Use of this website
By accessing this website, you agree to be bound by the following Terms and Conditions:
Business Conditions are located below these terms of use.
Definitions
“Conditions” means these terms and conditions: “Personal Information” means any personal details provided by you via the Website; “User(s)” means (a) user(s) of the Website either collectively or individually, as the context requires; “We/us/our” means MoneyPlus Group Ltd, “Website” means the website located at www.chiltern.uk.com or www.chilterndebtmanagement.co.uk or any subsequent URL which may replace it; and “You/your” means you as a user of the Website.
1 Access
We will provide you with access to the Website in accordance with these Conditions.
2 Your Obligations
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
3 Indemnity
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
4 Our Rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
5 Third Party Links
In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
6 Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7 Your Data
7.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy (below), which forms part of these Conditions.
8 Intellectual Property and Right to Use
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
8.2 The Website is Copyright MoneyPlus Group Limited 2011. All rights reserved.
9 Notices
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to MoneyPlus Group, Lawson House, 22-26 Stockport Road, Altrincham, Cheshire, WA15 8EX;
9.1.2 by email to info@chiltern.uk.com
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
10. Limitation of Usability
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under United Kingdom law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
11 Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
12 Waiver
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
13 Survival
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14 Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
15 Law
The Conditions will be exclusively governed by and construed in accordance with the laws of United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Chiltern Terms of agreement:
Definitions: “Conditions” means these terms and conditions: “Us” and “We” means MoneyPlus Group Limited, and any subsidiary companies, whose registered address is Lawson House, 22-26 Stockport Road, Altrincham, WA15 8EX or anyone to whom we transfer our obligations and rights under this Agreement. “You” means you, the person entering into this Agreement named in the Payment Programme. “Agreement” means the agreement between You and Us made mainly on these Terms of Business. “Cleared Funds” means (i) any cash, postal orders or banker’s drafts made payable to Us which We have received from You; (ii) any monies which We have received into our bank account or Client Account from You by electronic transfer (such as by standing order, direct debit or bank giro credit transfer) and which have not been returned unpaid within four working days, and/or (iii) any cheques which We 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 our clients are kept and which is not used for the purpose of our own business. “Creditors” means all of the people or businesses You have told us You owe money to and who are included in your Payment Programme. “Customer” means once the “Initial Fee”, plus one subsequent “monthly payment have been received in full by Us. “Fees” means the “Initial Fee” and the subsequent “Monthly Fee”. “Initial Fee” means your first two “Monthly Payments”, which is paid by You to “Us”. This represents our fee for establishing your arrangement, and therefore is not distributed to your creditors, and can be paid in two separate instalments. “Monthly Fee” means the Fee payable for our Services each month. This is an amount equal to 17.5% of your “Monthly Payment” (apart from your first two “Monthly Payments” which is the “Initial Fee”), subject to a minimum payment of £30 for disposable incomes of 0 – £100, and £35 for disposable incomes of £100.01 – £200. “Monthly Payment” means the total amount which is paid every month by You to Us throughout the Payment Programme, once your “Initial Fee” has been paid in full. “Monthly Repayment” means the part of the Monthly Payment to be paid by Us on your behalf to your Creditors. “Payment Programme” means the programme of Monthly Payments by which You repay your Creditors through Us and pay for our Services, prepared by Us based on the information provided by You, as revised from time to time. “Services” means the services We agree to provide You with under this Agreement. “Terms of Business” means these terms and conditions of business.
Chiltern Terms of agreement: You appoint us to act on your behalf to provide a Debt Management service as described within these terms. The agreement will commence on confirmation of your acceptance of these terms of business. You will be deemed to have accepted the terms of business when you sign, return and we receive the Letter of Authorisation form authorising us to act on your behalf. What we will do: • we will commence work on your behalf on receipt of the first payment. • we will act only for you (We will not act for your creditors) • provide the service (using our acquired expertise of dealing with creditors) with reasonable skill and within a reasonable time • use our best endeavours to negotiate an arrangement with your creditors • make distributions to your creditors so soon as is practical following receipt of the payments from you. The normal time to make distributions is within 5 working days of receipt of your subsequent monthly payments. If distributions are delayed beyond 30 days we will use our best endeavours to notify you of the reason for delay • keep your payments and your money in a separate client account • take our fee out of the payments received from you. • Make available electronically (Via the web) or send to you by post a regular quarterly statement (Commencing after the initial fee) showing your payments and the distribution to your creditors. What you will do: • complete the financial statement and provide full disclosure in relation to the information and assist us by supplying information and instructions to us to enable us to carry out what we will do under the Agreement • if a debt of yours with your existing bank renders it advisable or necessary, open a new bank account with a new bank • pay us the Initial Fee, the Monthly Fee and any other fees agreed in writing between You and Us for additional services • keep confidential this Agreement. • Only include unsecured debts (debts that are not secured against a property, vehicle or other assets/s) in your arrangement unless informing us prior to commencing your agreement • Maintain in full all payments on debts outside the arrangement, including all secured debts or hire purchase agreements • Provide a complete list of all unsecured consumer credit debts to be included on the debt arrangement.
Incentive to repay the amount equivalent to your initial fee (for customers commencing debt management programs on or after 22 April 2008): • When the debt we manage for you is repaid in full, and in accordance with your debt management program, but not otherwise, we will repay to you the amount of your Initial Fee to us. This is an incentive to reward customer loyalty and your statutory rights are not affected with regards refunds of the initial fee.
How we will process your personal information: we will process your personal information in accordance with our Data Protection Notice which we will provide to you and which is available on our website at www.chilterndebtmanagement.co.uk. By appointing us to act on your behalf you consent to such processing and warrant that all data provided by you to us is accurate.
You and we agree: we will never ask you for money to pay our fee. It will only be paid by deduction from payments actually received from you • this Agreement and booklet constitutes the entire agreement between us supplied to you by us which we agree fairly represents the service which we will supply to you • we are not retained by you for the purposes of giving legal advice and we will not give legal advice to you. Any advice which may incidentally be given to you during the carrying out of the service should not be relied upon by you • the exclusion from liability and limitation on our retainer contained in the last paragraph is considered by you and us to be reasonable in all the circumstances • this Agreement will automatically terminate without liability on you or us when: (i) we do not receive any payments (or communication regarding missed payments) from you within two months of such falling due and/or (ii) we give you notice that we no longer act for you and/or (iii) you give us notice by telephone or letter that our agreement is terminated. On termination your account will be closed and a final statement of your payments and the distributions made by us will be sent to you • notices can be sent to you by ordinary prepaid letter to your last known address but notices must be sent to us at our address given below by recorded delivery post. Notices given by ordinary prepaid letter shall be deemed to have been received by the recipient 3 days following the date of posting. We will keep your documents safe on your file for 12 months after termination of our agreement. Thereafter, you agree that title in those documents passes to us for the purpose of secure confidential destruction. Should you require them returned to you at any time prior to them being destroyed this will be done on payment of our administration fee of £5.00 • your dealings with us and the information will be kept confidential save for the purposes of us carrying out the service and our negotiations with your creditors. You authorise us to disclose to them the information and the financial statement • we shall not negotiate an arrangement with your creditors until you have paid in full the initial fee.
Refunds: Save for circumstances where any guarantee which may be offered by Chiltern comes into effect our refund policy is as follows: (1) your statutory rights include a cooling off period of fourteen days from the date the agreement was deemed to commence, during which you may cancel our agreement. (2) should you give notice to us that you would like a refund of a payment, or payments, (being other than the initial fee) then where no distributions have, at that time, been made by us, or are in the process or course of being made by us, in respect of that payment or payments this will be made in full (i.e. without deduction of our fee of 17.5%) (3) You may cancel your bank standing order or direct debit for the payments at any time.
A record of your agreement with us will be held on your credit file for up to six years, and your ability to obtain credit in future may be affected. Creditors are not obliged to accept reduced payments or to freeze interest and/or charges and fees and that, unless they do so, repaying the same debt over a longer period of time will increase the total amount to be repaid. Furthermore, recovery proceedings, including default notices & legal action (which may incur costs), can ensue & we cannot guarantee that any existing or threatening proceedings will be suspended or withdrawn.
Important Information About Our Service & Fees
Whilst we strive in all cases to negotiate the best deal with your creditors, we cannot guarantee a reduction in interest or charges. Also as one of the largest providers of debt management solutions in the UK, we are able to provide initial advice over the phone without charge, however, if a debt solution is taken out, please be aware that fees will be charged. We aim to keep these fees as low as possible and believe that we are very competitively priced. View more detailed information on our fees including examples for each product here.
Further Additional Information
The insolvency service has produced a guide for people who are struggling with debt, which outlines each of the available solutions.
If an IVA is not maintained it could lead to bankruptcy.
