CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974
Between us: BMI Healthcare Limited, 4 Thameside Centre, Kew Bridge Road, Brentford, Middlesex, TW8 0HF;
and you:
1.0 KEY FINANCIAL INFORMATION
1.1 Credit Limit: The Credit Limit will be determined by us from time to time under this agreement and notice of it will be given by us to you.
1.2 Timing of Payments: Monthly payments are due by the date stated in the Statement, (which will usually be 25 days after the Statement date).
1.3 Amount of Payments: The monthly payment will be an amount equal to at least 5% of the outstanding balance shown on your Statement from time to time, or £25 whichever is the greater. If the outstanding balance shown on your Statement is less than £25, you must pay the full outstanding balance.
1.4 APR: Typical 9.9%APR variable (see assumptions under ‘Total Charge for Credit’ below)
2.0 OTHER FINANCIAL INFORMATION
2.1 Interest Rates
2.1.1 We will charge interest on the Account as follows:
(a) 0% for the first 6 months from the date of debiting the first Purchase to the Account.
(b) Typical 9.9%APR variable after the first 6 months, at 0.79% per month until you make payment in full.
2.1.2 All rates of interest shown are variable unless stated to be fixed.
2.2 How and when interest charges are calculated
2.2.1 Interest is calculated from the date of a Purchase on the daily outstanding balance and applied monthly to the Account on each Statement date.
2.2.2 No interest is charged on a purchase where the amount of the purchase is paid in full by the date stated in the Statement issued immediately following the debit of that amount to the Account.
2.2.3 Interest is applied to the Account monthly on the statement date.
2.3 How we use your repayments
2.3.1 Unless you pay the outstanding balance in full, we will allocate your payments under the agreement in the following descending order:
(a) Towards charges and expenses
(b) Towards payment of interest shown on the latest and any previous Statement;
(c) Towards repayment of all transactions shown on any previous Statement;
(d) Towards repayment of all transactions shown on the latest Statement; and
(e) Towards repayment of any transaction made but not then shown on any Statement.
2.4 Total charge for credit
To give you an example of the cost of borrowing at the time this agreement is made: if you borrowed up to your Credit Limit (e.g. £1500); repaid it over one year in twelve equal monthly instalments and were charged at the purchase rate, the total charge for credit is £1520.18 made up of interest in the sum of £20.18.
2.5 APR
In calculating the APR no account has been taken of any variation which may occur under the agreement of the rate or amount of any item entering into that calculation.
Such a variation will occur if we, at our discretion, for any valid reason, vary the interest rate or add or change any charge or fee included, or to be included, in the total charge for credit. We will give you at least 7 days' prior written notice of any decrease, and at least 28 days' prior written notice of any increase, in the interest rate or of any new or varied charge or fee.
3.0 KEY INFORMATION
3.1 Charges payable under this agreement:
3.1.1 Default Charges: If you breach this agreement, you must pay charges to cover our costs as follows:
(a) £12 for each time a cheque or other item for payment is returned unpaid;
(b)£12 for each time any amount payable by you under the Agreement is not credited to the Account within one day after its due date;
(c) £12 for each time you exceed your agreed Credit Limit.
3.1.2 Other Charges: You must also pay our reasonable costs of taking steps to recover any amount payable by you under this agreement (for example, the costs of tracing you and taking court action).
3.1.3 All charges payable under this agreement are variable.
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 amount you owe under the agreement.
2) If you received unsatisfactory goods or services paid for under this agreement 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 A CREDIT CARD
If your Card is lost, stolen or misused by someone who obtained it without your permission, you may be liable for up to £50 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 of the theft, etc.
YOUR RIGHT TO CANCEL
Once you have signed this agreement you will have a short time in which you can cancel. We will send you exact details of how and when you can do this.
4.0 DEFINITIONS
4.1 Below, we have given definitions of the words and terms used in this agreement.
‘Account’ means any account held in your name under this agreement.
‘Agreement’ means this agreement as entered into by you and us
‘Card’ means any card issued under this agreement and, where the context allows, the Account number.
‘Cardholder’ means the person for whose use a Card is issued.
‘Credit Limit’ means the maximum debit balance allowed on your account from time to time
‘General Healthcare Group’ means us, our subsidiary and parent Healthcare undertakings, and any subsidiary Group undertakings of any of our parent undertakings, from time to time.
‘Purchase’ means any payment by means of a Card.
‘Scheme’ means any person who, under members’ arrangements with us, accepts the Card as payment for goods, services and other items.
‘Statement’ means any statement of account sent to you in accordance with these conditions.
‘We’, ‘us’, means BMI Healthcare Limited, ‘our’, ‘ours’, and any person to whom its ‘ourselves’ rights and/or duties under this agreement have passed or are agreed to pass.
‘You’, ‘your’ means the person who signs this agreement as Customer.
5.0 VARYING THIS AGREEMENT
5.1 We may vary all or any of these conditions at any time upon giving you seven days’ prior written notice if and when it becomes necessary or appropriate to do so in order to comply with legal, fiscal or regulatory requirements, to reflect changes in our credit assessment of you, to reflect alterations in the nature or extent of the service which we are able to provide to you having regard to our systems capabilities and to market practice and conditions, and the level of customer demand to reflect any corporate amalgamation or reconstruction which affects us or to rectify errors, inconsistencies, ambiguities or omissions in them.
6.0 CARD ISSUE
6.1 By signing this agreement, you ask us to issue a Card, and any additional, renewal and replacement Card.
6.2 This agreement is made when it is signed by you and on our behalf. You must be aged 18 years or over.
6.3 Unless and until any termination takes place, we shall issue you and any additional cardholder with renewed cards from time to time.
7.0 ADDITIONAL CARD
7.1 We may (at our sole discretion) issue an additional Card only if you and the person you nominate as an additional Cardholder both sign a request.
7.2 You will be responsible for any additional Card and for any indebtedness arising from its use as if the Card were issued for your use. If you ask, we will suspend an additional Card.
8.0 CARD CARE
8.1 If we issue a Card for your use, you must sign the Card immediately on receipt, keep the Card secure at all times, and not allow the Card to be used by another person.
8.2 If the Card is lost or stolen or may be misused, you must tell us immediately by telephoning BMI Card Department, BMI Healthcare Limited, 020 7009 4560 between 9.00am and 5.30pm, Monday – Friday except bank and public holidays. If we ask, you must confirm this in writing to BMI Card Department, BMI Healthcare Limited, 4 Thameside Centre, Kew Bridge Road, Brentford, Middlesex, TW8 0HF. You must give us all available information, and take all reasonable steps to help us recover a missing Card.
8.3 If the Card has been lost, stolen or misused by someone who obtained it without your permission, you may be liable for up to £50 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses.
8.4 You will not be liable for losses to us which take place after you have told us of the theft, etc, as long as you confirm this to us in writing within 7 days.
8.5 If we issue an additional Card, you must take reasonable steps to ensure that the additional Cardholder does the same in relation to the additional Card issued for his or her use.
9.0 SCHEME MEMBER
9.1 The Card (or the Account number, where our arrangements with the Scheme member allow) may be used only as payment to the Scheme member for goods, services or other items in connection with medical treatment.
10.0 CREDIT LIMIT
10.1 We shall advise you of the Credit Limit on the Account when we send you your card.
10.2 We may vary or withdraw your Credit Limit on giving you notice to that effect.
10.3 The outstanding balance on the Account must not exceed the Credit Limit. If it does, you must pay us the excess promptly after we ask you to do so. This payment is in addition to the minimum payment in the Key Financial Information Section above.
11.0 CARD VALIDITY
11.1 The Card must not be used before or after the period for which it is stated to be valid, or after any notification of its cancellation or withdrawal is given to you either by us or by any person acting on our behalf, or after this agreement ends.
12.0 YOUR RESPONSIBILITY TO PAY
12.1 You must pay us the amount of Purchases, interest and charges under this agreement even if, for any reason:
12.1.1 the Card is used in breach of condition 10,11 or 12;
12.1.2 the Cardholder has not signed (or given other authentication) for the Purchase; or
12.1.3 we have not debited the amount to the Account or paid the Scheme member.
13.0 ACCOUNT
13.1 We will debit to the Account:
(a) Purchases normally within one working day after the Purchase date; and
(b) interest and charges on or around the 20th of the month.
13.2 We will credit to the Account:
(a) payments by you when the payment clears; and
(b) refunds by us and refunds by the Scheme member, promptly after we receive satisfactory evidence for making the refund.
13.3 Payments by you will take effect when the payment clears. We will process payments by you promptly.
14.0 STATEMENTS
14.1 We will send you a Statement each month, while there is a balance on the Account. Statements will show any balance carried over from the previous Statement, debits and credits made during the Statement period, the balance at the Statement date, and the amount and due date of the minimum payment. If we are unable to send you a Statement for any reason, this will not affect your responsibility to pay interest under this agreement.
14.2We may give you notices and other important information by a message on Statements. You must check each Statement carefully, and tell us promptly by telephone if the Statement includes an item that seems to be wrong.
15.0 PAYMENT
15.1 You must pay to us, within 25 days of the date shown on your Statement, the minimum payment shown on your Statement, although you may pay any larger sum you wish.
15.2 You must pay to us on demand the amount by which the balance outstanding on your Account exceeds the Credit Limit of your Account.
15.3 You must pay in sterling from an account held in the United Kingdom:
15.3.1 by credit card;
15.3.2 by cheque, standing order or direct debit from your bank account; or
15.3.3 by cheque drawn by your building society which confirms your identity on the back.
16.0 APPLYING CREDITS
16.1 We will apply any credit towards amounts payable by you in the order in which we debit them to the Account, and after that in any order we choose.
17.0 CREDIT BALANCE
17.1 If any credit balance arises on the Account (for example, as a result of a refund), we will hold the credit balance on trust for your benefit and separately from our own money. We will pay any credit balance to you promptly, if you ask or if this agreement ends, after deducting any amounts likely to be payable by you under this agreement.
18.0 CARD RESTRICTION
18.1 We own the Card and if we ask, you must cut the Card in half and return it to us. We, or anyone acting for us, may keep the Card at any time. For example, we may withdraw the Card and instruct any establishment to keep hold of it if you try to use it.
18.2 If we have a good reason (for example, if you break this Agreement of there is suspected fraud involving the Card, or if there is a change in how you operate the Account or in your financial circumstances, giving us reasonable grounds to believe that you may have difficulty meeting your commitments) and we consider it reasonably necessary, we may (i) suspend, withdraw or restrict the use of the Card and (ii) reduce the Credit Limit and advance limit at any time. We will tell you before we take this action, or as soon as possible afterwards.
18.3 We may issue a replacement Card and change the Account number, for security purposes.
19.0 ENDING THIS AGREEMENT
19.1 We may end this agreement:
(a) if you fail to remedy a breach of this agreement after we have given you an opportunity to do so;
(b) if you become bankrupt or incapable of managing your affairs or if you die, by giving you or your representatives notice in writing; or
(c) by giving you at least 30 days' notice in writing.
19.2 Before we end this agreement under condition 20.1(a) or give notice under condition 20.3, we will comply with any legal requirement (for example, serving a default notice).
19.3 If we end this agreement, you must pay all amounts payable by you under this agreement, and return all Cards to us cut in half, promptly after we give you notice in writing to do so.
19.4 You may end this agreement at any time by giving us notice in writing, paying all amounts payable by you under this agreement, and returning all Cards to us cut in half.
19.5 The terms of this agreement will continue until you have paid all amounts payable by you under this agreement and returned all Cards to us cut in half.
20.0 LIABILITY
20.1 We will not be liable for the refusal of any person to accept or honour the Card, or for any loss caused by circumstances beyond the reasonable control of ourselves, of our employees or of our agents.
21.0 CHANGE OF YOUR DETAILS
21.1 You must tell us promptly in writing of any change of your name or address.
22.0 TRANSFER
22.1 We may transfer our rights and/or duties under this agreement to any person. Any such transfer will not affect your rights under this agreement or any rights you may have against a supplier in respect of a Purchase. You may not transfer your rights or duties under this agreement.
23.0 THIRD PARTIES
23.1 The terms of this agreement may be enforced only by you or by us.
24.0 LAW
24.1 If you live in England or Wales, English law applies to this agreement and courts in England or Wales may deal with disputes in connection with this agreement. If you live in Scotland, Scottish law applies to this agreement and Scottish courts may deal with disputes in connection with this agreement.
24.2 The Card is available only if you live in England, Wales or Scotland.
The following information is provided in accordance with the Financial Services (Distance Marketing) Regulations 2004
Cancellation Rights
The Pre-contract information document and copy agreement refer to your right to cancel after you have signed the agreement. You will have a period of 14 days to cancel beginning on the day after you receive the first card. A further cancellation notice will be sent with the card.
The card agreement, any pre-contract information, and all communications between you and us will be in English.
If you are not satisfied with our service in providing the card and related services, 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 any or our branches or by phoning us. We are a member of the Financial Ombudsman Service. If you are still not satisfied after following our procedures, you can ask the Financial Ombudsman Service 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. Calls may be recorded.
USE OF YOUR INFORMATION
Part I: Customer
In considering your application, renewal or credit status, we will search your record at one or more credit reference agencies. They will add to your record details of our search and your application and this will be seen by other organisations that make searches. We will use a credit scoring or other automated decision-making system when assessing your application.
It is important that you give us accurate information. We may check your details with fraud prevention agencies and, if you give us false or inaccurate information and we suspect fraud, we will record this.
These records will be shared with other organisations and used by us and them:
to help make decisions about credit and credit-related services, such as insurance for you and members of your household; and
to trace debtors, recover debt, prevent money laundering and fraud, and manage your accounts.
For these purposes, we or they may make further searches. Although these searches will be added to your record, they will not be shared with others.
The credit reference agencies and fraud prevention agencies will also use the records for statistical analysis about credit and about insurance and fraud.
Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.
The credit reference agency from whom we obtain and to whom we pass information about you is Equifax Plc. Although we currently do not do so, we may use other credit reference agencies, and fraud prevention agencies, for the purposes described.
Part II: Customer and additional Cardholder
In this Part II:
‘you’, ‘your’ means the person who signs the Agreement as Customer, and any person nominated as an additional Cardholder for the Agreement; and
‘your information’ means any information obtained about you as a result of any application to or agreement with us, and any information about the Account.
We may pass your information to:
our agents and suppliers (for example, processors and insurers), and any other company of the General Healthcare Group and its agents and suppliers, to manage the Account and to conduct, monitor and analyse our business;
the police and any other law enforcement agency, to prevent fraud and theft;
any person to whom any of our rights and/or duties under the Agreement have passed or are agreed or proposed to pass, and any rating agencies, investors and advisers involved; and
any person, to comply with any legal or regulatory requirement applying in any country to any company of the General Healthcare Group
Your information may be transferred to countries that may not have the same level of data protection legislation as inside the United Kingdom. We are responsible for ensuring that your information continues to be adequately protected after any such transfer. You have a right to receive a copy of the information we hold about you if you apply in writing to BMI Card Department, BMI Healthcare Limited, 4 Thameside Centre, Kew Bridge Road, Brentford, Middlesex, TW8 0HF. A statutory fee will be payable. Telephone calls between us and you may be monitored and/or recorded.
