Credit Card Debt - Reduce It! Catalogue Debt - Freeze It! Bank Loans Overdrafts - Manage It! Household Debt - Afford It! Payday Loans Debt - Clear It! Debt Collectors - Stop It!
Take Our 30 second debt test

B2C FINANCE TERMS OF BUSINESS

Introduction

We aim to be fully transparent in all our dealings with you; therefore, these Terms of Business explain our obligations to you and yours to us. Please take time to read them carefully, if there is anything within this document that you do not understand, or would like to discuss, further or have something explained to you, then you should contact us as soon as possible.

 

Important additional information

These Terms of Business apply to all Back2credit clients and explain our responsibilities to you and yours to Back2credit. They may be amended or added to, if we do so we will send you notification and access to the changes. Before we make such changes we will give you 14 days notice.

 

Definition of terms

“Agreement” means the agreement between you and Back2credit made primarily on these Terms of Business.

“Back2credit” means Back2credit, whose registered address is Back2credit, 5 Moreton Avenue, Birmingham B43 7QP. Company registration No. 6828817 or anyone to whom we assign our responsibility and rights under this agreement.

“Cleared Funds” means (a) any banker’s draft, cash or postal orders made payable to Back2credit which, We have received from You; (b) any monies which Back2credit have received into our bank account or Client Account from You by electronic transfer (e.g. bank giro credit transfer, debit card and standing order) and which have not been returned unpaid within four working days, and/or (c) any cheques which Back2credit have received from You which have not been returned unpaid within seven working days.

“Client Account” means the account where any monies held on behalf of Back2credit clients are kept and which is not used for the function of our own business.

“Client Authority Form” means the form enclosed with these Terms of Business which Back2credit ask you to sign to give Back2credit authority to contact your creditors and to act on your behalf.

“Creditors” means all of the people or businesses You have told Back2credit You owe monies to and who are included in your Payment Programme.

“Fees” means the Initial Fee and the Monthly Fee payable by You to Back2credit under these Terms of Business.

“Initial Fee” means 50% of your first two monthly Fee payable which is paid by You to Back2credit as an initial fee for our Services, and which is not used to pay your creditors.

“Monthly Fee” means the monthly fee payable for Back2credit services. This is equal to 16.5% of your Monthly Payment, subject to a minimum of £32.50 and a maximum of £100.00.

“Monthly Payment” means the total amount, which is paid every month by You to Back2credit throughout the Payment Programme.

“Monthly Repayment” means the amount of the Monthly Payment which is distributed by Back2credit on behalf of You to your Creditors.

Payment Programme” means the programme of Monthly Payments by which You repay your Creditors through Back2credit and pay for Back2credit Services, prepared by Back2credit based on the information provided by You, as adjusted from time to time.

“Services” means the services Back2credit agree to provide You under these Terms of Business.

“Term” means the duration running from the beginning of this Agreement as explained in section 1.2 until we cease providing You with Services.

“You” means the individual/s entering into this Agreement named in the Payment Programme.

“DMP” Debt Management Plan is a plan of repayments made to your creditors minus our fees.

 

  1. Appointment and Term

1.1 You appoint Back2credit and we agree to act on your behalf, as debt counsellors and debt adjusters and to provide the Services.

1.2 This Agreement will commence when You confirm Your agreement to these Terms of Business either via telephone or by returning the completed Client Authority Form.

1.3 The Agreement will continue for the Term unless terminated earlier by You or by Back2credit.

1.4 You have a right to cancel Back2credit’s agreement at any time during the first 14 days of the Term. “Days” include Saturdays, Sundays and public holidays. You can do this by writing to us at the above address, email or by telephone on 0800 092 0455 saying you wish to cancel. We will then refund to you any undistributed payments and fees already paid to us that are Cleared Funds.

 

  1. What Back2credit will do

2.1 We will review your finances, covering your income, expenditure, debts, and assets. These must include all debts secured on property or goods, which we will take into consideration but cannot, negotiate reduced payments on. We will calculate your disposable income, based on reasonable living expenses.

2.2 After reviewing your finances, which is reliant upon the information that you supply us, we will identify solutions, which may lead to the resolution of your financial issues, and we will advise you which of those we feel could be best for you. This is to enable you to make an informed decision about which is the most suitable solution for your circumstances.

2.3 We will communicate and negotiate with your Creditors and attempt to agree repayment terms with them of the amounts outstanding. In doing so we shall use the DMP and we shall ensure that the periodic payments that we agree with your Creditors on your behalf do not exceed your disposable income (less our fee) as calculated by us for the same period.

2.4 We shall attempt to agree with your Creditors, that they freeze or reduce their interest charges and that they suspend or withdraw collections or legal activity in connection with your agreements with them. We cannot guarantee that creditors will do this but often they will whilst payment are being made to them.

2.5 We will distribute the Monthly Repayments amongst your creditors within 5 working days of receipt. The monies that we send to your creditors will be the amount that we account for taking into consideration our fee.

2.6 Should your circumstances or any other relevant matter change during the Period, We shall, in consultation with You and your Creditors, review the DMP and if necessary shall make changes to it in agreement with You and with any Creditors concerned.

2.7 From time to time your Creditors will request an update of your financial situation. We will contact You to review your current financial circumstances and update your DMP accordingly. To aid this process we request that payslips are regularly forwarded to Us for review.

2.8 All payments to Us will be made into our Back2credit client account. This account is separate protected account and funds held for distribution to your creditors will be retained for that purpose only.

2.9 During the negotiation process some creditors may continue to charge interest and other recovery charges. We cannot always prevent these charges being levied. These will however be paid off as part of your DMP.

2.10 During the course of time when we act on your behalf you may ask us to negotiate with creditors in order to achieve a full and final settlement of one or all of your debt. In those circumstances, we may need to hold your money in our client account for longer than 5 working days. By signing this document, you are consenting to the fact that we can hold your money for longer than the 5-day period.

2.11 We can only provide advice on the services that we offer.

 

  1. What You will pay

3.1 You will pay Back2credit the Initial Fee, which is 50% of your agreed monthly repayment, which will be retained from your monthly repayments for the first two months.

3.2 Thereafter in month three a monthly fee equal to 16.50% of your agreed monthly repayment will be charged, subject to a minimum fee of £32.50 and a maximum fee of £100 for the reminder of your DMP.

3.3If you do not make your agreed payment in the monthly period, then the monthly fee would still be due and payable for that monthly period as we would need inform and re-set your payment arrangements with your creditors.  We deduct the unpaid fee from the next monthly repayment you make to Us. This amount would never exceed 50% of your monthly repayment.

3.3.1If no payment or communication is received from you for a period of 60 consecutive days, we will terminate your contract and no fees will be applicable.

3.4 In the case of weekly or twice monthly or an amount that is not equal to your monthly disposable income, we will hold this money until we have amassed an amount of money which is equal to your monthly disposable income. As such we will not pay the money to your creditors until we have amassed a full monthly disposable income amount.

3.5 If for any reason we receive monies from you and are unable to credit it to your account as it appears as an unknown deposit. We will: make all reasonable efforts to identify the originator of the funds; during this process, these funds would remain secure in the client account.

 

  1. What You will do

4.1 You will provide Back2credit with full, accurate details relating to your finances This will include your net income, outgoings, Creditors and dependants and You will also provide Back2credit with details of any outstanding judgments against You or any actual or threatened court proceedings.

4.2 You will make the agreed Monthly Payments to Back2credit in accordance with the Payment Programme. If you fail to make a weekly/monthly payment to us, then we cannot make a payment to your Creditors and we reserve the right to issue to you a Notice of Termination of the agreement. In such circumstances, any agreements and/or concessions that we have agreed with your Creditors are liable to lapse. As this is not in your best interests, if you believe that you cannot make your payment on the agreed date then you should contact us immediately so that we can advise you of what steps you and we can take in such circumstances. If we have to send you a Notice of Termination, then we will at the same time inform your Creditors that we can no longer act on your behalf.

4.3 You must inform Back2credit if your personal or financial circumstances changes.

4.4 On occasion your Creditors may not provide Us with balances of your accounts due to their own company procedures. If these circumstances arise then we will ask you to obtain this information for Us and supply us accordingly.

4.5 We cannot be held responsible for any legal action taken against you by your Creditors as a result of fraudulent or incorrect information provided by You at the time of acquiring a loan, HP agreement, credit card or any other form of credit.

4.5 You remain responsible for continuing to pay any secured loans, mortgages or Hire Purchase agreements and all household bills (including insurances).

 

  1. Termination

5.1 You can terminate this contract at any time by writing to us or by telephone on 0800 092 0455. There is no termination fee chargeable by us for doing so. If in the unlikely event that we are still holding money of yours, at this point we will refund this to you unless we are already in the process of paying it to your creditors.

5.2 We may end this agreement by giving You thirty days written notice (By written notice we mean either the sending of a letter to you or an email, sent to an email address that we hold for you which does not return an undeliverable message back to us), in the following circumstances:
(a) the information You have given to Us turns out to be or We suspect that it is materially incorrect, incomplete, fraudulent or otherwise misleading;

(b) You have (or, if ‘You’ includes more than one person, one of You has) a bankruptcy petition issued against You;
(c) You enter (or, if ‘You’ includes more than one person, one of You enters) into an Individual Voluntary Arrangement, Bankruptcy or Debt Relief Order;
(d) We cannot perform our obligations under this agreement because of something beyond our reasonable control. In this case, We will do everything We reasonably can to let You know as soon as possible;
(e) You do or fail to do something, which in our reasonable opinion could damage our reputation or otherwise bring Us into disrepute;
(f) You fail to pay your monthly repayments
(h) You fail to co-operate with the annual review that we must carry out

 

  1. Effect of ending this Agreement

6.1 When this Agreement ends: (a) Back2credit duties and obligations under this Agreement will cease; (b) your liability to your Creditors will continue to the extent that any amounts You owe to your Creditors remain outstanding over and above the repayments made to them under the Payment Programme; and (c) You may within 30 days of the end of this agreement request Back2credit to send You copies of all paperwork received from You or your Creditors that has been retained by Back2credit. (d) We will return any undistributed money that We may be holding for You in our client trust account (e) If you re-engaged onto a plan after termination we would charge an initial fee, thereafter the normal monthly fees would apply.

 

  1. Personal information

7.1Back2credit agrees to keep confidential all information received from or about You in accordance with the Data Protection Act 1998.

7.2You have the right to see any personal data that we hold about you. If you would like to see a copy of this information then please submit a Data Subject Access Request to our office address, for the attention of the Compliance department, enclosing the required fee of £10.

 

  1. Data protection statement

8.1 Back2credit will collect personal information about You both directly from You when You apply for our Services and from your Creditors as authorized by your Client Authority Form. Back2credit may also collect further information as a result of administering your Payment Programme.

8.2 Back2credit will use your personal information to provide our Services to You, and in particular to: (a) organize and supply to You your Payment Programme; (b) negotiate with your Creditors on your behalf; and (c) keep You informed about your Payment Programme and our Services.

8.3 Subject to section 11.5 Back2credit may also use your personal information to contact You to provide You details of other products and services which Back2credit think may be of interest to You, including those offered by selected third parties. Back2credit may share personal information with these selected third parties and they may contact You directly to provide You with details of such products and services.

8.4 You may let Back2credit know if You do not want Back2credit to use or disclose your personal information as set out in section 11.4 above or if you wish to alter the way Back2credit communicate with you.

8.5 Please note that Back2credit may record and monitor your calls to us to help Back2credit to enhance our service.

 

  1. Complaints 

9.1 If you would like to make a complaint you can contact us by telephone on 0800 092 0455 (calls are free from a UK landline and mobiles). Alternatively, you can email help@back2credit.com or write to us at Back2credit, Complaints Department, 5 Moreton Ave, Birmingham, B43 7QP. We will assess your complaint and we will try to do everything that we can to resolve it as quickly as possible. For more information about our complaints process, please visit our website www.back2credit.com. If you are not satisfied with our response or if we fail to respond to you within eight weeks you have the right to refer your complaint to the Financial Ombudsman Service, free of charge. You can find out more about the Financial Ombudsman Service on their website www.financial-ombudsman.org.uk.