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0% found this document useful (0 votes)
25 views28 pages

Cca 1 To 9

Uploaded by

jahara6851
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Credit Card Agreement

regulated by the

Consumer Credit Act

1974

This Agreement is between us, NewDay Ltd, 7 Handyside Street, London, N1C 4DA, and you, Miss. Jahra

Pathan, Flat 22, Parkview Apartments, 122, Chrisp Street, London, GBR, E14 6ET.

Your credit intermediary


Clear Score Technology Limited of Vox Studios, VG 203,1-45 Durham Street,Vauxhall,SE11 5JH has acted

as a credit intermediary for this Agreement.

How can you use your account?


You can use your digital card on any credit device (such as Apple Pay or Google Pay or a similar type of

digital wallet) to purchase goods, services and foreign currency. If we tell you that you can, you can also

transfer balances from other card accounts and transfer money into your bank account.

How much can you borrow?


Your credit limit is set by us and notified to you when we open your account. The credit limit is the total

amount you can borrow from us at any one time. We take into account a number of factors when deciding

your credit limit.

We will keep your credit limit under review throughout the time we have this Agreement with you and we

may change it from time to time and will let you know if we do. You can tell us if you do not want us to

increase your credit limit or if you want us to decrease it. See How can you control your credit limit?

and Can we refuse to authorise a transaction, suspend your account or decrease your credit limit?

Your balance must never be more than your credit limit. If it is, you must repay us the amount over your

credit limit immediately. We will usually prevent you from going over your credit limit but if this ever does

happen, this does not mean we have waived the terms of this Agreement or that we will let you do it

again.See What could happen if you miss payments or go over your credit limit?

We may set different limits for purchases, cash transactions, balance transfers, money transfers or travel

money and will let you know what these are. We may change these limits.

How much do you have to pay each month?


You must pay at least your contractual minimum payment each month. See What could happen if you

miss payments or go over your credit limit? You must also immediately pay any amount you owe over

your credit limit and any contractual minimum payments you have already missed.

Your contractual minimum payment must reach your account by the payment due date shown in your

statement. This will be about 17 days from your statement date. Payments will reduce your balance only

when they reach your account. See your statement for information about how long you should allow for

payments to reach your account.

How is your contractual minimum payment calculated?

Your contractual minimum payment will be the higher of:


A. £5 - or if you owe less than £5, the full amount you owe (e.g. if you owe £2 that will be the contractual

minimum payment); or

B. the sum of (i) interest, and (ii) 3.5% of the full amount you owe, (including the interest) as shown on

your monthly statement.

However, if we have moved all or part of your balance to a PayDown Plan at any time (see What happens

if you are not making sufficient payments?) your contractual minimum payment will be:

a. the amount that we calculate you need to pay so that you will pay off the balance you had at the time

we set up your PayDown Plan within a reasonable period, for example, four years (your PayDown

Plan payment); plus

b. a proportion of any remaining balance owed (that is not in your PayDown Plan) calculated as the sum

of twice the amount of interest on that remaining balance.

If the sum of a. and b. is less than c. or d. below, your contractual minimum payment will be the higher of:

c. the sum of (i) interest, and (ii) 1% of the full amount you owe (including your PayDown Plan balance

and interest) as shown on your monthly statement; or

d. £5 - or if the amount you owe (including your PayDown Plan balance) is less than £5, the full amount

you owe (e.g. if you owe £2 that will be the contractual minimum payment).

How do we tell you how much to pay each month?

Unless there has been no movement on your account, we will give you a statement each month and this

will ask you to pay:

• your contractual minimum payment; and

• your recommended extra payment (if any) (see What happens if you are not making sufficient

payments?).

We will show each of these amounts both separately and in the total in your statement. Any unpaid
contractual minimum payments are arrears and are due immediately, together with any overlimit amount.

You can always pay more than the contractual minimum payment, or pay off your entire balance, either

with your monthly payment or at any other time. If you do pay more than the contractual minimum

payment it will take you less time and it will cost you less to pay off your balance.

You must not pay into the account more than you owe us. If you do, and we suspect that this relates to

fraud or money laundering, we may not allow you to use your account.

What happens if you are not making sufficient payments?


As responsible lenders, our aim is to ensure that you are repaying your balance within a reasonable period

whilst also allowing you the flexibility to spread your repayments and better manage your finances. If you

only pay the contractual minimum payment (or close to it) every month, the balance on your account will

take a longer time to pay off and this will cost you more.

We might recommend an extra payment

We will look at your account regularly and if we notice that over a reasonable period of time you have not

made sufficient payments to help you pay your balance down, we may recommend you make an extra

payment in addition to your contractual minimum payment. This is an amount that will help you pay down

your balance more quickly than if you continued with your existing repayment pattern and help you reduce

the amount you are paying for credit. We will let you know how much you should pay and this

recommended extra payment will be shown in your statement each month.

If we suggest that you pay a recommended extra payment, the amount of this may vary each month and

we will request payment depending on how you are paying off your balance, so we may not request it

every month.

You can let us know if you would prefer not to pay the recommended extra payment (see How you can

contact us), but we may contact you, or ask you to contact us, to discuss your account.

You can choose to make a boost payment


You can let us know that you want to set up a Direct Debit or amend your Direct Debit to make a boost

payment each month to help you pay off your balance more quickly. We will calculate this amount, which

will be variable, every month and show the amount on your statement. You may also be able to make a

boost payment by choosing this option when making a payment.

We might put you on a PayDown Plan

If you continue for a further period to make payments that are not sufficient to help you pay your balance

down as explained above, as responsible lenders we may move all or part of your balance to a PayDown

Plan. We may do this as an alternative to restricting or suspending the use of your digital card on your

credit device, or we may also stop the use of your digital card or reduce your credit limit.

When we set up a PayDown Plan, we will take your existing outstanding balance, estimate how much

interest you will incur if you repay it over a reasonable period (for example, four years), and then increase

your contractual minimum payment with the aim of repaying that balance in this reasonable period. In

other words, we will change the way that we calculate the contractual minimum payment so that you have

to pay more each month to ensure that you pay down your balance more quickly and reduce the amount

you are paying for credit. If we allow you to continue to use your account after we have set up a PayDown

Plan, we will also increase the contractual minimum payment you need to make in respect of any new

balances (see How is your contractual minimum payment calculated?).

We will always tell you if we are going to put you on a PayDown Plan so that you know in advance that

your monthly contractual minimum payments are going to increase. If you cannot pay the increased

amount you should contact us to discuss alternatives.

What could happen if you miss payments or go over your credit


limit?
If you do not make your contractual minimum payment or if you go over your credit limit, we will restrict or

suspend the use of your digital card and we may reduce your credit limit. We will also cancel any

promotional offers and you will have to pay the standard purchase interest rate that applies to purchases
from then on. We will tell you if this happens. (see What interest rates and transaction fees do you

have to pay?).

Missing payments could make it more difficult to obtain credit. We may sell your debt and the purchaser

may take legal action (which could include getting a court order giving them the right to payment out of

the sale proceeds of your home or other property) or bankruptcy proceedings to recover any debt owed

under this agreement. If you are having difficulty making your payments, or you think you will in the future,

please contact us as soon as possible.

If, in any month, you do not make your recommended extra payment we may contact you to discuss your

account. In the future we may again recommend that you make an extra payment. If you do not do so, and

you continue to make payments that are not sufficient to help you pay down your balance within a

reasonable period, we may put you on a PayDown Plan.

What interest rates and transaction fees do you have to pay?


For details of how we might vary your interest rates see Can we change the cost of borrowing and
other terms?

Standard Standard Promotional Promotional Transaction


Simple Compound Rates Offer Period Fee
Interest Interest
Rates Rates These rates
(variable) (variable) per apply instead of
per annum annum the standard
rates and are
Simple rate Compound not linked to the
- this is the rate - this Bank of England
actual rate rate shows Base Rate for
we use to the effect of the promotional
calculate charging offer period
how much interest on
interest you interest over
must pay a year
This rate is This rate is
linked to linked to the
the Bank of Bank of
England England
Base Rate Base Rate

Purchases
41.196% 49.94% As we let you As we let you N/A

know at the time know at the

time

Cash
41.196% 49.94% As we let you As we let you N/A
transactions (if
available - know at the time. know at the
including
time.
gambling,
buying lottery
tickets and
foreign
currency).

Balance
41.196% 49.94% As we let you As we let you N/A
transfers (if
available) know at the time know at the

time

Money
41.196% 49.94% As we let you As we let you N/A
transfers (if
available) know at the time know at the

time

If we charge any interest in relation to a transaction, we will charge the same interest rate on that interest

as applies to that transaction.

We will let you know if any other promotional offers are available to you and the rates and periods that
apply.

How do we work out the interest you pay?


We calculate interest from the date each transaction is added to your account, until the date that

transaction has been repaid in full. We work out interest daily and add it to the account on your monthly

statement date. The compound interest rate shown above takes into account the fact that you will pay

interest on interest if you do not repay the amount you owe us in full.

There are some exceptions to this:

• We do not charge interest on any purchases made during your last statement period if you repay your

outstanding balance, including any balance transfers, money transfers, and purchase offers, by the

payment due date and you also paid your previous month's outstanding balance in full by the due

date.

For example, if you start January with a zero balance and you make some purchases using your digital

card in January, you won't see any interest charged on those purchases in your January statement and,

if you repay in full the amount shown in your January statement by the payment due date, you won't

have to pay any interest on those purchases.

However, if you don't repay in full the amount shown in your January statement by the payment due

date, then, even if you don't use your account at all in February, you will have to pay interest on the

purchases you made in January from the date each purchase was added to your account until the day

you pay your balance in full. You also won't benefit from any interest free period on any purchases you

make in February.

We also charge interest on interest so, even if you pay your February statement in full, there may still be

some residual interest to pay in your next statement.


Are there any fees?
Account fees

We do not charge any account fees.

Foreign exchange conversion charge

We do not charge any fees relating to currency conversion.

The card schemes use wholesale market rates to convert any non-sterling transactions on the day the

transaction is processed. You can find the current exchange rates by visiting

www.mastercard.com/global/currencyconversion.

How can you compare the cost of borrowing from us with the cost of
borrowing from another lender?
The Annual Percentage Rate (APR) allows you to compare the cost of borrowing from us with the cost of

borrowing from other lenders. The APR is 49.9% (variable) and the total amount payable is £1467.77.

When we calculate the APR and total amount payable we assume:

• there are no promotional offers in place;

• you keep to the terms of the Agreement and so do we;

• your credit limit is £1,200, you make a single purchase of this amount immediately and you repay this

amount over one year in 12 equal monthly payments together with any interest charged;

• you do not make any other transactions; and

• the interest rates do not change.

Can we change the cost of borrowing and other terms?


Changes to your standard rates because of changes to the Bank Rate (also known as Bank of
England Base Rate)
The standard interest rates that apply to purchases, cash transactions, balance transfers and money

transfers are linked to the Bank of England Base Rate. You can see the current Bank of England Base Rate

on their website at: www.bankofengland.co.uk

If the Bank of England Base Rate changes, we will change our standard interest rates by the same amount

(provided it does not change to less than 0%) within seven working days and we will let you know the new

rate on the next statement we send you (see Where do you find out about payments made to and

from your account?). If you are a new customer we will apply any rate changes on the day after your

second statement date.

Changes to your standard rates for other reasons and changes to any other terms of this
Agreement

As this Agreement has no fixed end date, we cannot predict all of the reasons which could mean that we

might change the interest rates, or other terms of this Agreement, but we have set out specific reasons

why we might do so below. Any change we make will be reasonably proportionate to the impact of the

underlying change on us. We will not make changes to cover the same cost twice, and we will always

ensure that we have a valid reason for making the change (even if it is not one of the reasons set out

below). If the change is not to your advantage and you do not want to accept the change, we will let you

end the Agreement without charge (see How and when can this agreement be ended?).

We may make changes to this Agreement, including the interest rates and all other terms, for any of the

following reasons:

• to reflect an actual, or reasonably expected, change in our underlying costs so as to ensure that our

business is run prudently and maintains a broadly similar level of profitability and competitiveness by

continuing to earn an acceptable return from providing your account. For example if the costs to us of

providing your account (including how much we have to pay to borrow funds to lend to you when you

spend on your account) change, or if we have good reason to expect that they will change, this might

mean we review our prices;

• if we reasonably consider that it makes the terms easier to understand or fairer to you or we
reasonably consider that the change will benefit you or isn't to your disadvantage;

• to reflect a change or development in the technology or systems which we or our industry uses;

• to reflect a change in law, regulation, or industry codes of practice (including where we have a good

reason to expect a change) or to reflect a decision by a court, regulator or the Financial Ombudsman

Service (or equivalent);

• if we are switching the type of digital card or account you have with us, for example because we stop

offering the product you have;

• to introduce or change any benefits or services provided with your account;

• where we have good reason to think that a change in your circumstances, or generally, means that the

risk that you might not be able to repay us has increased. We assess this risk by looking at a number

of different factors including how you use your account and information we get from credit reference

agencies about you; or

• where we have good reason to think that you are not making sufficient payments to pay your balance

down in a reasonable period.

Telling you about changes

We will tell you about any planned change at least 30 days before we make it, unless the change is not to

your disadvantage, when we may give you less notice. We will tell you by including a message in your

monthly statement, by writing to or emailing you separately or by sending you a mobile message or

message using the secure inbox in your mobile app.

If we are increasing an interest rate other than because of a change in the Bank of England Base Rate and

you don't want to accept the new rate, you can tell us this within 60 days of us telling you about it. You can

then repay what you owe us at the unchanged interest rates, which will still be linked to the Bank of

England Base Rate, and you will no longer be able to use your digital card.

How can you control your credit limit?


From time to time we may tell you that a higher credit limit is available to you or you can ask us to

consider giving you a higher credit limit. You can tell us at any time that you would like a lower credit limit,

provided that the new limit is not lower than the balance on your account.

We will give you options to allow you to control your credit limit and you can tell us that:

• you do not want the increased limit that we have offered you; or

• you don't want to receive any future credit limit increases.

You will also be able to let us know:

• never to increase your credit limit without you expressly agreeing to the increase; or

• that we can tell you that we are going to change your credit limit and give you 30 days to tell us that

you do not want the change and if you do not we will increase your limit.

You can change your choices at any time by letting us know.

You should always remember that while a higher credit limit may offer greater flexibility and convenience,

it might also increase the risk of taking on too much debt, which may be costly, or take a long time to pay

off.

How do we apply payments to the different balances?


When you make a repayment to us, we will apply it to the balance shown on your statement first, and then

to any transactions not yet shown on your statement, as follows:

• we will use your payment to pay off balances that are charged at higher interest rates before those

that are charged at lower interest rates; and

• If interest is charged at the same rate on different balances, we will use your payment to pay off the

different balances in the following order: cash transactions, money transfers, balance transfers, other

promotional offer balances and then purchases. If you have more than one promotional offer balance
of the same type at the same rate, we will first apply your payment to the promotional offer balance

that has the earliest start date.

If you have a PayDown Plan, we will apply your repayment a little differently. First, we will apply an amount

equal to that part of your contractual minimum payment that does not relate to your PayDown Plan as

above. Then we will apply the remainder of your payment as follows:

• we will apply an amount equal to your PayDown Plan payment to pay down your plan; and

• we will use the rest to pay off what is left of your balance, paying off balances charged at higher rates

of interest before those at lower rates.

When will the Agreement start?


The Agreement will start on the day that we open your account. You will be able to make transactions as

soon as you activate your digital card on your credit device via the mobile app. The Agreement does not

have a fixed end date. See How and when can this Agreement be ended?

What if you change your mind about this Agreement?


As well as your right to end this Agreement at any time, you have a legal right to withdraw at the start. You

do not have to give us a reason. You can withdraw by writing to us at NewDay Ltd, Customer Service

Department, P.O. Box 171, Sheffield, S98 1JS, or calling us on 0330 838 0115* within 14 days beginning

with the day after you receive confirmation of your initial credit limit, which will be communicated to you

upon notification that your application has been approved. Once you have told us that you want to

withdraw you must pay back everything you have spent on your account, and associated interest, within

30 days. See How can you make a payment? for details of how to pay us. You can contact us for details

of how much interest will be payable per day, (see How you can contact us). If you don't repay us within

30 days we will continue to charge interest as set out in this Agreement.

Can you have any other cardholders?


You cannot have any additional cardholders.

What other features does your account have?


If we have told you that this feature is available to you, you can use your account to:

• buy travel money; and

• take advantage of promotional offers such as balance transfers, money transfers and purchase

offers.

You can also let us know if you want us to suspend or block the use of your account to stop you from

going over the spending limit that you have set for yourself for the statement month. You can do this on

your mobile app.

How do you authorise transactions?


When you make a transaction you must authorise it before we can add it to your account. No-one else

may use your digital card or credit device.

Ways you can use your How do you authorise transactions?


account

Paying for goods and The supplier will tell you what steps are needed to authorise payment.

services at a supplier This could be by signing, by biometric data (such as fingerprint) or other

when you are present e.g. security details we may tell you about.

in a shop
You may be able to use your digital card contactlessly by presenting your

credit device to the contactless reader. You may be asked for other

security details after you have made a certain number of contactless

transactions.

Paying for goods and Using your digital card number and/or other information requested by or
services at a supplier on behalf of the person you are paying, for example a security number,

when you are not present passcode or password.

e.g. online

Making regular, for Provide your digital card details to the supplier. It is important to

example monthly, remember that if you want to cancel the payment you must let us know

payments to a supplier. this. You may withdraw your authorisation at any time up to the end of the

This could be for gym business day (3pm Monday- Friday except English Bank Holidays) before

membership or TV the recurring transaction or other regular payment is due to be paid. We

packages or insurance will use our best efforts to stop these transactions from being charged to

your account but as the supplier initiates these transactions you should

let the supplier know that they should stop doing this. If a regular

payment is taken from your account after you have withdrawn your

authorisation, we will refund the amount, together with any related

interest.

Cash Transactions Providing the security details as required, online or at the counter.

(including online)

gambling such as placing

a bet, buying lottery

tickets, buying gaming

chips and spread betting,

travellers cheques or

foreign currency.

Balance transfers You make a balance transfer by asking us to send a payment from your

account to reduce or repay an amount you owe to another lender. You


Money transfers
make a money transfer by asking us to send a payment from your

account to a current account in your name.

We can limit the number of balance or money transfers you make or only

allow them up to a proportion of your credit limit. You may not make a

balance transfer or money transfer from or to an account outside the UK.

We will ensure that the amount of the payment will be credited to the

other lender or to your current account by the end of the working day after

you have requested the balance transfer or money transfer.

If the payment does not arrive by the working day after you have asked us

to make it, if you ask us, we will contact the bank to whom we sent the

payment and ask them to treat the payment as if it had been made on

time.

If we make a mistake, for example, if we send the transfer to the wrong

place, we will refund your account straightaway and will take off any

interest which we may have added to the account as a result of that

transaction.

After we have processed a balance or money transfer you cannot cancel

it, unless you are able to withdraw from the agreement.

Can you stop payments you have authorised?


You can cancel payments that are due to be made on a future date (for example, if you set up a regular

payment) by contacting us by the end of the business day before the payment is due to be made. You

must also contact the retailer to tell them you have cancelled the payment.
You cannot cancel any other transaction after you have authorised it (for example, it is not possible to

cancel a purchase or cash transaction at the time of payment). In certain circumstances you can ask for a

refund.

When can you claim a refund for a payment you have authorised?
Where you authorise a payment but the amount of the payment is not known (e.g. if the account is used to

pay a hotel bill but the amount of the payment is not known until check out) then, if the payment charged

to your account is higher than reasonably expected, you can ask us to make a refund of the amount

charged to your account, provided you do this within 8 weeks of the date that the payment was charged to

your account. If you do this, we may need to ask you for information to help us find out what happened. If

you are entitled to a refund, we will make it within 10 days of the date that we have all the information we

need to make a decision. You can't ask for a refund if we or the retailer have provided you with

information about the transaction at least 4 weeks before your payment is due and you gave consent for

the transaction directly to us.

If a retailer gives you a refund for a purchase we will only credit it to the account when we receive details

from the retailer. We may treat this refund as a payment to your account.

If you give us the wrong details for a balance transfer, money transfer or other cash transaction, or we can

show that the bank we made the payment to did receive it, we won't have to give you a refund but we will

help you to recover the money (we may charge a fee to cover our costs).

What happens if you think there is a transaction on your account


that you have not authorised?
If the digital card number, biometric data or other security details have been used we will assume the

transaction has been authorised by you. It is important you tell us straightaway by using the contact

details set out below (see How you can contact us) if you do not think a transaction charged to your

account and shown in your statement was made by you.


If you allow someone else to use your digital card or the card number, you will be liable for all transactions

they make until you tell us that the digital card may be misused. You will not be liable for (and we will

refund) any other transactions not authorised by you, including transactions made with the digital card or

card number remotely (for example online, phone or mail order). We will refund the unauthorised

transaction as soon as we can and in any event by the end of the next working day.

Where do you find out about payments made to and from your
account?
Your statement will show all the transactions added to your account since the last statement. If you have

a zero balance and your account has not been used since your last statement date, we won't provide a

statement until after the next time your account has been used.

If you agreed to this, we will make your statements and certain other documents (for example notices of

variation, notices of sums in arrears and notice of default sums) available to you electronically in a

printable and/or downloadable format in your mobile app and/or we will send them to the most recent

email address that we have for you. You must let us know of any changes to your email or other address

via the customer area in your mobile app.

If we send statements and other notices by post we will send them to the most recent postal address we

have for you.

We may choose to supply you with a paper statement.

You must make the contractual minimum payment due each month even if you do not receive a

statement for any reason or have not accessed your statement online. In these cases you must contact us

to find out the contractual minimum payment due that month. Even if you do not receive a statement we

will still charge interest as applicable on the balance of your account.

You must check your statement and must tell us as soon as possible if you think the statement is wrong
or if you do not receive a statement when you expect one, or if you cannot access your online statement.

What steps do you need to take to keep your account secure?


You must:

• take all reasonable precautions to prevent the account from being used for fraud;

• tell us immediately by contacting us via telephone (see How you can contact us) if you think your

credit device is lost or stolen or the digital card number or security details may be used by someone

else or fraudulently; and

• co-operate with us and the police to investigate any unauthorised transactions.

If you tell us that you think your credit device (or digital card number or security details) has been lost or

stolen, we will block the use of your account and remove the digital card from the relevant credit device or

devices that you are using. We will contact you in the most secure way as soon as possible to let you

know when you will be able to use your account again and the outcome of our investigations.

Can we refuse to authorise a transaction, suspend your account or


decrease your credit limit?
We may refuse to authorise a transaction or reissue a replacement digital card, or we may cancel or

suspend your use of the account or reduce your credit limit if not doing so would put us in breach of any

legal requirements that apply to us or we reasonably:

• believe that there is an increased risk that you may not be able to repay the amount you owe us (this

could be because of the way you manage this account or other accounts you have with us,

information we get from credit reference agencies or us finding that you are bankrupt or have made

an arrangement with your creditors, or because you have not been making sufficient payments to your

account and we reasonably believe that you may be in financial distress);

• suspect fraudulent or unauthorised use of the account;


• consider it necessary for the security of the account or digital card;

• suspect that you or third party has committed or is about to commit a crime or other abuse in

connection with use of the digital card or the account;

• consider you have not been using your account regularly.

We may also refuse to authorise a transaction or suspend the use of your account if the transaction you

want to make would mean you going over the spending limit that you have set for yourself.

We may also decrease your credit limit if we consider that your current limit is not affordable for you.

We will tell you as soon as possible (see How we will contact you) if we decide to refuse to make a

balance transfer or a money transfer but, for other transactions, you will usually find out if we have

refused a transaction because you will be asked for payment by another card, cheque or cash. We will tell

you why we have refused the transaction (unless the law prevents us) when you contact us via the mobile

app. We are not responsible if a retailer or supplier refuses to accept your digital card and/or credit

device.

If we suspend your account, you can ask us to lift the suspension if the reason for us suspending the

account no longer exists, but before this happens we may refuse to do so.

You must give us clear and accurate payment instructions or we may not be able to carry out the

transaction.

Using a third party provider (TPP)


A TPP is a third party service provider that is authorised or registered with the Financial Conduct Authority

or another European Economic Area regulator or otherwise permitted by law to carry on certain activities

on your instruction. These include:

• accessing information about your account held with us; and

• initiating payments from your account held with us.


If you use a TPP, the terms of this agreement will still apply.

If a TPP is only asking for information about your account (and is not initiating a payment from your

account with us), we will assume you have given your consent to us providing the information to that

particular TPP and we will provide the information immediately. If the TPP is a card issuer who asks us to

confirm whether you have sufficient credit for it to initiate a card payment from your account, we will only

do so if you have given us your explicit consent to provide information to that particular TPP.

Although you must not, generally, give your security details to anyone else, you may give them to a TPP if

it is necessary to do so to initiate a payment. We may also refuse to allow a TPP to access your account if

we are concerned about unauthorised or fraudulent access by that TPP. If we do this, we will tell you why

(unless doing so would compromise our reasonable security measures or otherwise be unlawful). You

must check the information provided to you by the TPP, to ensure that they are authorised or permitted by

law to provide payment services to you. If we become aware that an unauthorised third party is using your

security details, we may block access to your account.

Can you make a claim against us where you have a claim against a
supplier?
If you purchase any item of goods or any services costing between £100 and £30,000 under this

Agreement you may have a right to claim against us as well as the supplier if, for example, the goods fail

to arrive or are not of satisfactory quality or the supplier made a representation which you relied on about

the goods which was not accurate.

However, if you have a dispute with someone else over a transaction, you must keep making payments to

us while you are resolving it.

How can you make a payment?


Direct Debit Go to your mobile app to set up a Direct Debit which means that we will ask

for a payment from your bank each month automatically. You can choose how

much you want to pay each month as long as it is not less than the

contractual minimum payment, including:

• the contractual minimum payment and any recommended extra payment;

• the contractual minimum payment and a regular boosted payment;

• the full balance ; or

• a fixed amount.

If you have previously opted to pay the contractual minimum payment and we

recommend an extra payment then, unless you tell us you would prefer not to

pay the recommended extra payment, we will increase the amount that we

collect by Direct Debit that month to ensure that your recommended extra

payment is paid. We will tell you how you can let us know that you do not want

to make a recommended extra payment.

If you have opted to pay a fixed amount and this amount is not enough to pay

your contractual minimum payment and any recommended extra payment, we

will increase the amount that we collect by Direct Debit that month to ensure

that these payments are made.

If you pay by Direct Debit and any previous contractual minimum payments

have still not been paid, we will always make sure that the Direct Debit amount

we collect will be sufficient to pay these.

Please note: if we believe your bank may have cancelled your Direct Debit as it
has not been used for an extended period of time, we may not attempt to

collect future payments this way. If this is the case, we will let you know.

Online You can use your mobile app to make payments using a debit card. Allow time

for the payment to reach your account, see your statement for more details.

Internet You can contact your bank or building society to make a payment. Please use

Banking/Telephone the bank details provided on the back of your statement.

Banking
You should use your 16 digit NewDay digital card number as a reference.

What happens if you cannot make a payment or access your


account?
We will not be liable for any loss due to:

• any failure or delay in providing our service caused by strikes, industrial action, failure of power

supplies or computer equipment, or other unusual or unforeseeable causes beyond our reasonable

control; or

• a retailer not accepting your digital card and/or credit device, or the way in which this is conveyed to

you.

How and when can this Agreement be ended?


You can end this Agreement at any time and without charge by giving us notice and paying your balance

in full. We can end the Agreement by giving you 2 months' notice in writing. In each case, you must stop

using the account. The Agreement will continue until you have repaid everything you owe.

We can also close your account after 6 months if your account has been dormant (it has not been used at
all and has had a £0 balance) throughout that period.

If:

• you repeatedly fail to pay contractual minimum payments on time or go over your credit limit; or

• we find that any information you provided as part of your application was materially incorrect or

misleading; or

• you are declared bankrupt or have similar proceedings taken against you; or

• we reasonably suspect any fraud or other criminal activity in connection with this Agreement or you

have been using the account for an illegal purpose;

we can:

• demand immediate repayment of the amount you owe on the account;

• disclose information about you and the conduct of your account to licensed credit reference agencies

(which would make it more difficult for you to borrow in future);

• bring legal action to recover what you owe us (which could include getting a court order giving us the

right to payment out of the sale proceeds for your home or other property); and

• require you to pay our reasonable costs and expenses for taking action to obtain payment, including

legal costs;

but we will give you advance notice and the chance to fix the breach before taking any of these steps

(unless the problem cannot be fixed).

If we choose not to enforce our rights under this Agreement at any time, we may enforce them at a later

date instead.

Clearing your balance


You can pay off all or part of your balance at any time.
We process payments automatically so if we accept a part payment marked "payment in full" or similar

words, we may still claim the full amount outstanding.

Can we transfer our rights and obligations under this Agreement?


We may transfer our rights and our obligations under this Agreement to someone else, including

information about you and how you have managed your account. We will tell you if we do this unless there

are circumstances which mean that the servicing of your account will not change. Your rights under this

Agreement and any legal rights you have, for example, under the Consumer Credit Act 1974, will not be

affected by any transfer. You cannot transfer any rights you have under this Agreement to anyone else.

What law governs this Agreement?


This Agreement and our dealings with you before the Agreement is made are governed by the laws of

England and Wales. Any dispute can be dealt with by an English or Welsh court unless your address is in:

• Scotland (where it will be dealt with by the courts of Scotland); or

• Northern Ireland (where it will be dealt with by the courts of Northern Ireland).

This Agreement will be provided in English only.

Important information

How we use your information


You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the

purposes of providing payment services to you. This does not affect any rights and obligations you or we

have under data protection legislation. You may withdraw this consent by closing your account. If you do

this, we will stop using your data for this purpose, but may continue to process your data for other

purposes.

How you can contact us


You must let us know of any changes to your contact details immediately.

If you need to ask for information, tell us that you want to withdraw from the Agreement or make a

complaint please do so by:

• Chat to us: use the chat bot service within your mobile app

• mobile app: log in to your mobile app and go to 'Need help'

• online: go to www.newday.co.uk and select "contact us"

• call 0330 838 0115*

• write to: NewDay Ltd, Customer Service Department, P.O. Box 171, Sheffield, S98 1JS

We and our authorised agents and representatives may record and/or monitor telephone conversations

with you so that we can maintain our service standards.

If you need to update your contact details, please do so by:

• chat bot: use the chat bot service within your mobile app

• mobile app: log in to your mobile app and go to 'My account'

• online: go to www.newday.co.uk and select "contact us"

How we will contact you


We will communicate with you in English.

We may give you notices or other information about your digital credit card, for example, in your monthly

statements.

We will use the most recent address (post and email) and telephone and mobile numbers you have given

us for all purposes. If we need to contact you about any actual or suspected fraud or security threats, we

will do this using the fastest and most secure way of contacting you (for example, we may try to send a
text message rather than telephone).

How can you make a complaint?


If we do not provide the standard of service you expect, or if you think we have made a mistake, please let

us know so we can investigate, put matters right and take steps to prevent it happening again. You can

contact us using the details above.

If, after contacting our Complaints team, you are not happy with our response to your complaint, you may

be able to refer your complaint to the Financial Ombudsman Service by writing to Financial Ombudsman

Service, Exchange Tower, London E14 9SR, calling 0800 023 4 567 or 0300 123 9 123 or sending an email

to [email protected]. You can find out more about the Financial Ombudsman

service on their website at www.financial-ombudsman.org.uk.

Our credit card customers would not qualify for compensation under any statutory or other compensation

scheme should we become unable to meet our liabilities.

Who we are and how we are regulated


NewDay Ltd is a company registered with the Registrar of Companies for England and Wales, Company

Number 7297722, Registered Office: 7 Handyside Street, London, N1C 4DA.

We provide credit products to consumers and we are authorised and regulated by the Financial Conduct

Authority (reference number 690292); NewDay Ltd is also authorised by the Financial Conduct Authority

under the Payment Services Regulations 2017 (reference number 555318) for the provision of payment

services. The Financial Conduct Authority can be contacted at 12 Endeavour Square, London E20 1JN or

by using the details provided at www.fca.org.uk/contact. We are a member of the Finance and Leasing

Association (the FLA). We subscribe to the code of the FLA.

Taxes
You may have to pay other taxes or costs in relation to this Agreement that are not imposed by us or paid
through us. If we have to pay any tax or duty for providing credit to you, we will charge you the amount of

that tax or duty.

Copies
You may at any time during this Agreement request a copy of this Agreement.

These are the terms and conditions for your digital credit card account. This is an important document as

it explains how your account works and other important things you need to know. It sets out what we

must do and what you must do. Please keep this document safe in case you need to refer to it.

* Calls may be recorded and monitored for training and security purposes and to help us manage
your account

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