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Terms & Conditions

Borrower Terms and Conditions

These Terms and Conditions form part of the agreement that is made between you (the Borrower named on the Fixed Sum Loan Agreement) and us (Amigo Loans and also anyone we transfer this agreement to). This agreement is secured by the Guarantee and Indemnity provided by your Guarantor. The loan amount will be paid to your Guarantor's bank account – this is to prevent fraud. Upon receipt of the loan amount the Guarantor is required to pay the loan to you directly or for your benefit in accordance with any instructions you give. Some of the words in this agreement are defined and you can find the definitions in the section headed ‘Definitions’.

Pre-contract information

Before you agree to this agreement, you should read the Pre-Contract Information that we have given you. Its contents are important. Once your loan has completed, this agreement will be legally binding. So, if there’s anything that you don’t understand about this agreement, you need to ask us now.

Repaying your loan

You agree to pay us the amount you borrowed and interest, in instalments on the agreed monthly payment date. These payments are very important and you will be breaking this agreement if you do not make them.

Interest and how we work it out

When you borrow money from us, you pay back the amount you borrowed plus interest.

We work out interest every day based on your debt. We add the interest to your debt, on your monthly payment date and when you repay your debt in full.

When you need to pay the monthly payments

You can ask us at any time to change your monthly payment date. We’ll consider your request but we can refuse to change the date. If we want to change the monthly payment date, we’ll tell you at least two months before we make the change (unless you agree to us making the change). Where the monthly payment date is not a working day, the payment will be due the working day after the monthly payment date.

Breaking the agreement

You will have broken this agreement if:

  • you don’t pay your monthly payment on time;
  • you break any of the other terms of this agreement;
  • you made a statement which is false or misleading when you applied for this agreement;
  • a bankruptcy petition is presented against you;

If you are behind with a payment, we seek payment of the overdue amount from you and your Guarantor by taking an amount using debit card details authorised for use under this agreement.

If you are in breach of any term of this agreement we may send you a default notice. On expiry of that notice, we may:

  • close your account; and
  • demand immediate payment of your debt.

We may also take court action against both you and your Guarantor. If we obtain judgment against you we may apply for an attachment of debts/ garnishee order (an order directing that any monies due and owing to you by a third party are paid directly to us), execution against goods order (which may involve a Sheriff/County Registrar going onto your property in order to seize goods), or we may register a judgment mortgage over your property and apply for a well charging order and order for sale of the property (a charge is registered against your property, and the property is thereafter sold and the proceeds are used to discharge the debt).

How we use your payments

When you make a payment, we will use it to pay your balance in the following order. Firstly, we pay any interest that we have added to your debt and secondly we pay it towards the balance of your debt.

Card payment authority

During the pre-payout call, you will give us consent to collect your monthly payments from your debit card. You give us consent to use this (and any other card details you give us) to collect each full monthly payment you owe us until it is paid. We will only ever collect your full monthly payment(s). You can cancel this authority at any time by notifying us. If you cancel this authority you will have to arrange an alternative way to pay (such as direct debit).

Where the card is used as your primary means of making the monthly payment we will exercise the rights under the card payment authority on the monthly payment date. If we are unable to collect the monthly payment on that date we will try to collect from you on the next day. If this is unsuccessful we will make reasonable attempts to contact you and your Guarantor to understand why the payment has not been made and when you are able to make it. If following reasonable attempts we have not managed to contact you we will exercise the rights under the card payment authority the next day and every third day until the next payment is due.

Where the card is not used as your primary means of making the monthly payment, following notification that the primary means of making the payment has not been successful we will exercise the rights under the card payment authority on that day. If this is unsuccessful we will make reasonable attempts to contact you and your Guarantor to understand why the payment has not been made and when you are able to make it. If following reasonable attempts we have not managed to contact you we will exercise the rights under the card payment authority the next day and every third day until the next payment is due.

If we agree a payment plan with you and you fail to make the agreed payment, we will exercise the rights under the card payment authority the next day and every third day until the next payment is due.

Where more than one payment is due we will exercise the rights under the card payment authority to collect the full arrears outstanding and if that is not successful one monthly payment.

For your security we need to verify your debit card against the details you’ve provided. For this ‘pre-authorisation’ check your account must have at least €1 available. Rest assured that this check is not a charge and no funds will be debited from your account. The amount may show as a pending transaction but will be available again within a few days. Once the loan is active we may need to repeat this process, every 9 months, to ensure the card is still valid.

Our rights

If we delay in enforcing our rights under this agreement, it will not affect our rights. We may also accept late payments or partial payments, or cheques and money orders marked payment in full or something similar, without losing any of our rights under this agreement.

Paying your broker

This section only applies to you if you applied to us through a broker or credit intermediary (‘broker’). We may pay your broker a commission (for introducing you to us) of up to 20% of the amount you borrowed. By signing this agreement you give us authority to pay your broker this amount. We will not add this commission to your account.

You must tell us about any changes

Every so often we need to contact you about your account. To make sure we can do this, you must tell us (within seven days) if you’ve changed your home address, your name, your email address, or any phone number that we use to contact you.

You can tell us about any change in writing at our normal address, by phone, or using the ‘My Account’ service at www.amigoloans.ie. If we need to contact you, we’ll send all notices, information and statements to your last known address, which shall be the address shown on this agreement unless we know that you have moved. We may send some notices via email, text message or phone instead.

If you get a new payment card you should provide us with the updated details.

Changing the terms of your agreement

We may change the terms of this agreement and we will tell you about any changes that we make. We may make reasonable and proportionate changes to take account of:

  • market conditions;
  • changes in the cost of providing this service to you;
  • changes, or predicted changes, in legal or other requirements which affect us; and
  • any changes to our system or product development.

This will not affect the protection given to you under s102 of the Consumer Credit Act 1995.

We’ll give you at least 30 days notice (by putting a message in your monthly statement, or by sending you a separate written notice or email) of any change unless it is a change that is to your advantage.

If the change is to your disadvantage, you may, at any time during 60 days starting from the date we give you notice, close your account under this agreement by paying us the debt that you owe at that time. You will not have to pay any extra interest or charges for doing so.

General

The contractual rate of interest will continue to apply to the sums outstanding, both before and after judgment, until we receive payment.

You agree that if any part of this agreement is not valid or cannot be enforced, it will not affect any other part of this agreement.

Sometimes we can’t meet our promises to you because of matters beyond our reasonable control. This would include a problem with a computer system, a third-party supplier (such as the postal service) or an industrial dispute. In these cases, we will not be legally responsible to you.

This agreement applies only to you and you may not transfer it or any of your rights and responsibilities under the agreement. For business reasons, we may transfer our rights under this agreement without your permission provided that we take reasonable steps to ensure that your rights and obligations will not be adversely affected as a result of the transfer.

We may record or monitor phone calls.

Law and language applied to this agreement

Irish Law governs the agreement.

The language used in this agreement and any communication with us will be English.

What you should do if you have a complaint

We’re fully committed to dealing with all complaints, fully and fairly, and in a reasonable time. If you have a complaint about anything we’ve done, please let us know.

You can make a complaint over the phone, on our website at www.amigoloans.ie, or by writing to Amigo Loans Complaints, 38/39 Fitzwilliam Square Dublin 2

You have a right to refer your complaint to the Financial Services and Pensions Ombudsman, 3rd Floor, Lincoln House, 1 Lincoln Place, Dublin 2 by email to [email protected] or by phone on +353 1 567 7000. The European Union has set up an online service to resolve disputes about online transactions. Please visit the Online Dispute Resolution website at ec.europa.eu/odr.

Who regulates us?

Amigo Loans Ireland Limited (trading as “Amigo Loans”) is regulated by The Central Bank of Ireland.

The Central Bank of Ireland, New Wapping Street, North Wall Quay, Dublin 1 is the supervisory authority.

Definitions

‘Debt’ means any money we pay to you or to your Guarantor on your behalf and any interest which is added as a result of this agreement.

‘You’ and ‘your’ means the person who is borrowing the loan from us, whose name and signature appear on the credit agreement.

‘We’, ‘us’ and ‘our’ means Amigo Loans Ireland Limited.

‘Guarantor’, means the person who has agreed to guarantee us full repayment of your loan if you fail to meet any payments due and whose name and signature appear on the guarantee and indemnity.

‘Agreement’ means the Moneylending Agreement and the Borrower Terms and Conditions which together form your credit agreement that you propose to enter into with us (Amigo Loans Ireland Limited) for a personal loan.

‘Guarantee and indemnity’ means an agreement where the Guarantor agrees to be responsible for your debt if you break this agreement, and to compensate us for any and all loss.

‘Account’ means the Amigo Loans account, which is opened in your name when we sign this agreement.

Sharing information

We and other members of our group or certain other selected organisations will use the information you provide to consider any application for a loan. You agree that we may hold and process, by computer or otherwise, any information we gather about you as a result of this agreement and any other agreements or applications you have made with us. Where necessary, for any of the above purposes, as well as to prevent fraud and money laundering, we may release your personal information to our regulators, to other members of our group and to fraud-prevention and law-enforcement agencies or to anyone we transfer our rights and/or duties to under this agreement. We may also release your personal information to others (such as mailing agencies) who carry out certain aspects of the marketing and the administration and processing of this agreement and your application. We may reveal to the Guarantor information supplied to us and details of how you are keeping to the loan agreement (including disputes, arrears and legal proceedings). We may also release information about payments made under the account to the person who introduced you to us (for example, a credit broker).

All countries in the European Economic Area (EEA), which includes Ireland, have similar standards of legal protection for your personal information. We may provide services from centres outside the EEA that do not have a similar standard of data protection laws to Ireland. Where we are sharing information with organisations in another country, we will ensure they agree to apply equivalent levels of protection as we do.

If we are required by law to disclose information – we will ensure the sharing of that information is lawful.

If you write and ask us, you have a right to receive a copy of the information we hold about you. You will need to pay a fee. For general information on your rights in terms of the information we hold about you, please visit: http://www.oic.ie/.

Credit-reference agencies

When you apply for an Amigo Ireland Loan, we will look at your credit file at credit-reference agencies such as The Central Credit Register and the Irish Credit Bureau. The credit-reference agencies will give us credit information about you. This credit search is used to check your identity and your eligibility for a loan. Where we consult a credit reference agency for the purpose of assessing your credit worthiness we will inform you immediately and free of charge of any results of this consultation. The credit reference agencies will add details of our searches and your application to the record which they hold about you. The credit-reference agencies will also add details of your loan agreement with us, the payments you make under it and any default or failure to keep to its terms. Your credit-reference agency records will be seen by other organisations that make searches with those agencies. Information held about you by the credit reference agencies may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records. While you are a customer of ours, we may carry out extra credit searches so we can manage your account.

To prevent fraud, we will check your details with fraud-prevention agencies. If you provide false or inaccurate information and we suspect fraud, we’ll record this. We and other organisations may use and search these records (including access and use from other countries) for example to:

  • help make decisions about credit and credit-related services and other facilities for you and members of your household;
  • trace debtors, recover debt, prevent fraud, and to manage your accounts and other facilities;
  • check details on proposals and claims for all types of insurance;
  • check details of job applicants and employees; and
  • check your identity to prevent money laundering unless you give us other satisfactory proof of identity.

Law enforcement agencies may access and use this information if false or inaccurate information is provided.

If you want to receive details of those credit-reference and fraud-prevention agencies from whom we gather and with whom we record information about you, write to us at Amigo Loans, 38/39 Fitzwilliam Square, Dublin 2. You have a legal right to these details. The credit reference agencies and fraud-prevention agencies will also use the records to analyse statistics on credit and fraud.

Amigo Loans Ireland Limited (trading as “Amigo Loans”) is regulated by The Central Bank of Ireland.

Registered in Ireland, company registration number 609066. Registered Office: One Earlsfort Centre, Earlsfort Terrace, Saint Kevin's, Dublin 2

Guarantor Terms and Conditions

These are the terms which apply to the guarantee and indemnity you will give us. Once the Borrower’s agreement has been entered into, the Guarantee and Indemnity will be legally binding, so if there’s anything that you don’t understand, you need to ask us now.

Some of the words in these Guarantor Terms and Conditions are defined and you can find the definitions in the section headed ‘Definitions’.

Pre-contract information

Before you agree to provide this guarantee and indemnity you should read the Pre-Contract Information that we have given you. Its contents are important.

The loan

We will pay you the loan amount for you to pay to the Borrower – this is to prevent fraud.

Your responsibility

In return for us entering into the Borrower’s agreement (a copy of which you will have seen) with the Borrower, you will:

  • pay the Borrower the amount they borrowed when you receive it from us;
  • agree that if the Borrower fails to make any payment under the Borrower’s agreement to us on the agreed payment date, you will on demand immediately make that payment;
  • guarantee that if we demand you will immediately meet all of the Borrower’s responsibilities under the Borrower’s agreement; and
  • guarantee that the Borrower will carry out all of their responsibilities due and owing under the Borrower’s agreement.

As well as the points above, and as a separately enforceable responsibility, you will indemnify (protect) us and keep us indemnified against any losses, claims, damages or expenses resulting from or arising out of the Borrower’s agreement or if the Borrower breaks any of their responsibilities. You must immediately pay us any loss if we demand it.

Your responsibilities under the guarantee and indemnity are the same as if you were a Borrower. This means we do not have to make any demand on, or take any steps against, the Borrower or any other person, before seeking payment from you under this guarantee and indemnity.

Breaking the agreement

If you or the Borrower breach any term of this agreement or the Borrower’s agreement we may send the Borrower a default notice (and send you a copy). On expiry of that notice, we may:

  • close the account; and
  • demand immediate payment of the full debt.

We may also take court action against both you and the Borrower. If we obtain judgment against you we may apply for an attachment of a debts/ garnishee order (an order directing that any monies due and owing to you by a third party are paid directly to us), execution against goods order (which may involve a Sheriff/County Registrar going onto your property in order to seize goods), or we may register a judgment mortgage over your property and apply for a well charging order and order for sale of the property (a charge is registered against your property, and the property is thereafter sold and the proceeds are used to discharge the debt).

Continuing guarantee

This agreement will not be affected by:

  • any change to the Borrower’s agreement;
  • any other security guarantee or security we take relating to the Borrower’s responsibilities;
  • any time we allow or other compromise in terms of paying off the loan or arrangement, or if we accept late payments or agree to release or not to sue the Borrower or any other Guarantor or indemnifier;
  • any security taken for the Borrower’s agreement or the failure to realise or enforce any security or the failure to take any security;
  • the Borrower dying, becoming bankrupt or insolvent;
  • the Borrower entering a Debt Relief Notice (DRN), Debt Settlement Arrangement (DSA) or Personal Insolvency Arrangement (PIA); or
  • us transferring our rights and responsibilities under the Borrower’s agreement.

Card payment authority

During the pre-payout call, you will give us consent to collect the monthly payments from your debit card if the Borrower fails to pay (or the shortfall in the monthly payment if the Borrower fails to pay the full monthly payment). You give us consent to use this (and any other card details you give us) to collect each full monthly payment you owe to us until it is paid. You can cancel this authority at any time by notifying us. If you cancel this authority you will have to arrange an alternative way to pay (such as direct debit).

Where the Borrower fails to pay the full monthly payment on the due date we will (unless we give you notice that we will delay exercising the rights under the card payment authority) exercise the rights under the card payment authority on the 15th day after the relevant due date. If this is unsuccessful we will make reasonable attempts to contact you to understand why the payment has not been made and when you are able to make it. We may attempt to take payment again under the continuous payment authority, no more regularly than every third day until the relevant payment is made, but we will not do so if we believe that you are experiencing financial difficulties, or you have asked us not to.

If we agree a payment plan with you and you fail to make the agreed payment we will exercise the rights under the card payment authority the next day and every third day until the next payment is due.

Where more than one payment is due we will exercise the rights under the card payment authority to collect the full arrears outstanding and if that is not successful one monthly payment.

Collecting payments from your debit card (or under your direct debit mandate) is not an enforcement of this guarantee and indemnity and we will not need to give you a default notice before we collect this money. “Enforcement” in this guarantee and indemnity means the obtaining of a court judgment and the enforcement of that judgment.

For your security we need to verify your debit card against the details you’ve provided. For this ‘pre-authorisation’ check your account must have at least €1 available. Rest assured that this check is not a charge and no funds will be debited from your account. The amount may show as a pending transaction but will be available again within a few days. Once the loan is active we may need to repeat this process, every 9 months, to ensure the card is still valid.

Independent advice

You should not act as a Guarantor unless you are sure you know exactly what the responsibility is that you are taking on. If you are at all unsure we strongly recommend that you take independent legal advice from your solicitor or the Money Advice and Budgeting Service (MABS). The MABS helpline number is 07610 72000 (and is available Monday to Friday from 9am to 5pm and is contactable at [email protected]).

You must tell us about any changes

Every so often we need to contact you about the Borrower’s agreement. To make sure we can do this, you must tell us within seven days if you’ve changed your home address, your name, your email address, or any phone number that we use to contact you.

You can tell us about any change in writing at our normal address, by phone, or by using our online ‘My Account’ system at www.amigoloans.ie.

If we need to contact you, we’ll send all notices, information and statements to your last known address which shall be the address shown on this agreement, unless we know that you have moved. We may send some notices via email, text message or phone instead.

If you get a new payment card you should provide us with the updated details.

General

You agree that if any part of this guarantee and indemnity is not valid or cannot be enforced, it will not affect any other part of this guarantee and indemnity.

Sometimes we can’t meet our promises to you because of matters beyond our reasonable control. This would include a problem with a computer system, a third-party supplier (such as the postal service) or an industrial dispute. In these cases, we will not be legally responsible to you.

This guarantee and indemnity applies only to you and you may not transfer any of your rights and responsibilities under it. For business reasons, we may transfer our rights without your permission provided that we take reasonable steps to ensure that your rights and obligations will not be adversely affected as a result of the transfer.

There may be taxes or costs that you may need to pay in connection with this guarantee and indemnity but we are not aware of any.

We may record or monitor phone calls.

The law and language that applies to this guarantee and indemnity

Irish law governs this guarantee and indemnity and the Irish courts will have the right to deal with any disputes.

The language used in this guarantee and indemnity, any information and any communication with us will be English.

What you should do if you have a complaint

We’re fully committed to dealing with all complaints, fully and fairly, and in a reasonable time. If you have a complaint about the guarantee and indemnity or anything we’ve done, please let us know.

You can make a complaint over the phone, on our website at www.amigoloans.ie, or by writing to Amigo Loans Complaints, 38/39 Fitzwilliam Square, Dublin 2

You have a right to refer your complaint to the Financial Services and Pensions Ombudsman, 3rd Floor, Lincoln House, 1 Lincoln Place, Dublin 2 by email to [email protected]e or by phone on +353 1 567 7000. The European Union has set up an online service to resolve disputes about online transactions. Please visit the Online Dispute Resolution website at ec.europa.eu/odr.

Who regulates us?

Amigo Loans Ireland Limited (trading as “Amigo Loans”) is regulated by The Central Bank of Ireland.

The Central Bank of Ireland, New Wapping Street, North Wall Quay, Dublin 1 is the supervisory authority.

Definitions

‘Debt’ means any money we pay to you on behalf of the Borrower as a result of the guarantee and indemnity and the Borrower’s agreement and any interest which is added.

‘Borrower’ means the person who is borrowing the loan from Amigo Loans Ireland Limited, whose name and signature appears on the Borrower’s agreement.

‘You’ and ‘your’ means the person whose name appears on the guarantee and indemnity and who has agreed to guarantee full repayment to us of the Borrower’s loan if the Borrower fails to meet any payments due.

‘We’, ‘us’ and ‘our’ means Amigo Loans Ireland Limited (and anyone we transfer this guarantee and indemnity to).

‘Borrower’s agreement’ means the Moneylending Agreement and the Borrowers Terms and Conditions which together form the Borrowers Credit Agreement that the borrower proposes to enter into with us (Amigo Loans Ireland Limited) for a personal loan.

‘Account’ means the Amigo Loans account, which we opened in the Borrower’s name when we sign the Borrower’s agreement.

Sharing information

We and other members of our group (including companies in the UK) or certain other selected organisations will use the information you provide to consider any application to guarantee a loan, how you manage a loan and for marketing. You agree that we may hold and process, by computer or otherwise, any information we gather about you as a result of this guarantee and indemnity and any other agreements or applications you have made with us. Where necessary, for any of the above purposes, as well as to prevent fraud and money laundering, we may release your personal information to our regulators, to other members of our group and to fraud prevention and law-enforcement agencies or to anyone to whom we have transferred our rights and/or duties under this agreement. We may also release your personal information to others (such as mailing agencies) who carry out certain aspects of the marketing and the administration and processing of this guarantee and indemnity and the application. We may disclose to the Borrower your details, information supplied to us and payments. We may also release information about payments made under the account to the person who introduced the Borrower to us (for example a credit broker).

All countries in the European Economic Area (EEA), which includes Ireland, have similar standards of legal protection for your personal information. We may provide services from centres outside the EEA that do not have a similar standard of data protection laws to Ireland. Where we are sharing information with organisations in another country, we will ensure they agree to apply equivalent levels of protection as we do.

If we are required by law to disclose information – we will ensure the sharing of that information is lawful.

If you write and ask us, you have a right to receive a copy of the information we hold about you. You will need to pay a fee. For general information on your rights relating to the information we hold about you, please visit: http://www.oic.ie/

Credit-reference agencies

When you ask to act as a Guarantor we’ll look at your credit file at credit reference agencies such as the Central Credit Register and the Irish Credit Bureau. The credit-reference agencies will give us credit information about you. Where we consult a credit reference agency for the purpose of assessing your credit worthiness we will inform you immediately and free of charge of any results of this consultation. This credit search is used to check your identity and your eligibility to be a Guarantor. The credit reference agencies will add details of our search or your application to the record which they hold about you. Your credit-reference agency records will be seen by other organisations that make searches with those agencies. Information held about you by the credit reference agencies may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records.

While you are a customer of ours, we may carry out extra credit searches so we can manage the account.

To prevent fraud we’ll check your details with fraud-prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this. We and other organisations may use and search these (including access and use from other countries) records for example to:

  • help make decisions about credit and credit-related services and other facilities for you and members of your household;
  • trace debtors and Guarantors, recover debt, prevent fraud, and to manage your guarantee and indemnity, other accounts and other facilities;
  • check details on proposals and claims for all types of insurance;
  • check details of job applicants and employees; and
  • check your identity to prevent money laundering unless you give us other satisfactory proof of identity.

Law enforcement agencies may access and use this information if fake or inaccurate information is provided.

If you want to receive details of those credit-reference and fraud-prevention agencies from whom we gather and with whom we record information about you, write to us at Amigo Loans, 38/39 Fitzwilliam Square, Dublin 2. You have a legal right to these details. The credit reference agencies and fraud-prevention agencies will also use the records to analyse statistics on credit and fraud.

Amigo Loans Ireland Limited (trading as “Amigo Loans”) is regulated by The Central Bank of Ireland.

Registered in Ireland, company registration number 609066. Registered Office: One Earlsfort Centre, Earlsfort Terrace, Saint Kevin's, Dublin 2

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