Terms & Conditions

Chiltern Debt Management is a trading name of Moneyplus Group Limited. 

IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.chiltern.uk.com (the "Website") and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Moneyplus Group Limited (the "Company"). To view the full Data Protection Notice, please click here.


1. INTRODUCTION
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2. LICENCE
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with paragraph 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to paragraph 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.

5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Chiltern Debt Management logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any Chiltern Debt Management trade marks displayed on the Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.

6. REGISTRATION
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.

7. DISCLAIMER
7.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.

8. LIABILITY
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Terms and conditions

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 form authorising us to act on your behalf and on receipt of your fee in cleared funds

What we will do:
• 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 full monthly payment. 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. • send you a regular statement (commencing after the second payment) showing your payments and the distributions made to your creditors.

Our fee basis is as follows: • the full amount of the first payment. This payment represents our fee for establishing your arrangement, and therefore is not distributed to your creditors. • 17.5% of each subsequent payment actually made by you.

Repayment of first payment (for customers commencing their debt management program 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 first payment to us. This is an incentive to reward customer loyalty and your statutory rights rae not affected with regards refunds of your first payment.

Payment for referral process: only when we have successfully received first payment and two subsequent payments on a Chiltern debt management account, will a referred customer be recognised as a Chiltern customer for the purposes of the referral scheme. This offer is only applicable for referrals who successfully become debt management customers and is not applicable to loan, remortgage, IVA, full and final, PPI reclaim, refinance or any other type of customer. The referred Chiltern customer MUST provide the contact details of the person who referred them on their initial call. If Gift Vouchers are preferred, the equivalent price (£35) of High Street Gift Vouchers will be forwarded. Gifts cannot be exchanged for a cash alternative.

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 • endeavour to make the payments • 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

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.chiltern.uk.com. 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 advice and we will not give 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 (iii) 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 agreed 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 perform item (iii) of the service until you have made the first payment • save for circumstances where any guarantee which may be offered by Chiltern comes into effect our refund policy is as follows: (1) should you give notice to us that you would like a refund of a payment or payments (being other than the first payment) 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%) (2) 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. However, we understand that you may be in difficult circumstances and may prefer us to start work as soon as possible, so we will commence work on you behalf upon receipt of the first payment. If we start work at your request during the fourteen day cooling off period you will lose your right to cancel our agreement. (3) you may cancel your bank standing order or direct debit for the payments at any time.

In the event of a complaint:

Firstly we will endeavour to resolve any dispute you may have internally, so you should report your complaint to us initially. Should the matter not be resolved to your satisfaction, you should then refer your complaint to DEMSA. The Debt Managers Standards Association is the industry watchdog who exercises a strict code of conduct, to which we adhere to. Further details on DEMSA can be found by clicking HERE. If you are still unhappy that your issue hasn't been resolved, you can also contact the Financial Ombudsman Service on 0845 080 1800. Their address is: 183 Marsh Wall, London E14 9SR. To trade we must posess a Consumer Credit licence - obtained through the OFT - so complaints that are still unresolved after these proceedings could then be forwarded to them. Details can be found online. For the benefit of our customers, we are also members of the Trading Standards Better Business scheme.

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