Fixed Sum Loan Agreement Regulated by The Consumer Credit Act 1974
Fixed Sum Loan Agreement Regulated by The Consumer Credit Act 1974
Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974
1. Contact Details
Creditor
Address
Web Address
2. Customer Details
Name
Address
360.00
360.00
360.00
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Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974
9. Right of Withdrawal/Cooling-Off
9.1 You have the right to withdraw from the Credit Agreement, without giving any reason, before the end of 14 days
beginning with the day after the day on which this Credit Agreement is made; or (if later) when you receive Device. The
right you have to withdraw from this Credit Agreement does not affect your agreement for the purchase of Device (which is
governed by the Pay Monthly Mobile Agreement (including the Equipment Agreement)). If you withdraw from this Credit
Agreement before the end of the cooling off period but after our Change-Your-Mind period (see your Pay Monthly Mobile
Agreement (including the Equipment Agreement) and details on our website), you will have to repay the full Amount of
Credit to purchase the Device outright.
9.2 You need to notify us on one of the numbers listed below or visit an O2 store, giving details of this Credit Agreement.
You must repay the Amount of Credit in full without delay and, in any event, no later than 30 days after giving notice of
withdrawal and you will not have to pay any interest accrued from the date the credit was provided to the date of repaying
it as no interest is chargeable. Please visit an O2 store or call us on one of the numbers listed below and make payment
using your debit or credit card.
9.3 If you do not exercise your right to withdraw, the Credit Agreement will remain in full force and effect and its terms and
conditions will bind you.
10. Early Repayment
10.1 You have a right to repay all or part of the credit early at any time. You must give us oral or written notice of your
intention to make early repayment. If you wish to repay part of the amount due, you must make payment before the end of
the period of 28 days beginning with the day following the day that we receive your notice, or on or before any later date
specified in your notice. Please give us notice orally on our number below or in writing at the address above, giving details
of this Credit Agreement.
10.2 If you partially repay the credit early, we will apply the early repayment evenly across your Instalments. This means
that your Term will remain the same, but your monthly Instalments will decrease to smaller equal monthly Instalments with
your final Instalment rounded up or down to the nearest whole pence accordingly.
11. Barring, disconnection of Airtime Services, locking and latching of Device
Consequences of missed payments
11.1 Missing payments could have serious consequences as further described in clause 15 of the Important Legal Terms.
You may have to repay what you owe early. Your credit records may be affected making it harder or more expensive to
borrow again. It could result in legal proceedings being taken against you to recover what you owe. We may also take
action under your Pay Monthly Airtime Agreement (including the Equipment Agreement), such as barring or disconnecting
your Airtime Services.
Locking and latching of Device
11.2 In certain limited circumstances, such as where we receive your instructions to do so, or where we reasonably
suspect fraud, we may disable or lock Device.
11.3 Under your Pay Monthly Mobile Agreement your Device may also be latched to the O2 network so that it may be used
only with our Airtime Services. If your Device is latched to the O2 network, we shall remove the latch to the extent provided
for in your Pay Monthly Mobile Agreement (and subject to the payment of any fee specified therein), provided that we shall
also remove the latch without any fee or additional charge to you if:
(a) you terminate the Pay Monthly Mobile Agreement as a result of our insolvency or our material breach of that
agreement or you request that we unlatch Device as a result of either of those events; or
(b) you are in breach of the Pay Monthly Mobile Agreement, such a breach is continuing, and you request that we
unlatch Device.
Important Legal Terms
12. The Credit Agreement
12.1 The Credit Agreement consists of the document signed by you and us and these Important Legal Terms. It is linked to
your Pay Monthly Mobile Agreement (including the Equipment Agreement). This Credit Agreement is made on the date of
last signature of the Credit Agreement.
12.2 We shall advance the loan at the time you receive Device described overleaf.
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Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974
13. Repayments
13.1 You will repay the Amount of Credit, shown at clause 4 above (under the heading Amount of Credit ), by the
monthly Instalments and in accordance with the details shown at clause 6 above in the section headed Repayments (the
Instalments ). Punctual payment of each Instalment by direct debit by its due date is an essential term of this Credit
Agreement. You will ensure that any payment authorised by you, is honoured on first presentation whether or not any
payment is due from you.
13.2 Your obligation to make Repayments under this Credit Agreement is not contingent on us providing any good or
service other than Device listed in this Credit Agreement.
14. Disposal of Device
You should not dispose of Device before you have fully repaid the Amount of Credit. Any disposal of Device by you does
not affect your obligation to repay in full the Amount of Credit under this Credit Agreement.
15. Consequences of Default and Missed Payments
15.1 In addition to the consequences of missed payments set out at clause 11, we may serve a default notice on you, on
the expiry of which we may terminate the Credit Agreement and/or require you to immediately repay the outstanding
balance (whether or not accrued due for payment), if you:
(a) fail to pay us the Instalments or other sum due under this Credit Agreement on the dates they are due; or
(b) breach this Credit Agreement in any other material way; or
(c) materially breach the Pay Monthly Mobile Agreement (including the Equipment Agreement); or
(d) (in the case of a breach which can be remedied) you do not remedy a breach under (a)-(c) above within the period
specified in a default or similar notice from us; or
(e) become bankrupt or are unable to pay your debts or if an interim order in bankruptcy is presented or made, or you
become apparently insolvent; or
(f) have a proposal for a voluntary arrangement made in relation to you; or
(g) in Scotland, a grant of trust deed for the benefit of your creditors is presented or made; or
(h) you die; or
(i) you are convicted of an offence involving dishonesty.
15.2 If any of the events in clause 15.1 occurs, in addition to the rights under this Credit Agreement and the Pay Monthly
Mobile Agreement (including the Equipment Agreement), we will also have the right to:
(a) block your SIM Card from using Airtime Services; and/or
(b) terminate your Pay Monthly Mobile Agreement.
15.3 You may be required to pay our reasonable costs (including legal costs) of collecting unpaid sums or otherwise
enforcing this Credit Agreement following your default or an event described in clause 15.1. There are also the following
charges for late or missed payments reflecting our reasonable administrative costs:
5.00 Late payment charge (to cover printing and outsourcing of default notices and arrears notices required by law).
We may vary these charges to reflect the changes in our costs. The rate of interest charged on late payments is 0%.
16. Replacement of Device and Notice of Variation
16.1 If you change your Device during the Change of Mind Period or your Device is replaced under Pay Monthly Mobile
Agreement or Equipment Agreement (such as where for example, the Device is faulty and if you are entitled to a
replacement under the Sale of Goods Act 1979 but the same Device is not reasonably available) and the monthly
Instalments and Amount of Credit do not change, we may record this amendment by issuing a Notice of Variation ( NOV
). The replacement Device will be at least equivalent to the original Device. This Credit Agreement will be deemed to be
amended accordingly. The NOV may be sent via email or electronically and signed by you (including by electronic
signature) before this amendment takes effect.
16.2 For the avoidance of doubt, replacement of a Device under this clause 16 will not be a disposal of a Device under
clause 14 which would entitle us to require you to repay the full Amount of Credit.
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Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974
17. Termination of Pay Monthly Mobile Agreement and early repayment of Credit Agreement.
If your Pay Monthly Mobile Agreement is terminated (for example, if you give notice to terminate it for any reason, or we
receive notice from another network operator that you have used a PAC code), we will treat that as notice to terminate this
Credit Agreement and, other than in circumstances where you terminate your Pay Monthly Mobile Agreement as a result of
our material breach, we will have the right to require immediate repayment of the Amount of Credit (whether or not accrued
due for payment). We will give you notice of our intention to do this and will notify you of the remainder of the Amount of
Credit you owe. We may also be entitled to charge you for early termination of your Pay Monthly Mobile Agreement, as
further set out in that agreement.
18. Right to statements
At any time throughout the duration of this Credit Agreement you have a right to receive a statement, free of charge, which
will show the amount of each Instalment which still remain to be paid, the date on which each is due, any conditions
relating to the payment of an Instalment and a breakdown of each Instalment showing how much comprises capital,
interest and other charges if interest or other charges are applicable. Unless specifically requested by you, you agree that
we may provide you with this and other statements or information in electronic format.
19. Assignment
19.1 You may not assign or transfer your rights under this Credit Agreement to anyone else unless we agree in writing.
19.2 We can assign or transfer our rights and transfer and / or novate our obligations under this Credit Agreement or any
part of it, on the same terms, to any third party. You will execute any form of novation agreement that we may require.
20. Other amendments
We reserve the right to amend this Credit Agreement as required by law or regulation without your consent. We also
reserve the right to periodically vary these Important Legal terms without your consent where reasonably required to
ensure that all consumer contracts are on the same terms. If we wish to exercise such a right we will send a notice of
variation to you setting out the details of the variation not less than 30 days' before the effective date of a change.
21. Notices
21.1 If you change the address you provided at the date of this Credit Agreement as set out above, you must give us
written notice immediately of your new address. We may serve you notices via email or SMS. You must keep your email
address up to date in our records, either through My O2 or by giving us written notice.
21.2 We may give notice to you by sending written notice to your address shown in the Credit Agreement or such other
address as you have notified to us as being the address of your principal residence.
21.3 Notice sent to you by post to your address will be treated as having been received by you on the third working day
(being Monday to Saturday inclusive) following posting.
21.4 Other than as expressly stated in this Credit Agreement, if you wish to send notice or any other communication to us
then you must send it in writing to the address specified on page 1 of this Credit Agreement.
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Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974
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Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974
Contact details:
Call Customer Services from your O2 mobile on 202 (free); from a landline on 03448090202; from abroad +44 344 809
0202 (free from O2 mobile).
Customer Declaration
It is important to read and understand the SECCI, Key
Information and your consumer credit agreement before
accepting the terms below. By signing, you are
confirming that you're over 18, and that you accept the
terms and conditions and agree to enter into the
consumer credit agreement to spread the cost of your
device. By placing your order you are offering to buy the
goods included in your basket.
1. I confirm that the information I have provided is
true and correct.
2. I confirm that I wish to enter into an agreement
with Telefonica on the terms set out in the Fixed
Sum Loan Agreement and the Important Legal
Terms.
3. I confirm that I have been sent and had the
opportunity to review a copy of the CCA before
signing; and that, in good time before I have
signed this, I have had the standard
Pre-Contract Credit Information presented and
sent to me.
4. I have read the Important use of your
information section.
Signature
Signature(s)
Director - Telefnica UK
Limited
Date
08/07/2015
Date