).
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On Cash Advances at a standard variable annual rate of (as notified to you); and
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Otherwise, on Purchases and Transferred Balances at a standard variable annual rate of (as notified to you).
4.2 If you fail to pay the minimum payment as required under Condition 2 or go over the Credit Limit during any introductory period, we will charge interest on
Purchases and Transferred Balances at the applicable standard variable annual rate instead of the rate applicable for that introductory promotion, starting on
the date of the next statement after any failure to pay in accordance with Condition 2, or on the date of the statement showing you to be over your Credit
Limit, as applicable. Once withdrawn introductory Rates will not be reinstated.
4.3 We will charge interest on all amounts making up the Balance on a daily basis at the relevant rate 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 will not charge interest on Charges specified in condition 7.1 that become payable from October 1 2008. 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 We may vary interest rates (apart from fixed rates) and Charges in accordance with Condition 18 of the Egg Card Conditions. The APR does not take these variations into account.
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5. HOW YOUR REPAYMENTS ARE USED
5.1 If you pay up to the minimum payment, we will apply the amount you do pay to reduce what you owe us in the following order:
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interest on any Transferred Balances and the Revolving Balance;
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any Card Repayment Protection premium (if applicable); and
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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 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 an introductory rate or promotional rate (in the order they were put on the Account); and
- the Revolving Balance in the following order:
(i) Charges;
(ii) Transferred Balances that are not charged at any introductory or promotional rates (including any Transferred Balances on which any introductory or promotional rate is no longer charged) and Purchases;
(iii) Cash Advances. 5.3 Please see Condition 10 for information about how your repayments are applied if you are behind with your payments.
5.4 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
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 (as notified to you) based on the annual interest rate which will apply for Purchases after the introductory promotion
period for Purchases.
KEY INFORMATIION
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:
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£16 each month you go over the Credit Limit, even if we authorised the Transaction which resulted in you exceeding the Credit Limit;
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£16 for any Direct Debit, cheque or other item for payment returned unpaid or recalled for any reason;
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£16 each time you fail to make the minimum monthly payment required under Condition 2 by the Payment Date;
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any costs and expenses reasonably incurred by us as a result of your breach of this Agreement.
7.2 We will charge:
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£2 for any payment to the account other than by direct bank transfer (using the Faster Payments Service, BACS or CHAPS), Direct Debit, debit card, or transfer from an Egg Savings Account. Interest will be charged on this fee at the standard annual variable rate applicable to Purchases.
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a handling fee of 3% (minimum fee £5.00) of the amount of each Cash Advance made from an ATM. Interest will be charged on this fee at the standard annual variable rate applicable to Cash Advances.
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a handling fee of 3% (minimum fee £3.00) of the amount of each non ATM Cash Advance. Interest will be charged on this fee at the standard annual variable rate applicable to Cash Advances.
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a handling fee of 3% on each Transferred Balance, or less if we tell you so. No interest will be charged on this fee.
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2.95% commission on all Transactions which have to be converted into sterling (see Condition 9.4 of the Egg Card Conditions). Interest will be charged on this commission at the standard annual variable rate applicable to Purchases.
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£2 for each paper statement. Interest will be charged on this fee at the standard annual variable rate applicable to Purchases.
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if you ask us for any non-standard service, an amount which we will tell you before we provide the service; and
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a top-up fee where the amount of interest charged to your Account on any statement is less than 50p and the fee will be the amount required to make the top-up fee plus that interest equal to 50p. Where this applies, your statement will show a 50p minimum finance charge. Any top up fee will be treated as interest for the purposes of calculating the minimum payment under condition 2. Interest will be charged on the top up fee at the standard annual variable rate applicable to Purchases.
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 this 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 this 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 CARD
If your Egg 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.
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Egg Card Conditions
8. Introduction
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 Card Agreement which includes the Egg Card Conditions as varied by us from time to time.
Balance means the amount you owe us on the Account.
Card means any Egg Card we give you or an Additional Cardholder which is linked to the Account.
Cash Advance means obtaining cash, foreign currency, travellers' cheques, postal orders and gambling transactions, using a Card or the Card number.
Cash Back is a cash payment made under Condition 11
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, subject to a minimum amount of £500.00.
Existing Egg Customer means an Egg Card holder who has an Egg account or another eligible Egg product and had that account (or product) before applying for a Card.
Gambling Transaction means a transaction that we recognise as having been made with an organisation that carries on gambling activities whether or not the purpose of that transaction is for gambling activities.
Group means Citigroup Inc. and its group of companies, including Egg Banking plc.
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 date by which you must make payment in accordance with Condition 2, as shown on your statement.
Personal Information means the information described in Condition 22.1.
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 which is not defined as a Cash Advance.
Revolving Balance means the Balance excluding Promotional Balances and any Transferred Balances on which interest is charged at an initial reduced rate.
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.
Secure Message means a message we send to you and you send to us from the Secure Area of the website.
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 Purchases 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 9.5.
Transferred Balance means the amount you owe us on any sum you transferred to us under Condition 9.5.
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 Egg Card 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 may renew or replace it from time to time (subject to a review of the conduct and level of usage of your Account and any information we hold and receive from third parties about you) 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. You will need to activate your Card in accordance with the instructions we give you before you can use it. 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 that we allow up to the Credit Limit. We will debit your Account with all Transactions, interest and Charges (your liability is subject to Conditions 13.4 and 13.5). 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. We may authorise Transactions which put you over your Credit Limit as a service to you, and you will have to pay Charges under Condition 7.1 if we do so.
9.2 Your consent to Transactions being made is shown (i) at the point of sale, by using the Card and PIN (or where you do not have a PIN, by signing a voucher), (ii) where a Transaction is made remotely e.g. by telephone or using the internet, by giving the Card number and other details requested by the payee (you should not be asked for, or give your PIN number or online banking security details – see Condition 13), (iii) by using your Card and PIN at a cash machine or by giving a continuous payment authority to a third party. A continuous payment authority permits the third party to take payments from your Account until you cancel it with them.
9.3 We may decline Transactions that would put you over your Credit Limit or breach the terms of this Agreement, or if we reasonably believe that you are in, or are getting into, financial difficulties or where there are legal, regulatory or fraud prevention reasons for doing so. For example, we take part in the Verified by Visa online fraud prevention scheme. If you do not register with this scheme when invited to do so, we may not authorise further Transactions with participating organisations.
9.4 We will convert all Transactions in other currencies into sterling on the date they are debited to the Account. The exchange rates used may differ from the rate when the Transaction was made as exchange rates vary on a daily basis. We use the exchange rate set by Visa or MasterCard, depending on the type of Card, and add our commission at the rate specified in Condition 7.2.
9.5 You can ask us at any time:
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to pay off an amount you, or your Additional Cardholder, owes to another UK lender and transfer it to the Account, so long as the amount would not make you go over the Credit Limit, is £100 or more, and is not used to discharge your, or your Additional Cardholder's indebtedness to any Group company;
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to transfer (by direct bank transfer) an amount from your Account 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.
We may limit the amount that can be transferred under this Condition and will notify you when you ask to make a transfer. All requests under this Condition are subject to our approval.
9.6 The services we provide under this Agreement are for your personal use only. You must make sure that the Cards and the Account are not used to carry out Transactions on behalf of, or to receive payments from, any business or other organisation. You must also make sure that cards are not used to carry out Transactions for illegal purposes
9.7 We may limit the number of Transactions or amounts
withdrawn in relation to any Cash Advance from time to time. Please see the Egg Card FAQ's at www.egg.com for further details.
9.8 As part of our responsible lending strategy, we will review your Credit Limit regularly. We will carry out appropriate checks before increasing your Credit Limit. You may tell us not to increase your Credit Limit, and may also tell us to lower your Credit Limit at any time, subject to our minimum Credit Limit requirement of £500. If a review of your Credit Limit leads us to decrease your Credit Limit, we will take account of all factors that we reasonably consider to be relevant and, in any event, we will set your new Credit Limit at a sum which we reasonably believe will be greater than your Balance plus Transactions that have been authorised but not yet charged to your Account when we tell you of the change. In accordance with Condition 1 of this Agreement, we will tell you if we change your Credit Limit.
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10. Repayments
10.1 You must maintain an active Direct Debit to ensure payments are made in accordance with this Agreement. Failure to do this may result in the suspension of your Account under Condition 19.
10.2 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.
10.3 Where you make a payment into your Account by cheque, it will be applied to your Account when the cheque clears. 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.
10.4 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.
10.5 If you pay a fixed amount by Direct Debit, we will increase the amount of your Direct Debit to the amount of the minimum payment if there would be a shortfall, and reduce it to the amount of your Balance if that is less.
10.6 Where you make a payment into your Account by debit card it will be applied to your Account within four business days.
10.7 Any repayments you make will normally be applied first to any overdue minimum payments in the order in which they fell due. Please refer to Conditions 5 and 20 for further details.
10.8 If you have not paid any overdue minimum payments in full by the time of your next statement, we will request payment of any arrears in addition to the minimum payment required that month under Condition 2. The minimum payment requested in your statement will reflect this.
11. Cash Back
11.1 For customers who applied for a Card before 1 October 2001, we will pay a Cash Back on all Purchases. Cash Back values may vary according to the type of Purchase and how it is made. We will set Cash Back values once a year and we will tell you what they are when we set them. We will not change Cash Back values during the year but we can add to the type of Purchase on which Cash Back is payable.
11.2 Cash Back you earn each month will be shown in your statement. In September each year, the total value of the Cash Back for the preceding year (and when you close your Account the amount of Cash Back owed to you) will be paid into your Account. We will not pay Cash Back if the total amount of Cash Back is less than £10. If, in any year, the Cash Back you earned is less than £10, it will not be carried forward to the following year.
11.3 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.
12. Special Promotions
We may make Special Promotions available from time to time. If you fail to pay the minimum payment as required in Condition 2 or go over the Credit Limit during the period of any Special Promotion we will charge interest on Transactions subject to that Special Promotion at the applicable standard annual variable rate instead of the rate applicable for that Special Promotion, starting on the next statement date after any failure to pay in accordance with Condition 2, or on the date of the statement showing you to be over your Credit Limit as applicable. Once withdrawn, promotional rates will not be reinstated. You will not qualify for a Special Promotion if you are in breach of terms of this Agreement.
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13. Security
13.1 You (and each Additional Cardholder) must follow all instructions we give you in relation to security, in particular you must:
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make sure that all Cards are signed immediately when received;
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take all reasonable steps to keep the Card safe and the PIN secret and secure at all times (even when entering it to authorise a transaction);
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never give the Card, Card number or details to anyone (expect when making Transactions or reporting actual or potential misuse to us) or allow anyone else to use them
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never disclose your online banking security information or PIN. Neither the police nor we will ever ask you for this (this means you won’t be asked for your complete password although you may be asked for random letters in your password)
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keep your Verified by VISA security information secret
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never use Cards (or the Card number) which you have reported as lost etc. You must cut any Card you later find, or still have, in more than two pieces and throw it away
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never tamper with the Card or the chip in the Card
13.2 You must tell us as soon as you can about the actual or suspected loss, theft or possible misuse etc of a Card, Card details or PIN 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. You must give us all the information you have, and any information we reasonably ask for in relation to this. We will take all reasonable steps to prevent further use of the Card following such notification.
13.3 You will not be responsible for any Transaction not authorised by you if it was made either after you told us under Condition 13.2 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)
13.4 If you let someone have your Card, 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, or if your Card is used before you have received it, you will not have to pay anything. If you have acted fraudulently, you will be liable for all losses.
13.5 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. 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 13 and any other instructions we give you about the Card security and giving information to us. To cancel an Additional Cardholder’s Card you must comply with Condition 21.6 and 21.7. An Additional Cardholder has no right to enforce any of the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
15. Statements and other important documents
15.1 We will put your statements (which may incorporate notices that we have to give you by law for example, arrears notices or default sum notices) 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, all amounts we have put onto the Account since the last statement and the interest rates that applied. 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 (for example if there is a dispute or transaction(s) you do not recognise), you should tell us as soon as possible within 60 days of the date of the statement. If we need to investigate a Transaction, you should co-operate with us and the police, if we need to involve them.
15.2 We may also, where permitted by law, give you any other documents or notices that we are required to give you by law, or otherwise by post or e-mail.
16. Limits of Liability
We will not be liable:
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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
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if we do not authorise a Transaction or a Card cannot be used for a Transaction for any reason;
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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.
17. 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.
18. Changes
18.1 We can vary any interest rate (other than fixed rates). The variation may take account of factors that are personal to you such as the way in which you conduct your account, or increased or decreased credit risk, as well as factors that apply generally. We will give you at least 30 days advance notice of interest rate increases, and at least 7 days notice of interest rate decreases.
18.2 If we notify you of an interest rate increase under condition 18.1, you can cancel the use of your Card and continue your Agreement with no change to your interest rate if you tell us you wish to do so before the rate change comes into effect, return or destroy all Cards when you notify us, and make no further Transactions. Following notification from you, regular payments that have been set up on your Account will not be paid. It is your responsibility to cancel any continuous payment authorities with the recipient. You will still be required to make payments in accordance with the terms of this Agreement which will continue to apply until the Balance is repaid in full.
18.3 We can make other changes to this Agreement from time to time, including introducing new terms and charges. If we do this, we will give you at least 30 days advance notice if the change is disadvantageous to you (or 60 days notice under Condition 18.5 if that disadvantageous change would apply to your existing balance), otherwise we will give you at least 7 days advance notice.
18.4 All changes will be notified to you personally (for example, by statement notice, e-mail, Secure message or letter).
18.5 If you are unhappy with any change we make, you may end this Agreement in accordance with Condition 21.2. This will mean that you will be unaffected by changes that only apply to new Transactions, for example changes to Transaction fees. If a disadvantageous change would apply to your existing Balance, we will give you at least 60 days advance notice to give you more time to move your balance if you wished to do so. We will remind you of your rights under this Condition when we give you notice.
18.6 We may withdraw or vary any benefits we give you with the Card at any time. We will give you at least 30 days advance notice unless we have a good reason for not doing so.
18.7 If you change your contact details or the bank account from which we collect your monthly payment, you must give us the new details. Please note that if we are unable to contact you by e-mail or post because you have not notified us of any changes, we may suspend the use of all Cards and the Account until you rectify this. This will mean that regular payments that have been set up on your Account will not be paid. You will still be required to make payments in accordance with the Agreement. You must also tell us if an Additional Cardholder changes their name.
18.8 From time to time, we may for commercial reasons, change the insurers who underwrite all or any of our Card related insurance products. In this event, if you hold any of these products, we will contact you with at least 30 days advance notice by post, e-mail or Secure Message to give you details of the proposed new insurer and policy, including any changes to your existing cover or its price. In these circumstances, you authorise us to transfer you to the new policy upon expiry of the notice period, however, you can withdraw this authority by calling us on 0845 233 233, writing to us at Egg, Pride Park, Derby DE99 3GG or by sending us a Secure Message. This may mean that we are unable to offer you alternative cover and we will tell you if this is the case.
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19. Limiting use of the Account
We may, without warning and without ending this Agreement, cancel, or suspend the right to use the Account, if we have good reason to do so. The circumstances in which we may do this include the following:
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if you are in breach of the Agreement
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we reasonably believe you are about to breach this Agreement
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if we have reason to believe you are getting into, or are in financial difficulties. We will take account of information we hold and obtain from third parties, and the way you use your Account in making this decision
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as part of our fraud prevention procedures
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for legal or regulatory reasons
If we do this, we will tell you as soon as possible. We will not be liable for any losses you suffer as a result of any action we take under this Condition.
20. Early Payment
20.1 We may ask you to make an immediate payment of:
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any overdue amounts;
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any amount over your Credit Limit; and
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the amount of any Transaction which breaks this Agreement.
20.2 As long as we have sent you any 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, are sequestrated, or if a proposal is made for a voluntary or other arrangement with all or any of your creditors.
20.3 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 may, at our discretion, tell you that we do not require immediate payment for all or part of any overdue minimum payments, with these sums forming part of your current Balance (which is payable by future minimum payments) and no longer being overdue. We can also tell you where you can get free money advice.
20.4. 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.
21. Ending this Agreement
21.1 If you are not happy about your choice of Account, let us know within 14 days of sending your completed Agreement back to us 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, Riverside Road, Pride Park, Derby DE99 3GG 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 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 21. You may have extended cancellation rights in certain circumstances. If you do cancel your Agreement 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.
21.2 We can end this Agreement at any time. We will normally give you 30 days advance notice by post or e-mail. However, if there are exceptional circumstances, or in any of the circumstances referred to in Condition 20.2, we may end this Agreement immediately and tell you about it afterwards, unless we are required by law to give you notice first. You can end it at any time by telling us to do so by post, e-mail or Secure Message.
21.3 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:
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we give you notice ending that agreement; and
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we reasonably believe that you will fail to meet your obligations under this Agreement in a serious way.
21.4 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.
21.5 If this Agreement is ended by you or us, you must ensure that no further Transactions are made and that any continuous payment authorities or standing instructions are cancelled by telling the recipient of the payment to cancel them. You will still have to pay all sums that you owe us (including Transactions, interest and Charges applied to the Account after the Agreement has ended) in accordance with the Agreement. The Agreement terms allowing the making of new Transactions will no longer be effective, but all other terms will continue to apply until you have repaid your Balance in full.
21.6 If you want to terminate your Additional Cardholder's Card, please contact us.
21.7 If this Agreement (or an Additional Cardholder's Card) is ended or cancelled for any reason under this Condition 21, you must cut in more than two pieces and throw away all the Cards we gave to you or any Additional Cardholder.
22. Use and disclosure of Personal Information
22.1 So that we can provide products and services designed specially for you, we will collect and review all the information which:
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you give to us, to other Group companies and to Linked Suppliers; or
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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 and which we obtain from third parties such as credit reference agencies and Group companies.
22.2 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, e-mail. With your consent, we may also pass information about you to selected third parties so that they may contact you with information about their products and services. Please tell us if you prefer not to receive information about other products or services from us or other Group companies or if you do not want other third parties 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 on the Egg website.
22.3 We will hold and process your Personal Information and disclose it to other Group companies for them to use:
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in the management and operation of your accounts with us or them including making credit assessments and decisions;
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for crime and fraud prevention, and debt recovery;
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for assessment and statistical analysis for our or their business;
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for the purposes set out in Condition 22.2 (Group companies will only do this if you have agreed that they can);
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and for considering any application you may make to us or them.
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22.4 We and other Group companies may disclose your Personal Information (including former names and genders) to credit reference and fraud prevention agencies or registers. We will make searches of your details with credit reference agencies and fraud prevention agencies when we consider your application and during your relationship with us. Credit reference searches will be recorded on your file with the agency. If a number of searches have been made in a short period of time, this may adversely affect other credit applications you make.
22.5 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.
22.6 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 is given by us and others to fraud prevention and credit reference agencies will be recorded by them and shared with other organisations.
22.7 Organisations access and use information recorded with credit reference agencies to prevent fraud and money laundering, for credit assessment and account management, tracing and debt recovery and identity verification.
22.8 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.
22.9 We will also disclose your personal information:
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to our insurers, sub-contractors and persons acting as our agents who have agreed to keep your Personal Information strictly confidential;
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to Linked Suppliers to the extent that they need your Personal Information to provide additional benefits or services to you;
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to any bank, financial institution or company to whom we may assign or transfer our rights and/or duties under this Agreement;
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if we are required or permitted to do so by law.
22.10 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.
22.11 Under the Data Protection Act you are entitled to a copy of your personal data held by us on payment of a fee, currently £10. You should direct any questions about the use of your personal data to the Data Protection Officer, Egg Banking plc, Riverside Road, Derby DE99 3GG.
22.12 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.
22.13 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.
22.14 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.
23. General
23.1 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 1974) will not be affected. You may not assign your rights or liabilities under this Agreement to any other person.
23.2 The Card is available to people aged 18 or over who live in the UK or who have a British Forces Post Office address.
23.3 This Agreement is governed by the law of England and Wales and any dispute which arises in relation to this Agreement will 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.
23.4 Other taxes and costs may exist that are not paid through us or imposed by us.
23.5 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.
23.6 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).
23.7 If we do not enforce any term in this Agreement, or delay in enforcing the term, this will not prevent us from enforcing the term at a later date.
24. Complaints
24.1 If you think that we have made an error in relation to your 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.
24.2 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 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
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