TERMS AND CONDITIONS
  1. padlock Giving your consent- By signing this credit agreement you are agreeing that we may use your information in the way described in these Terms and Conditions and the padlock Your Information notice accompanying this agreement and you confirm (i) having received a copy of this agreement; (ii) that all the information provided in connection with your application for the Loan is true and accurate; (iii) that we may make any enquiries we deem necessary to confirm the accuracy of the information provided and for the purpose of credit assessment; and (iv) that if there are joint borrowers, the Loan Payment Protection Insurance, if selected, will apply only to the first signatory as the person to be covered by the insurance.
  2. Where there are more than one of you references to you means any one or more of you as the context may require and each of you is separately responsible for performing all of your obligations under this Agreement. This is known as "joint and several liability".
  3. You agree to pay us the Instalment Repayments on their due dates and (if you break any of the conditions of this agreement) the Charges on Default.
  4. You authorise us to debit the Instalment Repayments and (if applicable) the Charges on Default from the Service Account.
  5. Any payments you make are allocated as follows: first to pay off any arrears, then to reduce the amount owed on the Loan account and finally to pay off any costs, expenses and charges due.
  6. Insurance Cancellation Rights - for a short time after the agreement is made there is a statutory right to cancel the Loan Payment Protection Insurance. Details are set out in the enclosed 'Your Information' section. If the Loan Payment Protection Insurance is cancelled during the statutory cancellation period the Insurance Loan part of the Loan will be extinguished but this will not affect your obligations to repay the Main Loan under the agreement. The Loan Payment Protection Insurance may also be cancelled at any other time during the Term. If this is done the premium will be rebated and the rebate used by us to reduce the balance of the Loan. This will not affect your obligations to continue to repay the outstanding balance of the Loan and we will advise you of the amended repayments required as a result of such cancellation.
  7. If: -
    1. You fail to make an Instalment Repayment within one month of its due date; or
    2. Any information about you which you provided proves incomplete or inaccurate; or
    3. You die or become insolvent or steps are taken by you or against you for your bankruptcy or any proposal is made for an arrangement or composition with or for the benefit of your creditors; or
    4. Any procedure is used against you to attach or take possession of your property for payment of a debt; or
    5. You use the Loan for a purpose not detailed in section 1(A); then we shall be entitled after the expiry of proper notice to demand immediate payment of the Loan plus interest and Charges on Default less (on payment) any applicable rebate.
  8. Notwithstanding the terms of any security which we hold or may in the future hold, the sums due under this Agreement are unsecured, except for rights arising by operation of law.
  9. If we do not enforce any condition of this agreement, or we delay in enforcing the condition, this will not prevent us from enforcing the condition at a later date.
  10. By signing this agreement you authorise us to drawdown the Loan by (i) crediting the cash loan proceeds to the Destination Account; and (ii) paying over the Insurance Loan proceeds to the Loan Payment Protection provider.
  11. You must sign and return this agreement within 25 days of the date of our signature. The agreement will be made only when we have received the agreement with your signature, we have verified any information you have supplied to us and completed our credit assessment. We will not be obliged to provide the Loan if at the time the Loan is to be drawn (a) we are satisfied that you have broken the terms of the agreement or (b) there has been a change in your financial circumstances, giving us reasonable grounds to believe that you may have difficulty in meeting your commitments.
  12. By signing this agreement you declare and acknowledge in relation to the Loan Payment Protection option which has been chosen [and your chosen level of cover is shown in the Insurance loan details at section 2(A) overleaf]
    1. That the Loan Payment Protection Policy has been received and the insurance cover is accepted on the terms and conditions set out in it and that if there is any dispute between the terms of this agreement and the terms of the Loan Payment Protection Policy then the terms of the Loan Payment Protection Policy will apply;
    2. That you have read your Loan Payment Protection Policy and are eligible for the benefits under the level of cover specified in the Policy you have chosen and understand the conditions, exclusions and qualifying criteria and are:-
      1. Aged between 18-70;
      2. Named as the customer on this agreement, have applied for Loan Payment Protection and have paid or agreed to pay the appropriate premium;
      3. In paid employment or self-employed for at least 16 hours per week in the United Kingdom, or where applicable, you are on statutory maternity or paternity leave, maternity or maternity absence; or retired. If you are working but are absent from work at the commencement of the Loan Payment Protection Policy due to an accident or illness, your accident and sickness cover will not start until you have returned to work for a continuous period for at least one calendar month. For further details of cover when you retire or are aged 65 or over or 72 but less than 80 then please see the Loan Payment Protection Policy;
    3. That this policy does not cover any period of unemployment if you are informed, within the first 30 days immediately after the commencement of the Loan Payment Protection Policy, that you are to lose your work, or you knew it to be impending when you signed the agreement, whether or not you had received official notice;
    4. That any information on this agreement or any information collected by us in connection with the loan application may be used by member Companies of UK Insurance Limited and Direct Line Life Insurance Company Limited for credit insurance purposes. UK Insurance Limited is a member of the Creditor Insurance Anti-Fraud Register (CIAFR) and exchanges all claims information with other participating insurers.
  13. We may allow another person to take over any of our rights and duties under this agreement and you authorise s to give that person any financial or other information. Your rights under this agreement will not be affected.
  14. English law applies to this agreement unless your address is in Scotland where Scottish law will apply.
  15. Communications between you and us will be in English. If you are not satisfied with our service in providing the Loan we have a complaint handling procedure that you can use to resolve such matters. For more information about this procedure you can get a leaflet giving details of the procedures from our address quoted on the agreement or by phoning us. We are a member of The Financial Ombudsman Service. If you are still not satisfied after following these procedures, you can ask the Ombudsman to review the complaint. Alternatively you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone 0845 080 1800.

padlock YOUR INFORMATION

Who we are
Your account is with The Royal Bank of Scotland plc trading as Lombard Direct. For the purposes of Loan Payment Protection insurance, your account is with UK Insurance Limited and Direct Line Life Insurance Company Limited, whose details you will find in your policy documentation. We are a member of The Royal Bank of Scotland Group (the Group). For information about our Group of companies please visit www.rbs.com and click on "About Us", or for similar enquiries please telephone 0131 556 8555 or Minicom 0845 900 5960.

How we use your information and who we share it with
Your information comprises all the details we hold about you and your transactions, and includes information obtained from third parties.

We may use and share your information with other members of the Group to help us and them:

We do not disclose your information to anyone outside the Group except:

We may transfer your information to other countries on the basis that anyone to whom we pass it provides an adequate level of protection. However, such information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.

From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change. If you would like a copy of the information we hold about you, please write to: The Data Protection Manager, Lombard Direct, 250 St Vincent Street, Glasgow, G2 5SH. A fee may be payable.

You agree to tell us straight away if you change your name or address, bank or building society, telephone number or email address or if you wish to change your chosen external account.

padlock Credit reference agencies
We may make periodic searches at credit reference agencies and will provide information to the Group to manage and take decisions about your accounts. This may include information about how you manage your account including your account balance, credit limit and any arrears. We will also provide this information to credit reference agencies who may make this information available to other organisations so that they can take decisions about you, your associates and members of your household. The information may also be used for tracing purposes.

padlock Fraud prevention agencies
If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example when:

We, and other organisations that may access and use information recorded by fraud prevention agencies, may do so from other countries.

We can provide the names and addresses of the credit reference and fraud prevention agencies we use if you would like a copy of your information held by them. Please contact Lombard Direct, 250 St Vincent Street, Glasgow, G2 5SH. The agencies may charge a fee.

REGULATORY INFORMATION
The Royal Bank of Scotland plc trading as Lombard Direct is authorised and regulated by the Financial Services Authority and is entered in the FSA's register and it's registration number is 121882. The FSA register can be accessed at www.fsa.gov.uk/register.

YOUR RIGHT TO CANCEL
You have a right under The Financial Services (Distance Marketing) Regulations 2004 to cancel this agreement once it is made. The period in which you can exercise the cancellation right in respect of the credit advanced to you is 14 calendar days, beginning on the day after we have advised you that the loan agreement is concluded between us. Should you have taken out Loan Payment Protection with us, the period in which you can exercise the separate cancellation right for the Loan Payment Protection is 30 calendar days beginning on the day after we have advised you that the agreement is concluded between us. You can cancel by posting a letter confirming that you wish to cancel this agreement to Lombard Direct, Cyan Building, Adwick Park, Manvers, Rotherham, S63 5AD. You can also give the notice of cancellation by telephone by calling 0800 2 15000. Lines are open Monday to Friday 8am - 9pm, Saturday 9am - 7pm and Sunday 10am - 6pm. If you (a) cancel this agreement (the "main loan") or, (b) where applicable, only the Loan Payment Protection part of it (the "insurance loan"), you will still have to repay (a) the whole amount advanced to you and / or (b) the amount of the insurance loan within a period not exceeding 30 calendar days, beginning on the day you exercise the cancellation right (and in each case we reserve the right to charge costs associated with cancellation, plus interest and costs, should you not repay the sums due within the specified 30 calendar days). If you do not exercise this cancellation right, the agreement entered into between us will be binding on you. Please note if you cancel the main loan the insurance loan is automatically cancelled but you can cancel the insurance loan and leave the main loan intact.