BORROWER BANK ACCOUNT:
The borrowers bank account must be an open and active New Zealand bank account in respect of which you have full operating authority and into which your wages or salary are paid.
Only one bank account per borrower will be stored within CWL’s system at any one time.
New loans will be transferred into the borrower’s recorded bank account unless otherwise authorized by CWL management.
Loan repayment direct debit repayments will be taken from the borrower’s bank account stored within CWL records unless otherwise authorized by CWL management.
Changes to a borrower’s recorded bank account are invalid unless authorized by CWL management.
When changing a borrower’s bank account, CWL will require proof of ownership of the new account and will require the borrower to fill in, sign and return a new direct debit authority form.
You confirm that on the day of electronically accepting this Loan Agreement that you remain employed as stated on the application form.
You agree to notify CWL immediately if you change employment, are made redundant or enter into an insolvency arrangement.
You confirm that you have provided to CWL all facts and circumstances which might affect CWL’s decision to lend to you.
POLITICALLY EXPOSED PERSON:
You confirm that, to your knowledge, neither yourself nor any family member or known associate has held a prominent public position either in New Zealand or overseas within the last 2 years.
PROCESS OF LOAN ACCEPTANCE:
Upon final loan approval, CWL will send an approval email with a loan agreement .pdf attachment file to the borrower’s nominated email address. The approval email will ask that the borrower open, read, understand and accept the repayment schedule and terms and conditions of the loan agreement before being directed to follow a specified link to a loan acceptance form on CWL website.
Loan acceptance will be considered to be received once the borrower has filled in and submitted the loan acceptance form online.
On business days the loan amount will be transferred into the borrower’s bank account on file with CWL as soon as possible after the loan acceptance response is received by CWL (Refer clause 9).
Weekends and Statutory Holidays – CWL will only process loans to borrowers who hold Kiwibank, ANZ, ASB or BNZ bank accounts on weekends and statutory holidays.
Allocation of your repayment amounts will be prioritized towards the incurred interest and remaining principal. Interest will not be charged on fees incurred.
The borrower’s repayment amounts will be calculated in such a way that the final repayment of the schedule will settle all owing balances of the loan.
CWL will direct debit loan repayments from your nominated bank account on the dates outlined in the Repayment Schedule above or dates included in subsequent adjustment repayment arrangements you may receive.
CWL will email a copy of any adjusted repayment schedule to your recorded email address.
CWL will send you an emailed reminder of repayment before it’s due.
CWL will credit the repayments you make to your loan as soon as possible.
Given the term of the loan is for less than six months CWL has no obligation to provide continuing disclosure but will do so in the unlikely event the loan term extends to that period.
CWL does not charge an early repayment fee.
Early repayment can be requested by the borrower by emailing firstname.lastname@example.org
CWL will calculate and provide the amount required to settle the loan for the requested date of settlement.
Provided Settlement amounts will include all incurred interest up to and including the date of settlement and all previously incurred unpaid fee amounts.
SCHEDULE ADJUSTMENT REQUESTS:
Schedule adjustment requests must be received at least 24 hours prior to the date of your next direct debit.
Requesting an adjustment to your repayment schedule including a postponement request, date change or lowering the repayment amount request may incur a $10 schedule change fee.
The Fee of $10 will be applied to your remaining loan repayments and this fee will be spread out over any remaining loan repayments (except in the case where an adjustment request is received as part of a hardship application).
If extra repayments are made towards your loan outside of your current repayment schedule, except in the case of full repayment, CWL reserves the right to apply a $10 schedule change fee. You will be advised, by email, of the adjusted loan repayment schedule.
MANUAL REPAYMENT SCHEDULES:
If your direct debit authority is cancelled, CWL may request that your repayment schedule be met by you making repayments manually via internet banking or directly through a bank branch.
CWL will advise the borrower if manual repayments are needed to meet your loan repayment obligations.
Automatic reminders will be sent to the borrower before the date of the scheduled manual repayment.
A scheduled manual repayment will be in default if contact requesting a schedule alteration is not received prior to the due date.
A scheduled manual repayment will be in default if the full repayment is not received within two business days of the date due.
PUBLIC HOLIDAYS AND WEEKENDS:
If your normal regular payday falls on a stat day or weekend, you will be issued with a repayment schedule that adjusts for this and will move the affected repayment date forward to the previous business day immediately preceding the affected date.
DEFAULT PROCEDURE AND COLLECTION ACTION
YOUR ACCOUNT WILL BE IN DEFAULT IF:
Your loan repayment is processed and the repayment reverses.
Your direct debit authority is cancelled by yourself or by your bank without our knowledge and/or consent.
Your nominated bank account is closed before full repayment of your loan is received.
You knowingly provide false or misleading information to Cantwait.com at any time.
You leave the country or your place of employment without making arrangements for your payment obligations to be met.
You apply for bankruptcy or become insolvent.
You breach any other term of this Agreement
CONTACT CANTWAIT.COM ASAP:
We strongly urge all our borrowers to keep in contact with CWL if you have repayment issues, we will endeavor to work out a mutually suitable repayment solution plan before applying default fees. Refer also to our section on unforeseen hardship below.
Referral to a collection agency may not only affect your ability to borrow money in the future but it may substantially increase the total amount you need to repay.
If you know you won’t be able to meet this obligation you need to contact CWL as soon as possible before the due date of the direct debit. We can then work with you to bring the loan repayments back on schedule.
A default fee of $25 per missed repayment based on the administration costs and losses incurred because of your actions and/or omissions may be applied each time a loan repayment defaults/is not received. This will change and increase the loan repayment amounts you will need to pay. In this case, CWL will email you an adjusted repayment schedule – “Disclosure Statement”.
A default fee of $25 may be applied to the total amount you are required to repay to CWL two business days after a repayment default. The payment of this fee will be spread over the remaining term of your loan.
A default fee may also be applied once per unpaid manual repayment if the terms in clause 16 are not met.
ACTIONS CWL CAN TAKE IF YOUR ACCOUNT IS IN DEFAULT:
You will be in default and be notified by email that your repayment has been reversed. Our bank details will also be sent to you so that you can make a manual repayment.
A default fee may be applied to your account if contact or payment is not received within 2 business days of the due date.
CWL will attempt to make contact using the information provided to us by you or a third party to discuss a new repayment arrangement and repayment options.
CWL may at its discretion lower your repayment amounts and extend your loan term to help settle your loan.
CWL may rework your repayment schedule to align with your future payday(s) or any other day that we believe you may receive a regular income, including benefits.
CWL may split your scheduled repayment amount into smaller partial debits to increase the likelihood in receiving at least partial payment.
The full amount may become payable in full immediately. Regular interest will be applied at the usual daily rate until your account is settled in full or passed onto a collection agency
We may, at our sole discretion, refer the debt to our collection agency. In this event, you will be liable for any reasonable collection’s costs incurred.
CWL may send your account to its collection agency to collect any amount that is outstanding. The collection agency will apply their own reasonable collection costs to your total debt and will attempt to contact you on our behalf to arrange a repayment arrangement.
CWL or our collection agency may load your default with credit reporting agencies, which may affect your future borrowing ability and/or your credit rating.
CWL may sell or assign your debt to a debt collection agency. If this occurs your debt will belong to the debt collection agency and you will need to deal with them directly. You will be advised of any assignment (Refer clause 26.8)
If you are not reasonably able to keep up on your repayments to us, you may be able to apply to us for a hardship variation. Unforeseen hardship is classed as illness/injury/redundancy/relationship breakups (including the death of your partner) or anything which would reasonably cause you to be unable to pay your repayments.
If you experience unforeseen hardship, we will work with you to establish a mutually acceptable repayment plan for your loan.
If unforeseen events affect your financial circumstances and you wish to apply for a hardship variation you must notify CWL in writing explaining the reason for your application. The best way is by emailing email@example.com or filling in the CWL online hardship application form as soon as possible. If you delay, we may not have to consider your application.
When you make an application, you need to request one or both of:
- Extending the term of the loan and reducing the amount of each payment.
- Postponing, during a specified period, the dates on which payments are due.
If you lodge a hardship claim CWL will process this claim within 3 business days.
If the hardship claim is declined CWL will provide written reasons via email telling you why the claim has been declined.
CWL may ask for proof of any unforeseen hardship claim. This may be a redundancy letter / death certificate or medical certificate. This needs to be supplied to us within 48 hours of the request for this information.
If you default on a hardship repayment plan CWL may pursue debt repayment by normal means including but not limited to, sending the borrowers account to its debt collection agency to collect the debt.
For more information about reasonable “unforeseen hardships “contact your local Community Law Centre communitylaw.org.nz
THE BORROWER CAN NOT CLAIM “UNFORESEEN HARDSHIP” IF:
You have not made a loan repayment to CWL for two months or more or you have missed 4 consecutive repayments.
You knew or had “reasonably foreseen” any of these events when you entered the loan agreement so were aware it would be unlikely that you could meet your repayment obligations to CWL.
YOU REPRESENT AND WARRANT THAT:
The information supplied in your loan application and any accompanying documentation that you provided to us is true and correct to the best of your knowledge and that we can rely on it accordingly, including your employment history.
You have disclosed all information that you know could or would influence us processing and approving your application.
You were given the opportunity to seek independent advice before entering the Agreement to ensure you fully understood the terms and your obligations.
YOU CONFIRM THAT YOU HAVE READ, AUTHORISE & UNDERSTAND THE FOLLOWING:
You cannot cancel the Direct Debit authority to Cantwait Ltd (CWL) and understand that if you do so you will be in breach of this Agreement.
You authorize CWL to direct debit your loan repayments from your nominated bank account or any future bank account you may provide to CWL.
You understand and agree that if you have incorrectly entered your next pay date CWL will amend the scheduled repayments to align these with your correct pay days.
The repayment schedule may also need to be adjusted if you default on a loan repayment to CWL or if you request a change to the repayment schedule due to unforeseen circumstances.
If the repayment schedule needs to be adjusted for any reason CWL will email you a new repayment schedule.
You understand and agree that you need to pay interest on this Loan.
You agree and understand that you are not able to assign any rights benefits or obligations under this Agreement at any time.
You agree that CWL may transfer or assign any of its rights under this contract at any time in its sole discretion.
You agree to promptly provide CWL with any information requested by CWL relating to your financial position and to advise of any change of name and/or address details within 14 days of such change.
You agree to receive any communication including via Email, SMS, Phone Calls to personal and employment phone numbers under this Loan Agreement from CWL.
You consent to us contacting you on the telephone numbers you have provided, provided such contact is at reasonable times.
You agree to promptly provide CWL with any information requested by CWL relating to your financial position.
You understand and agree that any reasonable debt recovery fees or legal expenses associated with your loan will be payable by you and will be added onto your debt to CWL.
You give CWL permission under the Privacy Act 1993 to undertake a credit check on yourself and to verify your NZ identity with a Driver License check/ passport check and to hold and use this information to meet all its legal obligations.
PROBLEMS AND COMPLAINTS:
If you have any concerns or are dissatisfied with the services CWL has provided, please let us know by emailing firstname.lastname@example.org
Our internal complaints procedure team will be more than happy to discuss, explain and hopefully resolve any problems you may have as soon as possible.
If you are not satisfied by our response to your complaint, you can request the involvement of an External Dispute Resolution Scheme for an independent and objective review of the circumstances.
CWL is a participant in Financial Services Complaints Limited (FSCL) which is an independent dispute resolution scheme approved by the Ministry of Consumer Affairs under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
FSCL CONTACT INFORMATION:
Full details of how to access the FSCL scheme can be obtained on their website www.fscl.org.nz. The FSCL services are free to consumers.
Phone: 0800 347257.
Post: Financial Services Complaints Ltd, PO Box 5967 Lambton Quay Wellington
CWL – LEGAL INFORMATION:
CWL is governed by New Zealand Legislation including:
- The Registration and Dispute Resolution Act 2008
- The Credit Contacts and Consumer finance Ac 2003
- The Privacy Act 1993
- The Companies Act 1993
- The Fair Trading Act
- Responsible Lending Code 2015
- The AML/CFT Act
- The Unsolicited Electronic Messages Act
No delay to exercise or failure to exercise any of its rights or remedies is a waiver by CWL of those rights or remedies.
CWL may vary any credit or default fees and charges payable under the loan agreement and will advise of any such variations in accordance with the CCCFA.
This agreement is the entire agreement between the parties and replaces all earlier understandings or agreements.
If a clause or part of a clause of this agreement is unenforceable for whatever reason, it shall not affect the validity or enforceability of the remainder of the agreement.