Summary of Terms and Conditions
1. You agree to pay us the Total Amount Payable on the Repayment Date. YOU are responsible for remembering to pay us on time. Although we endeavour to send reminders we are not obliged to do so.
2. You will have right to cancel this Agreement for 14 days, beginning with the day after this Agreement is accepted by us (the "Cancellation Period"). You may exercise this right by giving us notice in writing or any other durable medium accessible to us. .Our email address is info@toothfairyfinance.com. If you do so after we have made the advance, you will still be required to repay the amount of credit and pay the administration fee. If you do not exercise this right to cancel, you will not be able to cancel at a later date.
3. By accepting this Agreement you request us to make the advance prior to the expiry of the Cancellation Period, although you acknowledge that we are not under an obligation to do so. By submitting an application, you confirm your intention to enter an agreement and to create legal relations.
4. If you cancel this Agreement:
(a) As soon as possible and in any event within 30 calendar days from the date on which you notified us of the cancellation, we will refund any sum paid by or on behalf of you; and you must refund any sum paid by or on behalf of us under or in relation to this Agreement.
(b) However, we can charge you for services actually provided by us in accordance with the terms of this Agreement.
5. You may settle this Agreement at any time by notifying us in writing of you intention to do so. Once we receive your instructions we will calculate the amount due.
6. All sums owed under this Agreement shall become due and payable immediately upon us giving notice if:
(a) any sum due is overdue by more than 14 days;
(b) you have provided us with any false information when you entered into this Agreement; or
(c) a statutory demand is served on you or any other steps are taken by you or any other person to make you bankrupt.
7. This Agreement is unsecured.
8. If we do not enforce our rights under this Agreement at any time we will not be prevented from doing so later. We reserve the right to alter our terms and conditions at our discretion.
9. Any notice or demand we give will be assumed to have been properly given if served on you personally, or left or sent by prepaid envelope addressed to you at your current address or last known business or private address. If sent by first class post it will be assumed to have been received by you 48 hours after posting.
10. You grant us permission to contact your employer or residents at any of the addresses submitted by yourselves at anytime as may be reasonably required by us in pursuit of unpaid debts.
11. The Creditor shall include any successors in title or assignees of the Creditor. We may transfer our rights and responsibilities under this Agreement to another person and reserve the right to assign this debt.
12. We are registered at Companies House as CIM Technologies Limited trading as Toothfairy Finance. Our company number is 06144500. Our main business is consumer lending. We are regulated and authorised by the Office of Fair Trading (the "OFT") consumer credit license 615666
13. If you have a complaint, we will investigate it and give any redress to which we feel you are entitled. If you are not happy with our final response, you may have a right to have you complaint dealt with under the Financial Services Ombudsman Scheme. To do so, you would need to notify the Scheme in writing within 6 months of our final response.
14. The law of England and Wales is taken as a basis for the establishment of relations with you prior to the conclusion of the Agreement, and governs the Agreement. The contractual terms and conditions, and the prior information, are in English. We undertake, with your agreement, to communicate with you in English during the duration of this Agreement. This Agreement shall be construed according to the laws of England and Wales whose courts shall be the exclusive courts of jurisdiction.
15. Use of your information
15.1 In considering whether to enter into this Agreement, we may search your record at credit reference agencies. They will add to their records about you, details of our search and your application and this will be seen by other organisations that make searches. Our search of records at credit reference agencies may be linked to your spouse/partner, or other persons with whom you are linked financially. For the purposes of any application or this Agreement you may be treated as financially linked and you will be assessed with reference to "associated records".
15.2 We may also add to your record with the credit reference agencies details of your agreement with us, the payments you make under it and any default or failure to keep to its terms. These records will be shared with other organisations and may be used and searched by us and them in order to:
(a) consider applications for credit and credit related services such as insurance for you and any associated person; and/or
(b) trace debtors, recover debts, prevent or detect money laundering and fraud, and to manage your accounts.
15.3 It is important that you provide us with accurate information. We may check your details with fraud prevention agencies and if you provide false or inaccurate information or we suspect fraud, this information may be recorded. Fraud prevention agency records will be shared with other organisations to help make decisions on credit, motor, household, life and other insurance proposals or claims for you and members of your household. Our credit check might include associate details.
15.4 The Debtor must inform the Creditor in writing within 14 days of any change of name, address, job or any other circumstances relating to his/her ability to discharge his/her liabilities under this Agreement.
15.5 Please write to us at our address stated above if you require details of the credit reference agencies or any other agencies from whom we obtain, and to whom we pass, information about you. You have a legal right to these details. You have the right to receive a copy of the information we hold about you if you apply to us in writing. A fee will be payable
16. We will check your details with one or more credit-reference and fraud-prevention agencies to help us make decisions about your ability to make payments and the goods and services we can offer you. Below, we have given a brief guide to how we, the credit reference and fraud-prevention agencies will use your information. If you would like more information about this please contact us.
We will search at credit-reference and fraud-prevention agencies for information about you and all the people you are applying with. If you are providing information about other people on a joint application, you must make sure they agree that we can use their information to do this. If you give us false or inaccurate information and fraud is identified, we will pass your details to credit reference and fraud-prevention agencies. Law-enforcement agencies (such as the police and HM Revenue & Customs) may receive and use this information.
- We and other organisations may also access and use information about you that credit-reference and fraud prevention agencies give us to, for example:
- check details on applications you make for credit and credit-related services;
- check your identity;
- prevent and detect fraud and money laundering;
- manage credit and credit-related accounts or services;
- recover debt;
- check details on proposals and claims for all types of insurance; and
- check details of employees and people applying for jobs with us.
- When credit-reference agencies receive a search from us, they will record this on your credit file whether your application is successful or not.
- We and other organisations may access and use, from other countries, information recorded by fraud prevention agencies.
- If you want to see what information credit-reference and fraud-prevention agencies hold about you, you can contact the following agencies currently working in the UK. The information they hold may not be the same, so it is worth contacting them all. They will charge you a small fee.
CallCredit
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
Phone: 0870 0601414
Website:www.callcredit.co.uk
Equifax plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
Phone: 0870 010 0583
Website:www.myequifax.co.uk
Experian
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
Phone: 0870 241 6212
Website:www.experian.co.uk
If you give us information on behalf of someone else, you confirm you have given them the information set out in this document, and that they have given permission for us to use their personal information in the way we have described above. If you give us sensitive information about yourself or other people (such as health details or details of any criminal convictions of members of your household), you agree (and confirm that the person the information is about has agreed) that we can use this information in the way set out in this document.
