Terms & Conditions 1. INTRODUCTION 1.1 These terms and conditions of business (the “Terms”) set out the whole agreement between You and Us for the provision of the Services. 1.2 Please check these Terms carefully before You sign to confirm Your acceptance of this Agreement. If You think there is a mistake, or if there is anything You do not understand let Us know as soon as possible. Please also make sure that you ask Us to confirm any changes in writing to avoid any confusion between You and Us. 1.3 If You want more time before signing this Agreement, please let us know. You are entitled to take Your time to consider these Terms before signing. 1.4 You should read these terms carefully and keep a copy for future reference. If You want a copy of either the Terms or any variation to these Terms, please ask us for a copy. 2. MEANING OF WORDS When the following words with capital letters are used in these Terms, this is what they mean: a) "Agreement" means the contractual agreement between You and Us which is set out in these Terms. b) "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, Faster Payment or bank giro credit transfer) or by debit card and which have not been returned unpaid within four working days; or iii. any cheques which We have received from You which have not been returned unpaid within seven working days. c) "Client Account" means the account where We hold any monies We receive on behalf of Our clients ("Client Monies"), which is segregated from any account We use to hold money belonging to Us and which is not used by Us for the purpose of Our business. d) "Consent Form" means the form enclosed with these Terms which We ask You to sign to give Us authority to contact your Lenders and to act on your behalf and to confirm Your acceptance of the terms of this Agreement. e) "Debt Management Plan" means the plan of Regular Payments by which You repay your Lenders through Us and pay for Our Services, prepared by Us based on the information provided by You, as revised from time to time. f) "Fee" means the fee that is payable by You to Us as set out in Clause 9 which will be equal to 18.5% of your Regular Payment, subject to a minimum of £38.50 and a maximum of £90.00. g) "ISP" means any Income Safeguard Plan that You may agree to in connection with this Agreement. h) "Lender Repayment" means the part of the Regular Payment to be paid by Us on your behalf to your Lenders. i) "Lenders" means all of the people or businesses You have told Us You owe money to and who are to be repaid using the Services. j) "Payment Period" means the period between each Regular Payment. If Your Regular Payment is calculated using an income that you receive either weekly, fortnightly or four-weekly, and We agree with You to make your Regular Payment in weekly or fortnightly instalments or four-weekly, the Payment Period is 4 weeks. If Your Regular Payment is calculated using an income that You receive monthly, and We agree with You to pay your Regular Payment monthly, the Payment Period is one calendar month. k) "Regular Payment" means the total amount which You agree to pay for each Payment Period to Us throughout the Debt Management Plan. This is made up of the Lender Repayment to be made to your Lenders, Our Fee and any other payments as instructed or agreed with You (including any ISP premiums). l) "Services" means the services We agree to provide You with under this Agreement. m) "Term" means the period running from the start of this Agreement as explained in clause 4.2 until We stop providing You with Services. An estimate of how long the Term will last is set out in your Debt Management Plan Summary issued by Us in accordance with clause 6.1 below. n) "Us", "We" and “Our” means Gregory Pennington Limited or anyone to whom We transfer Our obligations and rights under this Agreement in accordance with clause 18.11 of these Terms. o) "You" means you, the person(s) entering into this Agreement named in the Debt Management Plan. 3. INFORMATION ABOUT US 3.1 We are a private limited company established in England and Wales. Our company registration number is 2855061 and Our registered office is at Think Park, Mosley Road, Trafford Park, Manchester, M17 1FQ. 4. APPOINTMENT AND TERM 4.1 You appoint Us and We agree to provide the Services to You. 4.2 This Agreement will start when You confirm your acceptance of these Terms by returning the completed Consent Form. 4.3 This Agreement will continue for the Term, unless ended earlier: (a) by You as set out in clauses 5.1 and 11; or (b) by Us as set out in clause 12. 5. CANCELLATION RIGHTS 5.1 You have a right to cancel this Agreement at any time during the first 14 calendar days beginning on the day after this Agreement starts (as set out in clause 4.2 of these terms). Your right to cancel this Agreement arises out of the Financial Services (Distance Marketing) Regulations 2004. 5.2 To cancel this Agreement, you can either: (a) write to Us at Our address set out in these Terms; or (b) call Us on 08456 343434 saying You wish to cancel this Agreement. 5.3 If You cancel this Agreement in accordance with clause 5.1, We will refund to You any Fee already paid to Us. Any monies distributed to your Lenders at the time of cancellation, will not be refunded to You. 6. WHAT WE WILL DO 6.1 Based upon information provided by You to Us, We will review your income, outgoings and living expenses and prepare and issue to You an initial Debt Management Plan (the “Debt Management Plan Summary”) in respect of those types of debt which do not fall within the exclusions set out in clause 7.2 below. This will indicate a Regular Payment which We have agreed with You and believe You can afford based on the information You provide about your income and expenditure commitments. It will also include an estimate of the total Fees payable by You to Us for the Services which We provide under this Agreement and an estimate of how long it will take You to repay your Lenders. 6.2 After the Agreement starts, We will notify your Lenders of Our involvement and will try and agree with them revised payment terms on Your behalf. We will in particular try to persuade your Lenders, where appropriate, to accept reduced monthly repayments from You, not to charge interest and to either suspend or withdraw any recovery, or similar, proceedings, which they may already have taken against You or may have threatened to bring against You. 6.3 Following receipt of your first Regular Payment in Cleared Funds We will prepare and issue a Debt Management Plan, normally within 28 days. This may vary from the earlier Debt Management Plan Summary depending on the accuracy of the information You originally provided to Us and following Our discussions with your Lenders. 6.4 If your circumstances change and You are unable to meet the payments set out in the Debt Management Plan, We will try to re-negotiate with your Lenders and arrange a revised Debt Management Plan with You. 6.5 We will in any event periodically review your situation, normally every twelve months or earlier if your Lenders insist, and We will prepare and issue a revised Debt Management Plan with You and your Lenders if this appropriate. 6.6 We will provide to You a periodic statement listing your Lenders, the status of Our negotiations with them, the Lender Repayments made to them and the Fees which We have charged You. 6.7 We will tell You of all important developments in the progress of your Debt Management Plan or in Our relationship with your Lenders that affects You. 6.8 We will deal with all communications from your Lenders to Us (or to You and provided by You to Us) appropriately and promptly. 6.9 If your Debt Management Plan is in joint names with any other person(s), We will treat instructions from any person named in the Debt Management Plan as the instructions of all persons named in the Debt Management Plan. 6.10 We may have in place commercial arrangements with third parties and pay a commission or other incentive to them if they introduce You to Us For Our Services. 7. WHAT WE WON'T DO 7.1 We cannot lend You money or offer You any credit facilities. 7.2 Unless We agree otherwise in writing, We will not provide the Services for secured credit (including secured loans and mortgages), debts due under hire purchase, conditional sale, contract hire or some other form of leasing agreement, rent (including rent arrears), utility bill payments (including arrears), council tax payments (including arrears) and other similar debts. A list of the debts to be included in the Services will be provided with the Debt Management Plan Summary. 7.3 Whilst We will attempt to agree revised payment terms with your Lenders in accordance with clause 6, We cannot stop your Lenders from (and We cannot guarantee Lenders will stop): (a) continuing to charge You interest and other charges; or (b) continuing any current, or bringing any future, recovery proceedings against You; or (c) issuing any statutory notices to you, including default notices, or referring any non-payment or arrears to credit reference agencies. 7.4 We are not solicitors and cannot (and will not) give You any legal advice. 7.5 We will not arrange for anybody to attend any court hearing on your behalf unless We expressly agree with You to do so, and if so We will charge an additional fee for such service as agreed with You in advance of the court hearing. 8. WHAT YOU MUST DO 8.1 You must provide Us with full, accurate and truthful details of your circumstances including: (a) Your net income, outgoings, Lenders and dependants; (b) any outstanding judgments against You or any actual or threatened court proceedings. 8.2 You must, where possible, send to Us such documents or evidence as We or Your Lenders may reasonably require to confirm the information set out in Clause 8.1 of these Terms or other information provided by You. 8.3 You must not ignore any correspondence You receive from Your Lenders or anyone acting for one of Your Lenders. 8.4 You must send Us copies of all correspondence You receive from Your Lenders so that We can respond to them for You. 8.5 You must tell Us if You want Us to return any original documents that You send to Us. Documents and correspondence that We receive from You will be scanned and stored by Us as an electronic image and then destroyed. If You send Us originals of your documents, We can only return them to You if You request this before You post them to Us. 8.6 You must make the agreed Regular Payments to Us in accordance with the Debt Management Plan. If You fail to make your Regular Payments to Us in full and on time: (a) any arrangement that We have agreed with Your Lenders to accept revised repayment terms may be cancelled by your Lenders and You may become liable to further recovery action by them including, but not limited to, default interest and other charges being applied, issuing of formal demands or default notices, and the commencement of recovery proceedings against You, and (b) You will be in breach of these Terms and We may be entitled to end the agreement in accordance with clause 12. 8.7 You must allow Us to negotiate on your behalf with your Lenders. 8.8 You must co-operate with Us and respond promptly to Our reasonable requests for information. The success of your Debt Management Plan relies heavily on your co-operation with Us and You must not ignore Our correspondence or telephone calls or Our other attempts to contact You. 8.9 Unless We agree otherwise in writing, You must ensure that You keep paying your ‘priority debts’. These include any mortgage and/or secured loan payments or rent payments, council tax, utility bills, court fines, income tax and child support payments, including any arrears incurred on those debts. 8.10 During the Term You must not make any payments directly to your Lenders unless You have notified Us in advance that You propose to do so and We have agreed that such payment can be made. We will not withhold Our agreement for You to do so unless We have good reason to. 8.11 You must tell Us if your circumstances change so that You are or may become unable to maintain the level of Regular Payments or if there has been an improvement in your circumstances so that You are able to increase your level of Regular Payments. We will require a minimum of five working days’ notice from You to make changes to any direct debit arrangements You make for payment of the Regular Payments to Us. 8.12 During the Term You must incur no further debts, whether on credit or otherwise other than those relating to your normal living expenses. 9. WHAT YOU WILL PAY 9.1 You will pay Us the Fee and the Lender Repayments. 9.2 A Fee is payable for each Payment Period that We provide the Services to You (from the date that this Agreement starts in accordance with Clause 4.2 until it is terminated in accordance with clauses 11 or 12) and falls due upon the expected payment date of your Regular Payment. The Fee will normally be deducted upon the distribution of your Regular Payment in accordance with Clause 10. 9.3 If the payment We receive from You during a Payment Period is less than the amount of the Regular Payment your Debt Management Plan is based on, We may reduce the amount of Our Fee so that a significant proportion of the payment received can be paid to your Lenders. If this happens, We will still be entitled to collect the balance of the Fee due and payable for that Payment Period from your future payments to the Debt Management Plan. 10. HOW WE HANDLE YOUR MONEY 10.1 All payments that We receive from You in Cleared Funds will be paid directly into Our Client Account. 10.2 The only payments which We will make out of Our Client Account are, in order of priority: (a) payments to You in the event that You are entitled to a refund of any monies paid by You under these Terms; (b) payment of the Fee including any arrears; (c) any other payments which You instruct or authorise Us to make (including any ISP premiums) ; and (d) payment of the Lender Repayments in accordance with the Debt Management Plan. 10.3 Except in the circumstances set out in clauses 10.4 to 10.8, We will distribute the Lender Repayments amongst your Lenders in accordance with the Debt Management Plan within five working days of receipt of the Regular Payment from You in Cleared Funds. 10.4 If the payment We receive from You during a Payment Period is less or greater than the amount of the Regular Payment your Debt Management Plan is based on, the Lender Repayments will be reduced or increased accordingly. 10.5 Your first Regular Payment will be distributed amongst your Lenders within five working days of your Debt Management Plan being issued in accordance with clause 6.3. 10.6 We are unable to make the Lender Repayments to your Lenders if we do not have sufficient information about your accounts with your Lenders. We will tell You what information We require if We are unable to send Lender Repayments for this reason. 10.7 Arrangements We make with your Lenders for the purpose of ensuring operational efficiency may mean that the Lender Repayments are paid to your Lenders later than within five working days of receipt of the Regular Payment from You in Cleared Funds. We will: (a) only enter into such arrangements where We are satisfied that there will be no detriment to You as a result of any delay in the Lender Repayment being received by the Lender; and (b) withdraw from the arrangement at the earliest opportunity should We become aware that any detrimental effect has subsequently arisen. 10.8 If there is a delay in Us distributing the Lender Repayments to your Lenders which is not beyond Our control, We will: (a) take the appropriate action to put You in the position You would have been in if the payment had been made within five working days of receipt by Us in Cleared Funds; and (b) make good any additional interest which has accrued and any default charges that have been applied to any of your accounts held by the Lenders as a result of the delay. 10.9 On occasion We may receive Client Monies into Our Client Account but be unable to identify which of Our clients the balance belongs to, or, where the identity of Our client is known, We cannot trace the whereabouts of the client concerned. In these circumstances We will: (a) Take all reasonable steps to trace the client concerned and deal with the monies in accordance with these Terms, or return the balance to Our client; and (b) Having exhausted Our reasonable efforts to trace Our client, and only after a period of not less than six years and upon the serving of not less than 28 days’ notice to the last known address where the identity of Our client is known, We will cease to treat the unclaimed monies as Client Money and will donate those monies to a registered charity of Our choice; and (c) We agree to reimburse any valid claim You may subsequently have in relation to a balance so donated. 10.10 Our Client Account is a non-interest bearing account and We will not therefore earn interest, or account to You for interest earned, on any balance held that We receive from You or in respect of You. 11. HOW YOU MAY END THIS AGREEMENT 11.1 You have the right to cancel this Agreement for a short period of time under clause 5. 11.2 You may cancel this Agreement at any time if the total Fees payable under the Debt Management Plan differ significantly from the Fees estimated in the Debt Management Plan Summary issued by Us in accordance with clause 6.1 above. 11.3 You may end this Agreement at any time whether or not We are in breach of Our obligations under this Agreement. You can do this by: (a) writing to Us at Our address set out in these Terms; or (b) calling Us on 08456 343434,saying You wish to end this Agreement. 11.4 If you end this Agreement under clause 11.3, the consequences are set out in clause 13 of these Terms. 12. HOW WE MAY END THIS AGREEMENT 12.1 We may end this Agreement at any time by giving You two weeks’ prior written notice if any of the following happens: (a) You fail to make two successive Regular Payments; or (b) You are otherwise in serious breach of this Agreement or have persistently committed a series of minor breaches (even if any one individual breach would not necessarily be regarded as a serious breach on its own) including, in particular (but not limited to), Your failure: (i) to make the Regular Payments at the agreed amount or time; or (ii) to co-operate with Us to assist Us to perform the Services; or (iii) to provide accurate information, or evidence of information You have provided; or (c) You become bankrupt, file a bankruptcy petition, make an arrangement or composition with your Lenders generally, or make an application to a court of competent jurisdiction for protection from your Lenders generally. 13. EFFECT OF ENDING THIS AGREEMENT 13.1 When this Agreement ends (either under clauses 5, 11 or 12 of these Terms): (a) Our duties and obligations under this Agreement will come to an end; and (b) We will, within 5 working days of the end of the Agreement, refund to You any undistributed balance of your Regular Payments that we are holding on your behalf in Our Client Account; and (c) We will withdraw from any continuing negotiations which are ongoing but have not yet been concluded; and (d) your liability to your Lenders will continue (and be unaffected) to the extent that any amounts You still owe to your Lenders over and above the repayments made to them under the Debt Management Plan will remain outstanding; and (e) You may within 30 days of the end of this Agreement request Us to send You copies of all paperwork received from You or your Lenders that has been retained by Us as a scanned image. 14. COMPLAINTS 14.1 If You are not happy with the way in which we have provided the Services, You may complain either by calling Us on 08456 343434 or by writing to Us at Our address set out in these Terms. Please mark any correspondence for the attention of the Customer Relations Department. 14.2 We will, after receiving your complaint, investigate it and respond within 8 weeks in accordance with Our complaints procedure. We have provided You with a copy of Our complaints procedure. If You want another copy, please let Us know. 14.3 If You are dissatisfied with Our final response or if we do not respond within 8 weeks, You may complain to the Financial Ombudsman Service. The Financial Ombudsman Service may be contacted by calling 0800 023 4567, by sending an email to complaint.info@financial-ombudsman.org.uk or by post to The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. If You want to know more about the Financial Ombudsman Service, You can visit its website at http://www.financial-ombudsman.org.uk/ 15. PERSONAL INFORMATION 15.1 We will only use the personal information You provide to us to: (a) provide the Services; or (b) carry out internal operations such as data analysis, research , and statistical and survey purposes; or (c) tell You about other services which We or Our group of companies provide, unless You tell us that you do not want to receive this information. 15.2 If your Debt Management Plan is in joint names, We may share your information with any other person(s) also named in the Debt Management Plan. If either person named in the Debt Management Plan no longer wishes to have their information shared in this way, You must tell Us and We can set up a Debt Management Plan in your sole names. 15.3 We will not pass this information to anyone else except in accordance with Our data protection statement contained in clause 16. 15.4 If You have opted to receive information from Us by SMS text message (or email, or personal computer or other electronic means), You: (a) are responsible for the security of your mobile telephone (or personal computer or other electronic means); (b) must take all reasonable precautions to prevent anyone else from accessing your information, including using all security features available on your mobile telephone (or personal computer or other electronic means); and (c) must tell Us immediately if your mobile telephone (or personal computer or other electronic means) is lost, your number (or email address) changes or if You suspect someone may have access to the information We send You. 16. DATA PROTECTION STATEMENT 16.1 Please read this statement carefully as it explains what personal information We collect about You and how We use this information. 16.2 We collect personal information (which may include sensitive personal data) about You both directly from You when You apply for our Services and from Your Lenders as authorised by You. We may also collect further information as a result of providing the Services. 16.3 We will use Your personal information to provide Our Services to You, and in particular: (a) to negotiate with Your Lenders; and (b) to keep You informed about the Services; and (c) we will share Your information with Think Money Group Limited to the extent necessary for them to perform the support services that they carry out on Our behalf to enable Us to provide Our Services to You, including for example Customer Relations and accounts/distributions functions; and (d) to update Your ISP provider, if applicable, about premiums You have paid or in relation to claims You may make; and (e) If You receive products or services from other companies within the Think Money Group We will tell them if you change your name, address and / or contact details. They may contact you for further verification before updating their records. The Think Money Group includes the following companies: All About Money Limited, Freeman Jones Limited, Wilson Andrews Limited, Think Money Limited, Think Insure Limited, Think Loans and Mortgages Limited, Intelligent Lending Limited and Ideal Finance Limited. It remains your responsibility to ensure that companies who provide services to You hold your up to date contact details. 16.4 Subject to clause 16.5 of these Terms, and only if You have given Your express and informed permission, We may also use Your personal information to contact You to provide You details of other products and services which We think may be of interest to You, including those offered by selected third parties. We 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. 16.5 If You have opted to receive information as set out in clause 16.4 of these Terms, and then You change your mind and do not want Us to continue to use or disclose your personal information (and/or sensitive personal data) as set out in that clause, or if You wish to change the way We communicate with You, please let us know either by calling Us on 08456 343434 or by writing to Us at Our address set out in these Terms. 16.6 We will not normally transfer or store the data We collect from You outside the European Economic Area ("EEA"), however, We may on occasion work with suppliers who operate outside the EEA and who may process your data on Our behalf. Where We work with such suppliers We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the terms of Clauses 15 and 16 of this Agreement. 16.7 Except as set out in these Terms, We will only disclose Your personal information: (a) to the extent required by law; (b) in accordance with a court order; (c) following a request by a government or law enforcement authority; or (d) to any company or other entity to whom We either transfer or assign any or all of Our obligations to You under this Agreement. 16.8 You may contact Us by writing at any time to the Data Protection Officer at Our address set out in these Terms for further information. You may also contact Us if You want to ask for a copy of the personal information which We hold about You or to ask Us to amend any inaccurate information held by Us. If You ask for a copy of the personal information which We hold about You, We will charge You a fee of £10. 16.9 Please note that We may record and monitor Your calls to Us to help Us to monitor and improve our service. 17. EVENTS OUTSIDE OUR CONTROL 17.1 Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside a party’s reasonable control (an “Unavoidable Event”) where the consequences would have been unavoidable despite all its efforts. 17.2 An Unavoidable Event includes any act, event, non-occurrence, omission or accident beyond either party’s reasonable control and includes, in particular (without limitation), the following: (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of or preparation for war; or (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or (d) impossibility of the use of public or private telecommunications networks. 17.3 Each party’s obligations under these Terms are suspended for the period that the Unavoidable Event continues and the time to perform these obligations for the duration of that period will be extended. The relevant party will take reasonable steps to bring the Unavoidable Event to a close or to find a solution by which that party’s obligations under these Terms can be performed despite the Unavoidable Event. 18. OTHER IMPORTANT TERMS 18.1 The headings in these Terms are for convenience only and do not affect their interpretation. 18.2 The Fees are exclusive of any applicable value added tax (VAT) or other sales tax. The provision of Our Services is currently VAT exempt. 18.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 18.4 If We fail to insist that You perform any of your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive Our rights against You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You. 18.5 We may change these Terms from time to time in the following circumstances: (a) changes in market conditions affecting our business; (b) changes in technology; (c) changes in payment methods; (d) changes in relevant laws and regulatory requirements; and (e) changes in our system's capabilities. 18.6 If We seek to change the Terms in accordance with clause 18.5, We will give You at least 30 days’ prior notice of any changes. If You do not wish to accept the changes to the Terms, You can end this Agreement under clause 11.3. If You do so, the consequences are set out in clause 13. 18.7 If You wish, or if any clause in these Terms requires You, to give Us notice in writing, You can send this to Us by hand or by pre-paid post to Our address as set out in this Agreement and/or by email to contactus@gregorypennington.co.uk. We will confirm receipt of this by contacting You by telephone or in writing. If We have to contact You or give You notice in writing, We will do so by e-mail or by pre-paid post to the last address You had provided to Us. 18.8 This contract is between You and Us. No other person shall have any rights to enforce any of its terms 18.9 Any liability that We have to You under this Agreement may be set off against any liability that We are owed by You under this Agreement. 18.10 You may only transfer your rights or your obligations under these Terms to another person if We agree in advance and in writing. 18.11 We can transfer all or any of Our rights and obligations under these Terms to another organisation. If this happens, We will always tell You in writing, but this will not affect your rights under these Terms including your right to cancel this Agreement at any time. We will use Our best endeavours to ensure that any party to whom We transfer Our rights and obligations will provide the Service on the same or better terms than these Terms. 18.12 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland. Top of page Debt solution finder We will give you a call to talk through your options. Your total debt? £2,000 £2,000 to £7,000 £2,000 to £7,000 £7,000 to £12,000 £12,000 to £19,000 £20,000 + Full name Email Telephone number Go to final step To help us find your solution please tell us some more about you We just need a few more details Where do you live? Where do you live? Where do you live? England Wales Scotland Northern Ireland Are you a homeowner? Are you a homeowner? Are you a homeowner? 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