Financial Express: Personal Loan, Caveat Loan, Secured Loan, Bridging Finance, Loan

Direct Debit Request - Service Agreement
	Definitions	Top
	account means the account held at your financial institution from which we are authorised to arrange for funds to be debited. agreement means this Direct Debit Request Service Agreement between you and us. banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia. debit day means the day that payment by you to us is due. debit payment means a particular transaction where a debit is made. direct debit request means the Direct Debit Request between us and you. us or we means Chequecash Pty Ltd, (the Debit User) you have authorised by signing a direct debit request. you means the customer who signed the direct debit request. your financial institution is the financial institution where you hold the account that you have authorised us to arrange to debit.
	1. Debiting your account
	1.1 By signing a direct debit request, you have authorised us to arrange for funds to be debited from your account. You should refer to the direct debit request and this agreement for the terms of the arrangement between us and you. 1.2 We will only arrange for funds to be debited from your account as authorised in the direct debit request. 1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
	2. Changes by us
	2.1 We may vary any details of this agreement or a direct debit request at any time by giving you at least fourteen (14) days' written notice.
	3. Changes by you	Top
	3.1 Subject to 3.2 and 3.3, you may change the arrangements under a direct debit request by contact us 3.2 If you wish to stop or defer a debit payment you can: a) give us 2 days notice in writing that you wish to do so; and/or b) arrange it through your financial institution. 3.3 You may cancel your authority for us to debit your account at any time by: a) giving us 2 days notice in writing; and/or b) arranging it through your financial institution.
	4. Your obligations
	4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request. 4.2 If there are insufficient clear funds in your account to meet a debit payment: (a) you may be charged a fee and/or interest by your financial institution; (b) you may also incur fees or charges imposed or incurred by us; and (c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment. 4.3 You should check your account statement to verify that the amounts debited from your account are correct. 4.4 If Chequecash Pty Ltd is liable to pay goods and services tax ("GST") on a supply made in connection with this agreement, then you agree to pay Chequecash Pty Ltd on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
	5. Dispute	Top
	5.1 If you believe that there has been an error in debiting your account, you can a) take it up with your financial institution direct; and/or b) call us on 08 9362 3633 and confirm the details in writing to us as soon as possible so that we can resolve your query more quickly. 5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. 5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.

	6. Accounts You should check:
	(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions. (b) your account details which you have provided to us are correct by checking them against a recent account statement; (c) with your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit request.

	7. Confidentiality	Top
	7.1 We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
	7.2 We will only disclose information that we have about you: (a) to the extent specifically required by law; or (b) for the purposes of this agreement (including disclosing information in connection with any query or claim).

	8. Notice
	8.1 If you wish to notify us in writing about anything relating to this agreement, write to our address. 8.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the direct debit request. 8.3 Any notice will be deemed to have been received on the third banking day after posting.
		Top
	THE FOLLOWING INFORMATION DOES NOT FORM PART OF THE LOAN CONTRACT
Home Apply Now Loan Criteria Testimonials Contact Copyright © 2007 Financial Express. All rights reserved

	Terms and Conditions	Top
	1. DEFINITIONS In this contract:
	1.1 Balance means the difference between all amounts credited and all amounts debited to the Customer under this Contract. 1.2 Contract means this contract for the Express Advantage Loan. 1.3 Credit Fees and Charges means the credit fees and charges set out in Item 4 of the Loan Summary and any other fees and charges payable in connection with this Contract or the Mortgage, but does not include: 1.3a. interest charges. 1.3b. government charges and duties on receipts or withdrawals 1.3c. enforcement expenses. 1.3d. any fee or charge that the Credit Provider is prohibited from charging me under any law. 1.3e. that part of a fee or charge that exceeds the amount that the Credit Provider may charge me consistently with any law. 1.4 Credit Provider means the Credit Provider referred to in Item 2 of the Loan Summary and its successors and assigns. 1.5 Daily Balance means the Balance at the end of a day. 1.6 Direct Debit Request means a direct debit request in the form required by the Credit Provider's financial institution pursuant to a direct debit service agreement between the Credit Provider and the Credit Provider's financial institution. 1.7 I, means the person referred to as the Customer in Item 1.3 of the Loan Summary and includes my successors and assigns. 1.8 Mortgage means the mortgage over the Property granted by me under this Contract. 1.9 Property means the property described under section titled “Security”, of the Loan Summary. 1.10 Expressions defined in the Offer of Contract will have the meanings given to them in that schedule.
	2. GENERAL INTERPRETATION (In this Contract:)
	2.1 the singular includes the plural and vice versa. 2.2 where any word or phrase has a special meaning, any other part of speech or other grammatical form of that word or phrase has a corresponding meaning. 2.3 a reference to a document (including a document that forms part of this Contract) includes any variation or replacement of it.
	3. THIS CONTRACT
	This Contract is made up of 2 parts. They are: 3.1 these “Conditions” ( Part 1 ). 3.2 the “Offer of Contract” ( Part 2 ).
	4. THE LOAN
	I agree to borrow from the Credit Provider the amount of Credit. Payment by the Credit Provider to me, or my nominees, as directed in Item 1.3 of the Loan Summary will act as good receipt to the Credit Provider.
	5. INTEREST CHARGES
	5.1 The annual percentage rate that applies to this Contract is set out in Item 1.4 of the “Offer of Contract”. It is fixed for the term of the Contract and, subject to the entitlement by the Credit Provider to charge default interest, cannot be changed. 5.2 The daily percentage rate is the Annual Percentage Rate Divided by 365. 5.3 Interest charges, including default interest charges, will be calculated on a daily basis by applying the daily percentage rate to the Daily Balance. 5.4 Interest charges will be debited on the repayment days stated in Item 1.5 of the “Offer of Contract” except for default interest charges which will be debited daily.
	6. FEES AND CHARGES
	6.1 The Credit Provider is authorised to charge and I must pay the Credit Fees and Charges set out in Item 1.4 of the “Offer of Contract” at the times and in accordance with Item 1.5 of the “Offer of Contract”. 6.2 Upon signing my offer to borrow, the Credit Provider may commence the work necessary to establish the loan for which work the Credit Provider will make the Credit Fees and Charges described in Item 1.4 of the “Offer of Contract”. 6.3 If this offer to borrow does not result in a loan contract for any reason, I will be liable for any fees and charges already incurred. 6.4 The Credit Provider may, at any time, change the amount or frequency or time for payment of Credit Fees and Charges (other than the early termination fee) or impose new Credit Fees and Charges. If any law regulates such a change, the Credit Provider may only make the change to the extent permitted by, and subject to the requirements of that law. Where the Credit Provider changes the amount of a credit fee or charge or imposes a new credit fee or charge, the Credit Provider will notify me either in writing or, if permitted by that law, by a notice in a newspaper circulating through out the State or Territory whose laws apply to this Contract, giving me particulars of the change at least 30 days before the change happens or the new credit fees or charges are to apply.
	7. REPAYMENTS
	7.1 I owe the Credit Provider: 7.1a. the amount of credit. 7.1b. interest charges. 7.1c. any other amounts due and payable under this Contract or the Mortgage. 7.2 Any amount which becomes payable by me forms part of the Balance on which interest charges are calculated. 7.3 I must pay to the Credit Provider: 7.3a. the repayments set out in Item 1.5 of the “Offer of Contract” at the times and in accordance with that Item. 7.3b. the Balance owing under this Contract on the date the final repayment is due. 7.3c. all other amounts referred to in this Contract as being payable at the time(s) referred to in this Contract. 7.3d. However, I need not pay any amount that exceeds the Balance owing under this Contract. 7.4 Unless payments are made by Direct Debit Request, I must make payment at that branch of Financial Express from which I obtained credit and each payment must be accompanied by details identifying this contract. 7.5 Any cheque or bank order received by the Credit Provider for an amount payable by me under this Contract will not be deemed a payment until met. The Credit Provider's rights and powers will not be affected by any such receipt.
	8. APPLICATION OF PAYMENTS	Top
	8.1 Payments received by the Credit Provider under this Contract may be applied by it to any amount I owe under this Contract in any order the Credit Provider determines. 8.2 If I have any other credit contract with the Credit Provider and I make a payment which is insufficient to satisfy my repayment obligations under each contract, then unless I tell the Credit Provider how the payment is to be applied, the Credit Provider may apply the payment to any one or more of the credit contracts in any way it thinks fit.
	9. I MAY PAY AN AMOUNT BEFORE IT IS DUE
	9.1 I may repay the whole or any part of the Balance at any time before it is due. However, I acknowledge that early termination fees as set out in “Additional Fees and Charges”, of the “Offer of Contract” may be payable by me if I do this. Any prepayment will not reduce the amount of each repayment set out in the Item 1.5 of the “Offer of Contract” but may reduce the number of repayments. 9.2 In addition to the rights set out in paragraph 9.1, if I repay the whole of the Balance within 7 days of the day the Credit Provider provides me with the amount of credit then the early termination fees as set out in “Additional Fees and Charges”, of the “Offer of Contract” may be payable by me.
	10. DEFAULT AND ENFORCEMENT	Top
	10.1 I am in default under this Contract if: 10.1a. I do not pay any amount payable by me under this Contract in full on or before its due date. 10.1b. any cheque given by me in payment of any amount payable under this Contract is not honoured on first presentation. 10.1c. I am in default under the Mortgage. 10.1d. I do not comply with any other condition of this Contract. 10.1e. the Credit Provider believes on reasonable grounds that I induced the Credit Provider to enter into this Contract by fraud. 10.2 If I am in default under condition 10.1 the Credit Provider can immediately start charging default interest on any amount in default and serve me with a default notice. 10.3 If I have not fully complied with the terms of the default notice within the time set out by herein then the Credit Provider can make all amounts I owe under this Contract (including amounts accrued or charged but not yet debited to my account) immediately due for payment together with interest and default interest calculated on and debited daily to the unpaid Daily Balance for so long as that default is outstanding. The Credit Provider may also take all or some of the following action: 10.3a. take possession of the Property. 10.3b. sell the Property. 10.3c. do anything which the owner of the Property could do, as if the Credit Provider owned the Property. 10.3d. do anything else which the law permits the Credit Provider to do as mortgagee of the Property. 10.3e. appoint someone else (for example a receiver or agent) to do any of these things. 10.3f. require me to deliver the Property to the Creditor Provider. 10.3g. commence proceedings to recover the amounts I owe under this Contract. 10.4 Enforcement expenses may become payable under this Contract or the Mortgage in the event of a default. I must pay all reasonable enforcement expenses the Credit Provider reasonably incurs arising from any default by me under this Contract or the Mortgage (or both). The Credit Provider may debit these amounts to the Balance.
	11. MORTGAGE
	11.1 I, as the beneficial owner of the Property, assign to the Credit Provider all my rights in the Property as security for my obligations under this Contract. 11.2 I warrant and declare to the Credit Provider that the Property belongs to me and that the Property is not subject to any trust, charge, mortgage, encumbrance or other security and that it is not leased, hired or rented, unless otherwise disclosed in “Security” of the “Offer of Contract” Loan document. 11.3 If I have paid all amounts I owe under this Contract and I am not in default under this Contract, the Credit Provider will release the Property from this Mortgage when I ask the Credit Provider to. Any release will not, by itself, release me from my obligations under this Contract. 11.4 If I do not have legal title to the Property on the date I sign this offer, I will acquire that legal title and it will vest in the Credit Provider on the happening of the first of the following events: 11.4a. my acquisition of the Property. 11.4b. the delivery of the Property to me. 11.4c. my use of the Property. 11.5 The Credit Provider's interest as mortgagee of the Property is a legal interest. 11.6 Unless the Credit Provider otherwise agrees, I must: 11.6a. pay on time all registration fees, charges and other outgoings payable on or in respect of the Property or its use. 11.6b. comply with all laws and requirements of any government or semi-government authority, administrative, fiscal or judicial body, department, commission or other similar body which affect the Property or its possession or use. 11.6c. repair and maintain the Property and keep it in a condition which is generally as good as it's condition on the date I sign this Contract. 11.6d. pay all amounts due to any repairer in respect of any repairs to the Property. 11.6e. replace the Property with property of the same kind and value if the Property becomes broken, damaged, lost, worn out or otherwise rendered useless for the purpose for which it is intended to be used. I acknowledge that the replaced property will immediately become the subject of this Contract and will be charged by way of security with the repayment of all amounts which I am obliged to pay to the Credit Provider under this Contract. 11.6f. allow the Credit Provider or its representatives to inspect the Property at all reasonable times. 11.6g. execute all documents and do all things which the Credit Provider asks to better protect and preserve the Credit Provider's interest in the Property. 11.7 Unless the Credit Provider has given its consent in writing, I must not: 11.7a. sell all or part of the Property. 11.7b. part with possession of the Property. 11.7c. conceal or alter the Property or any identifying number or make on it. 11.7d. create or dispose of any other interest in all or part of the Property. 11.7e. do anything which reduces the value of the Property (fair wear and tear excepted). 11.7f. do anything which reduces the value or effectiveness of this Mortgage as a security to the Credit Provider. 11.7g. allow any distress to be levied against the Property. 11.7h. pledge the Credit Provider's credit or allow to exist any Lien over the Property for repair or otherwise. 11.8 If at any time the Credit Provider provides me with a written request to inform it of the location of the Property under this Mortgage I must reply to the Credit Provider within 7 days. 11.9 The Credit Provider will not be responsible for any personal property which I or any other person may allege to have been left with the Property that is either repossessed by or returned to the Credit Provider and, in the event that any personal property is found with the Property, then unless collected by me prior to the Credit Provider selling the Property, the Credit Provider may sell or destroy that personal property.
	12. ATTORNEY
	12.1 Subject to any applicable law, I appoint the Credit Provider as my attorney (with power to appoint substitutes) to execute all documents and do everything: 12.2 which I must do under this Contract. 12.3 which the Credit Provider is entitled to do under this Contract. 12.4 for protecting or preserving the interest of the Credit Provider in the Property. 12.5 I cannot revoke this power of attorney until I have paid to the Credit Provider all moneys I owe under this Contract. I will ratify and confirm anything which the Credit Provider does in exercising this power of attorney.
	13. GENERAL	Top
	13.1 I warrant that all statements made and documents provided in or in connection with my application for the credit and all representations which I have or may make are true and correct. I acknowledge that the Credit Provider has relied on the correctness of those statements, documents and representations in entering into this Contract and will continue to do so in dealing with me. 13.2 The Credit Provider may choose at any time to waive any of its rights under this Contract. Subject to any applicable law a waiver by the Credit Provider is not a change to, and does not reduce its rights, under this Contract. 13.3 If the Credit Provider gives me a certificate which states the amount owing by me under this Contract or any other act, matter or thing relating to this Contract, the certificate will be sufficient evidence of those matters unless I prove it to be incorrect. 13.4 I agree that the Credit Provider may give information about me to any associate or related entity of the Credit Provider. 13.5 The Contract is subject to the laws of the Australian State or Territory in which the Credit Provider first lends the amount of credit, or part of the amount of credit under this Contract. 13.6 I must notify the Credit Provider as soon as possible if I change or intend to change my name or address. The Credit Provider may give any correspondence, notice or other document to me by sending it to my last mailing address appearing in the Credit Provider's records, or by any other method permitted by law. 13.7 I cannot assign my rights under this Contract without the Credit Provider's written consent. 13.8 The Credit Provider may assign, transfer or novate to any person, trust or other entity, or otherwise deal in any manner with, any of its rights, obligations or interest under this Contract. 13.9 This Contract contains the entire agreement between the Credit Provider and I, and supersedes all prior representations, agreements, statements and understandings, by any form of communication. 13.10This Contract is to be read and interpreted as consistent with all laws and if any provision of this Contract is invalid or unenforceable in whole or in part the rest of this Contract will remain valid and enforceable.
Home Apply Now Loan Criteria Testimonials Contact Copyright © 2007 Financial Express. All rights reserved

INFORMATION STATEMENT
	THINGS YOU SHOULD KNOW ABOUT YOUR PROPOSED CREDIT CONTRACT
	This statement tells you about some of the rights and obligations of yourself and your Credit Provider. It does not state the terms and conditions of your contract. If you have any concerns about your contract, contact your Credit Provider and, if you still have concerns, your Government Consumer Agency, or get legal advice.
	THE CONTRACT
	1. How can I get details of my proposed credit contract?
	Your Credit Provider must give you a pre-contractual statement containing certain information about your contract. The pre-contractual statement, and this document, must be given to you before: • your contract is entered into. • you make an offer to enter into the contract, whichever happens first.	Top
	2. How can I get a copy of the final contract?
	If the contract document is to be signed by you and returned to your Credit Provider, you must be given a copy to keep. Also, the Credit Provider must give you a copy of the final contract within 14 days after it is made. This rule does not however, apply, if the contract can be accepted by you: • accessing or drawing down credit to incur a liability. • satisfying other conditions. The rule will also not apply if, when the Credit Provider gives you a copy of the contract document to sign and return to the Credit Provider, you are also given a copy of the contract document signed by the Credit Provider to keep. If you want another copy of your contract write to your Credit Provider and ask for one. Your Credit Provider may charge you a fee. Your Credit Provider has to give you a copy: • within 14 days of your written request if the original contract came into existence I year or less before your request. • otherwise within 30 days of your written request.
	3. Can I terminate the contract?
	Yes. So long as you have not obtained or tried to obtain any credit under the contract, you can terminate the contract by writing to the Credit Provider. However, you will still have to pay any fees or charges incurred before you terminated the contract.	Top
	4. Can I pay my credit contract out early?
	Yes. Pay your Credit Provider the amount required to pay out your credit contract on the day you wish to end your contract.
	5. How can I find out the pay out figure?
	You can write to your Credit Provider at any time and ask for a statement of the pay out figure as at any date you specify. You can also ask for details of how the amount is made up. Your Credit Provider must give you the statement within seven days after you give your request to the Credit Provider. You may be charged a fee for the statement.
	6. Will I pay less interest if I pay out my contract early?
	Yes. The interest you can be charged depends on the actual time money is owing. However, you may have to pay an early termination charge (if your contract permits your Credit Provider to charge one) and other fees.
	7. Can my contract be changed by my Credit Provider?
	Yes, but only if your contract says so.
	8. Will I be told in advance if my Credit Provider is going to make a change in the contract?	Top
	That depends on the type of change. For example: • You get at least same day notice for a change to an annual percentage rate. That notice may be a written notice to you or a notice published in a newspaper. • You get 30 days advance written notice for: • a change in the way in which interest is calculated. • a change in credit fees and charges. • any other changes by your Credit Provider, except where the change reduces what you have to pay or the change happens automatically under the contract.
	9. Is there anything I can do if I think that my contract is unjust?
	Yes. You should first talk to your Credit Provider. Discuss the matter and see if you can come to some arrangement. If that is not successful you could apply to the court. Contact the Government Consumer Agency or get legal advice on how to go about this.
	INSURANCE
	10. Do I have to take out insurance?	Top
	Your Credit Provider can insist you take out or pay the cost of types of insurance specifically allowed by law. These are compulsory third party personal injury insurance, mortgage indemnity insurance or insurance over property covered by any mortgage. Otherwise, you can decide if you want to take out insurance or not.
	11. Will I get details of my insurance cover?
	Yes, if you have taken out insurance over mortgaged property or consumer credit insurance and the premium is financed by your Credit Provider. In that case the insurer must give you a copy of the policy within 14 days after the insurer has accepted the insurance proposal. Also, if you acquire an interest in any such insurance policy which is taken out by your Credit Provider then, within 14 days of that happening, your Credit Provider must ensure you have a written notice of the particulars of that insurance. You can always ask the insurer for details of your insurance contract. If you ask in writing your insurer must give you a statement containing all the provisions of the contract.
	12. If the insurer does not accept my proposal, will I be told?
	Yes, if the insurance was to be financed by the credit contract. The insurer will inform you if the proposal is rejected.
	13. In that case, what happens to the premiums?
	Your Credit Provider must give you a refund or credit unless the insurance is to be arranged with another insurer.
	14. What happens if my credit contract ends before any insurance contract over mortgaged Property?
	You can end the insurance contract and get a proportionate rebate of any premium from the insurer.
	MORTGAGES
	15. If my contract says l have to give a mortgage, what does this mean?	Top
	A mortgage means that you give your Credit Provider certain rights over any property you mortgage. If you default under your contract, you can lose the property and you might still owe money to the Credit Provider.
	16. Should I get a copy of my mortgage?
	Yes. It can be part of your credit contract or. if it is a separate document, you will be given a copy of the mortgage within 14 days after your mortgage is entered into. However, you need not be given a copy if, when the Credit Provider gives you a copy of the mortgage document to sign and return to the Credit Provider, you are also given a copy of the mortgage document signed by the credit provide to keep.
	17. Is there anything that I am not allowed to do with the property I have mortgaged?
	The law says you cannot assign or dispose of the property unless you have your Credit Provider's, or the court's, permission. You must also look after the property. Read the mortgage document as well. It will usually have other terms and conditions about what you can or cannot do with the property.
	18. What can I do if I find that I cannot afford my repayments and there is a mortgage over property?
	See answers to questions 22 and 23.Otherwise you may: • if the mortgaged property is goods - give the property back to your Credit Provider, together with a letter saying you want the Credit Provider to sell the property for you. • sell the property, but only if your Credit Provider gives permission first. • give the property to someone who may then take over the repayments, but only if your Credit Provider gives permission first. If your Credit Provider won't give permission contact your Government Consumer Agency for help. If you have a guarantor, talk to the guarantor who may be able to help you. You should understand that you may owe money to your Credit Provider even after the mortgaged property is sold.
	19. Can my Credit Provider take or sell the mortgaged property?
	Yes, if you have not carried out all of your obligations under your contract.
	20. If my Credit Provider writes asking me where the mortgaged goods are, do I have to say where they are?	Top
	Yes. You have 7 days after receiving your Credit Provider's request to tell your Credit Provider. If you do not have the goods you must give your Credit Provider all the information you have so they can be traced.
	21. When can my Credit Provider or its agent come into a residence to take possession of mortgaged goods?
	Your Credit Provider can only do so if it has the court's approval or the written consent of the occupier, which is given after the occupier is informed in writing of the relevant section in the Consumer Credit Code.
	GENERAL
	22. What do I do if I cannot make a repayment?
	Get in touch with your Credit Provider immediately. Discuss the matter and see if you can come to some arrangement. You can ask your Credit Provider to change your contract in a number of ways, for example: • to extend the term of the contract and either reduce the amount of each payment accordingly or defer payments for a specified period. • to simply defer payments for a specified period.
	23. What if my Credit Provider and I cannot agree on a suitable arrangement?
	If you have been unemployed, sick or there is another good reason why you are having problems with your contract, then your contract may be able to be changed to meet your situation. You may be able to apply to the court. Contact your Government Consumer Agency or get legal advice on how to go about this. There are other people, such as financial counsellors, who may be able to help.
	24. Can my Credit Provider take action against me?
	Yes, if you are in default under your contract. But the law says that you cannot be unduly harassed or threatened for repayments. If you think you are being unduly harassed or threatened, contact your Government Consumer Agency or the Trade Practices Commission, or get legal advice.
	25. Do I have any other rights and obligations?
	Yes. The law will give you other rights and obligations. You should also READ YOUR CONTRACT CAREFULLY	Top
Home Apply Now Loan Criteria Testimonials Contact Copyright © 2007 Financial Express. All rights reserved