Terms and Conditions

Loans processed by Evolution Money Limited are obtained and provided through Evolution Lending Limited.

Evolution Lending Limited is a company registered in England & Wales, registration number 06113307 and registered at 9 Portland Street, Manchester, M1 3BE. Authorised and regulated by the Financial Conduct Authority, firm reference number 709488.

Should you wish to obtain a secured loan with Evolution Lending Limited you will receive Loan documents to read, sign and send back to us.

Loans are subject to checks and criteria being met by the applicant.

Warning
Think carefully before securing other debts against your home. Your home may be repossessed if you do not keep up the repayments on a mortgage or any other debt secured it.
Late payment can cause you serious money problems. For help, go to www.moneyadviceservice.org.uk

Consolidating existing borrowing
If you are thinking of consolidating existing borrowing, you should be aware that you may be extending the terms of the debt and increasing the total amount you repay.

Renewal Loans for existing customers
If you are an existing customer then in order to qualify for a different loan rate with Evolution Lending Limited;
a) You must have had a loan provided by Evolution Lending for over 12 months.
b) You must not have missed any loan payments during your Evolution Lending loan term.
c) Your credit rating must not have been affected adversely at time of new application
e) You must have kept up with repayments with any other creditors.

Early Repayment
You can settle this Agreement at any time by giving notice in writing and paying off the outstanding principle and fees, any accrued interest plus the early repayment charge as detailed in section 8 of your Binding Mortgage Offer.

Supervisory Authority: The supervisory authority under the Consumer Credit Act 1974 is the Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS. Website: www.fca.org.uk. Telephone: 020 7066 1000. Email: [email protected].

If you signed this Agreement in Scotland: Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS.
Website: www.fca.org.uk. Telephone: 020 7066 1000. Email: [email protected].

Complaints procedure and Ombudsman Scheme: If you have a complaint you should write to us and we will endeavour to resolve it as soon as possible. If you entered into this Agreement for non-business purposes you have the right to refer any unresolved complaint to the Financial Ombudsman Service, Exchange Tower, London, E14 9SR.

Web: www.financial-ombudsman.org.uk. Telephone: 020 7964 1000. Fax: 020 7964 1001.

IMPORTANT: USE OF YOUR PERSONAL INFORMATION

Credit decisions and the prevention of fraud and money laundering.
We may use credit reference and fraud prevention agencies to help us make credit decisions.
For full details, please telephone or write to us at Compliance Manager, Evolution Lending Limited,
9 Portland Street, Manchester, M1 3BE. General Enquiries: 0800 781 4095
Alternatively for more information please go to www.evolutionmoney.co.uk/legal/privacy-policy.

Definitions within the Loan Agreement Documents

In the Agreement

1. THE LOAN INTEREST AND REPAYMENT

(a) We will transfer the Amount of the Loan to your nominated bank account following completion of the loan and open a loan account in your name and debit it with the Total Amount Financed. We will debit the account once a month with the interest owed by you. Interest at the Rate of Interest will accrue on a daily basis on the debit balance standing on the account, or at the rate as varied and notified by us to you in accordance with Clause 1(c).

(b) For as long as you owe any money to us under this Agreement, you shall make the Regular Payment on the Payment Dates.

(c) The Rate of Interest under this Agreement is variable. We may from time to time, in a reasonable and proportionate way, vary the Rate of Interest to take account of: (1) any change in the Bank of England’s bank rate, (2) any change in the costs of funds we use in our lending business (or if we reasonably expect that a change in costs of funding is about to occur), (3) a material adverse change in the value of our security (for example, because of the way in which the Secured Property (if applicable), is used or occupied) or (4) a change in law, decisions, determination or guidance of any regulatory authority which regulates our lending business or any applicable codes of practice.

(d) We may give effect to any such increase or reduction by increasing or reducing the Agreement Term or the size of the Regular Payment or both which may mean that the Total Amount Repayable may increase. We will give you not less than 28 days’ written notice explaining the reason for the variation and the difference this will make to your Regular Payment or the Duration of the Agreement.

(e) The Total Amount Repayable under this Agreement will be detailed in your Binding Mortgage Offer and Terms and Conditions, which assumes there has been no variation in the Rate of Interest.

(f) In calculating the APRC under this Agreement we have assumed that the Agreement will remain valid for the Agreement Term, that we will both fulfil our obligations under this Agreement by the dates specified (and not earlier or later) and that the Rate of Interest will not change during the Agreement Term. Because your loan is a variable interest rate loan, the actual APRC could be different from this APRC if the Rate of Interest changes.

(g) You must pay regular instalments of the Regular Payment. The first instalment is due not less than 14 days and not more than 45 days after the mortgage funds are made available to you and we will advise you of the date in writing. Subsequent Regular Payments are due with the same frequency as detailed in section 5 of your Binding Mortgage Offer in each succeeding month (and if there is no numerically corresponding date in that month, then on the preceding working day, or if the relevant date falls on a day which is not a working day, then on the next working day after that date). Any request from you to change the Payment Date shall be at our absolute discretion.

(h) Any Regular Payment you make shall be applied first, at our reasonable discretion, against any charges and fees you have incurred with us; secondly, in satisfaction of accrued interest (including late payment interest); thirdly against principal. Regular Payment shall continue to be payable until all amounts owed by you under this mortgage have been repaid in full. The final Regular Payment will be equal to all amounts outstanding, if less than the Regular Payment. We will notify you of the date and amount of your final Payment.

(i) You may opt to repay your loan by direct debit or by debit card or a combination of the two. Where you have authorised us to take repayments solely via direct debit and provided a direct debit mandate for this purpose we will seek to take each instalment amount on the instalment date by this repayment method. If you choose to repay us solely via debit card, you agree to provide us with a Continuous Payment Authority (CPA) to take the repayments from your account on the dates they fall due.
Where a CPA is held, we will attempt a maximum of two payments on the day the payment becomes due. If these payments are unsuccessful we shall not attempt to collect any further payments using the CPA without your express permission to do so.
Where you provide us with both a direct debit mandate and debit card details you expressly authorise us to use both methods to seek to take instalments payable under the Agreement. Upon the direct debit being returned unpaid on the due date we shall, on the day the payment becomes overdue, attempt to collect the payment once using the CPA.

(j) If the CPA fails we shall not attempt to collect any further payments using the CPA until we have received your express permission to do so. We will never seek to recover part-payment by direct debit or CPA unless you give your express consent for us to do so. You can cancel the direct debit or CPA by contacting us by email, telephone or post via the contact details shown in this Agreement or by contacting your Bank directly. If you cancel either or both you must ensure that you have made alternative payment arrangements prior to the instalment date to avoid going into default. If an instalment date under your Agreement above falls on a Sunday or a bank holiday, then payment may be taken on the next working day. Please note that separate payments made by debit card that are individually and expressly agreed with you do not fall within the definition of CPA and are not subject to the above provisions. Where any attempt to recover repayment, by direct debit or debit card, fails we will make immediate attempts to contact you by phone, email and/or text message and find out why you have been unable to meet your repayment obligations. Please let us know if you are experiencing financial difficulty, we will show forbearance and seek to assist you by agreeing alternative repayment arrangements and we may be able to freeze interest. Please note the adverse consequences of missing your payment, including the charges detailed at section 4 below.

(k) You may close the loan account at any time by paying us the balance of the Total Amount Financed plus any Default Charges due but unpaid under this Agreement as set out at section 4 below. If you wish to settle this Agreement early in full or in part you may do so by writing to us at the postal or email addresses specified above or by telephone to 01618149975. There are no conditions or charges which apply to partial early repayment. If you repay the mortgage early in full you are required to pay an early repayment charge calculated on the basis of the last two months’ interest charge.

(l) You hereby authorise us to debit the loan account with all Default Charges as set out at section 4 below.

2. FEES

Product Fee

The Product Fee will be charged to you when you have been referred to us by an introducer, including associated group companies. We will pay to them a fee for the introduction. Your Mortgage Illustration and Binding Mortgage Offer will detail the amount charged to you.

The Product Fee is payable by either:

i. The fee will be charged to you by being debited to the account only when your application has been approved. We shall charge you interest on that amount at the same rate and on the same dates as for the Loan and repayment of that amount and the interest on it is included in your Regular Payments.

ii. The fee may be paid by you in a single payment by debit card or bank transfer only when your application has been approved. If the fee is paid by a single payment it will not attract any interest.

If you repay in full the outstanding balance under this Agreement earlier than the agreed period, you are not entitled to any rebate for this fee.

Lending Fee

A Lending Fee of £807.00 will be charged to you for the assessing and processing of your application which will include:

–  Affordability and sustainability assessment to ensure that you will be able to meet your obligations under the Agreement.

–  Processing costs and legal fees incurred in accepting the Agreement.

–  Setup of the agreement on our IT system.

The Lending Fee is payable by either:

i. The fee will be charged to you by being debited to the Account only when your application has been approved. We shall charge you interest on that amount at the same rate and on the same dates as for the Loan and repayment of that amount and the interest on it is included in your Regular Payment.

ii. The fee may be paid by you in a single payment by debit card or bank transfer only when your application has been approved. If the fee is paid by a single payment it will not attract any interest.

If you repay in full the outstanding balance under this Agreement earlier than the period agreed, you are not entitled to a rebate for this fee.

3. SECURITY

As security for your present and future obligations to us, you shall grant in our favour a second charge mortgage in the form of a Legal Charge over the Secured Property or, in Scotland, a second ranking Standard Security over the Secured property. The Legal Charge or Standard Security is on your entire estates and interests in the Secured Property subject to the rights of any prior mortgagee or standard security holder. The terms of each such Legal Charge or Standard Security will form part of the Agreement and reference to a mortgage shall, in Scotland, include a standard security. You authorise us or our appointed solicitors to date and complete any Legal Charge prior to advancing funds to you. (If the Secured Property is located in Scotland you will require to insert the date on which you have signed the Standard Security before a witness). You will, promptly on our request, procure the giving of any waiver, consent or postponement which we, or our advisers, reasonably consider necessary. When we are satisfied that you have repaid and unconditionally and irrevocably discharged all your obligations owing to us in full, we will release any Legal Charge over the Secured Property or will grant a discharge of our Standard Security if the Secured Property is located in Scotland.

4. DEFAULT CHARGES AND ENFORCEMENT OF THE SECURITY

Missing your Regular Payments could have severe consequences including potential repossession of your home. It can make obtaining credit more difficult and/or expensive in the future where the default is reported to credit reference agencies. It can also make your credit more expensive as you may incur unnecessary Default Charges which were not anticipated at the outset.

Our Default Charges that we may apply to your Agreement are as follows:

You will also be liable for other reasonable expenses (plus VAT thereon) which we incur in connection with this Agreement, for example any costs we incur to put right any obligations you have breached, any costs of enforcement (such as legal or court fees) and any payments we make to third parties including to our agents in tracing you if you have changed address without notifying us in writing.
Interest will accrue at the contractual rate on all outstanding sums including arrears.
We may vary these charges and/or introduce new charges if there is a change in the costs we incur for carrying out the activity for which the charge is made or to take account of any necessary new activity or to take account of any change in law, decision, determination or guidance of any regulatory authority which regulates our lending business.
We will give you no less than 30 days’ written notice in the event of such change.

We may serve a Default Letter on you for any breach of the Agreement including if:

(a) you default in payment of any of the Regular Payments throughout the Agreement or only pay part of the Regular Payment by the Payment Date;
(b) you move address without informing us;
(c) the Legal Charge or Standard Security you provide is or becomes unenforceable against you, or you fail to observe or perform any of the terms of the Legal Charge or Standard Security with us or any prior legal charge or security with any other lender over the Secured Property or otherwise;
(d) any information provided by you before entering into this Agreement proves materially incorrect;
(e) you enter into an arrangement or composition with your creditors or if you grant a trust deed for the benefit of your creditors or if an interim or bankruptcy order is made against you, or, in Scotland, if an award of sequestration is made against you, or you receive a statutory demand under the Insolvency Act 1986, or in Scotland, the Bankruptcy (Scotland) Act 1985;
(f) you allow any distress or, in Scotland, any diligence is done against you, your assets or income.
(g) the holder of any legal charge or security over the Secured Property takes any action to realise that legal charge or security; or
(h) should you fail to remedy the default (if the breach is capable of remedy) or pay the sum (if any) required by the Default Letter to be paid as compensation for the breach (if the breach is not capable of remedy) within the period specified in the Default Letter, then the amount calculated in accordance with Clause 1(e) shall become immediately due and payable.

5. STATEMENT OF ACCOUNT

We will provide you with an annual statement for your mortgage, the first one of which will be provided within 13 months of the completion date of the Agreement. This will include:

(a) details of the date and amount of each payment made and the amount of each payment due during the statement period
(b) the Rate of Interest during the statement period and if applicable the date(s) on which the Rate of Interest changed
(c) the amount of interest charged during the statement period
(d) any other amounts charged during the statement period including fees
(e) the total amount owed, remaining term, details of early repayment charges and the cost of redeeming your mortgage.

If you require information on your mortgage during the Agreement Term, please contact us.

6. GENERAL

(a) By signing the Legal Charge or Standard Security and agreeing to the terms of this Agreement you are requesting or authorising us to contact you either by post and email, telephone, SMS, fax or otherwise via contact details provided for the purposes of administering this Agreement. You must let us know, in writing, within seven days of any change of your name or address.

(b) If you, the customer(s), are more than one person, then you are all jointly and severally liable for all obligations under this Agreement.

(c) You may not transfer or assign this Agreement or any security given by you or any part of it, or any of your rights or obligations under it, unless we give you our prior written permission.  We may assign our rights or transfer our rights and/or obligations under this Agreement and/or any security given by you to any other person. We do not have to tell you or ask you to agree to this.  If we do this, we may let them have any other information about you, for example your name, address or telephone number.  We may also arrange for any other person to have and use our rights or duties under this Agreement and any security given by you.  Your rights under this Agreement and your legal rights will not be affected by any such transfer by us.

(d) This Agreement shall only become binding on you when the original signed Legal Charge or Standard Security has been received by us and the Amount of the Loan has been transferred to you under clause 1(a).

(e) Any relaxation, neglect, delay or indulgence or time which we may at any time extend to you to meet the requirements of the Agreement shall not, in any way prejudice or affect our rights under the Agreement and shall not constitute a waiver by us of any breach of this Agreement by you including any subsequent like or continuing breaches of the Agreement.

(f) This Agreement shall be subject to English Law which shall be the basis for relations between with the parties prior to the conclusion of the Agreement. The construction, validity and performance thereof shall be governed in all respects by English Law and the parties here to agree to submit to the non-exclusive jurisdiction of the English courts. If you reside in Scotland, Scots Law and the Scottish courts shall be substituted accordingly.

(g) Unless we are prohibited by law, you agree that we may send any correspondence to you by post or email (in pdf format) and that sending or transmitting any correspondence to the postal or email addresses stated in your application, is valid service of that correspondence. All communication will be in English which is the language in which we will communicate with you for the Agreement Term. You should save any correspondence we send you in relation to this Agreement for future reference.

(h) If any provision or part provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a part provision under the clause shall not affect the validity and enforceability of the rest of this Agreement.

(i) Where you have provided us with details of accounts to be paid, you authorise us to, or alternatively you shall pay directly, the relevant amounts to the persons whom you owe money. You acknowledge that the loan or any part of the loan is not made under pre-existing or contemplated future arrangements between us and any supplier of goods or services and is not subject to any other restrictions concerning its use.

7. COMPLAINTS PROCEDURE AND OMBUDSMAN SCHEME

If you have a complaint you should contact us by writing to us at Complaints Department, Evolution Lending, 9 Portland Street, Manchester, M1 3BE or emailing us at [email protected] or by telephone on 0161 814 9283 and we will investigate and resolve it as soon as possible. If you are not happy with our final response, you have the right to refer any unresolved complaint to the Financial Ombudsman Service (“FOS”) Exchange Tower, London, E14 9SR, email [email protected]. A business customer may also have the right to do this. You should write to FOS within six months of our final response to your complaint.

8. SUPERVISORY AUTHORITY

The Financial Conduct Authority of 12 Endeavour Square, London, E20 1JN is the supervisory authority under the Financial Services and Markets Act 2000.

9. REGULATORY INFORMATION

(a) Evolution Lending Limited is a company registered by the United Kingdom’s Registrar of Companies and our company number is 06113307.
(b) Evolution Lending Limited is authorised and regulated by the Financial Conduct Authority for the conduct of mortgage lending business, firm register number 709488. You can check the Financial Services Register on the FCA website at https://register.fca.org.uk/ or by contacting the FCA on 0800 111 6768.
(c) We are registered with the Information Commissioner in compliance with the Data Protection Act 1998. Our registration number is Z2160110.

10. CREDIT REFERENCE SEARCHES AND OTHER USE OF PERSONAL INFORMATION

In considering whether to enter into this Agreement, and periodically throughout the Agreement, we will search your record with us and at CRAs. Your record may be linked to your spouse/partner or other person with whom you are linked financially (“associated records”) in which event you will be assessed with reference to associated records. Please be sure that you have agreement to disclose information about them.
Our search will create “a search footprint”. CRAs provide us with both public (including the electoral register) and shared credit and fraud prevention information. They will add to their record about you, details of our search and your application and, where relevant, the name and address of your business and its proprietors. This will be seen by other organisations that make searches and, together with other information about you and those with whom you are linked financially, may be used to make credit decisions about you and those with whom you are linked financially. The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail from each of the three CRAs – visiting any of these three web addresses will take you to the same Credit Reference Agency Information Notice (“CRAIN”) document: TransUnion [www.transunion.co.uk/crain]; Equifax [www.equifax.co.uk/crain]; Experian [www.experian.co.uk/crain]. If you are a director we will seek confirmation from the CRA that the residential address provided is the same as that shown on the restricted register of directors’ usual addresses at Companies House. We may use a credit scoring or other automated decision making system.

We will add to your record with CRAs details of your Agreement with us, any payments you make under it and any default or failure to keep to its terms. Records remain on file for 6 years after they are closed, whether you settled the debt or defaulted.

It is important that you provide us with accurate information. We may check your details with FPAs. If false or inaccurate information is provided and fraud is identified, details will be passed to FPAs and other organisations to prevent fraud and money laundering. These records will be shared with other organisations and may be used and searched by us and them, for example, to consider applications for credit and credit related services, or other facilities, for you and any associated person; check details on proposals and claims for all types of insurance; trace debtors, recover debts and manage your account(s); check details of job applicants and employees. Law enforcement agencies may access and use this information. We may make periodic searches at CRAs and FPAs to manage your account with us. We and other organisations may access and use from other countries the information recorded by CRAs and FPAs.

We may use personal information about you which we acquire in connection with any application you make to us, or any agreement you enter into with us, to manage your Agreement and for statistical or market research purposes. If we transfer, charge or assign your Agreement to a third party or if we employ a third party to manage any aspect of your account, we may pass relevant information about you to them. Your personal data may also be used for other purposes with your specific consent or, in limited circumstances, where required by law or permitted under the Data Protection Act 1998.

Where any search or application is completed or Agreement entered into involving joint parties, you both consent to our recording details at CRAs. As a result an ‘association’ will be created which will link your financial records and your associate’s information may be taken into account when a future search is made by us or another lender unless you
file a “disassociation” at the CRAs.

How to find out more
This is a condensed version and if you would like to read the full details of how your data may be used please visit www.evolutionlending.co.uk/fair-processing-notice or phone 0161 814 9975 and ask for our Compliance Department.

You can contact the CRAs currently operating in the UK; the information they hold may not be the same so it is worth contacting them all. Please telephone or write to us at the telephone number/address stated in this Agreement if you want to have details of the CRAs or any FPAs from whom we obtain, and to whom we pass, information about you or if you would like to read the full details of how the information held by them may be used. You have a legal right to these details. You have a right to receive a copy of the information we hold about you. A fee may be payable.

The data which you provide to us will be used by us to consider your application for this loan product and, if successful, to administer your Agreement and to collect Regular Payment. In considering your application, and throughout the term of the loan as appropriate, we will search your record at credit reference agencies. The credit reference agencies will provide us with credit information about you, including information from the Electoral Register. The credit reference agencies which we use will add details of our searches and your application to the record which they hold about you. They will also add details of your 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. It is important that you give us accurate information. We will check your details with fraud prevention agencies and if you give us false or inaccurate information or we suspect fraud, we will record this to protect ourselves and our customers. The records held by the credit reference agencies and fraud prevention agencies which we will use will be used by us and those agencies to:

(i) help make decisions about credit and credit related services for you and members of your household;

(ii) help make decisions on motor, household, credit, life and other insurance claims for you and members of your household;

(iii) trace debtors, recover debt, prevent fraud, and manage your accounts or insurance policies;

(iv) check your identity to prevent money laundering and financial crime; and

(v) undertake statistical analysis about credit insurances and fraud.

We may also use credit scoring or other automated decision-making systems when assessing your application and verifying your identity.

Where necessary for any of the above purposes, we may disclose your personal data to our regulators, to the other associated members of group companies, and to anyone to whom we transfer or assign in whole or in part our rights and duties under this Agreement. We may also disclose your personal data to third parties (such as mailing agencies or service providers, advisers including debt collection agents) to whom we outsource certain aspects of the administration of your Agreement.

We may contact you for marketing purposes in connection with other products offered by Evolution Lending Limited which we think you may find of interest, unless you have opted out of receiving such marketing materials. Where you have provided your express permission for us to do so by way of an ‘opt-in’ we may also pass your details to carefully selected third parties who may also contact you for marketing purposes. You may change your marketing preferences at any time by contacting us via the contact details provided at Clause 7 above.
Calls may be recorded for training and monitoring purposes.
Loans are subject to status.
Evolution Lending Limited, Registered in England & Wales. Registration No. 06113307.
Registered address: 9 Portland Street, Manchester, M1 3BE
We are authorised and regulated by the Financial Conduct Authority firm reference number 709488