Terms and Conditions for this website

Attention! Your information can be used for credit check for your Buy Now Pay Later orders. The Seller can check your credit score through credit reporting companies.

These Terms and Conditions are applicable every time you access our website and/or order goods from our website. Please note that these Terms and Conditions also incorporate the following sections which we advise that you read:

Before proceeding with an order you will be required to show that you have read and understood the following terms and conditions. We recommend that you print a copy of these Terms and Conditions for your future reference.

• 1. Ownership

  • 1.1 This site is owned and operated by TTBRC LTD. Our registered office is 59 Willow Walk, London N21 1NG

  • 1.2 All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.

• 2. Ordering Goods

  • 2.1 All orders placed through our website will be subject to our acceptance of the order.

  • 2.2 When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery.

  • 2.3 Promotional codes are codes that enable customers to obtain benefits such as discounts, free delivery and free gifts. These codes are non-transferable so may only be used by the person to whom they are issued and must only be used in accordance with their terms and conditions of use. If you use a promotional code to claim a promotional benefit, you must first check that it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be confirming that:

    1. you are entitled to use the code;

    2. you meet all the conditions that apply to its use;

    3. you agree to the terms set out below.

  • If, before accepting your order, we find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied. If, after accepting your order, we find that you were not entitled to use the code or did not meet all the terms and conditions of its use, we may reverse the benefit that you obtained. If you transacted on a cash basis e.g. by debit or credit card, we may take a further payment, equivalent to the value of the benefit obtained, from the card used. If you transacted on a credit basis, the value of the benefit obtained may be charged to your credit account. 

  • 2.4 Should you wish to cancel your order or return any goods, please go to the Returns section for further information.

  • 2.5 Please note, you are responsible for all purchases made on your account and are personally liable for all the outstanding balance.

• 3. Processing your orders and payment

  • 3.1 If you are paying for your order through your Divide Pay account, the relevant payment will be shown on your next statement.

  • 3.2 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.

  • 3.3 All prices shown on our website are inclusive of VAT. Delivery charges are clearly highlighted throughout the site. For further information on delivery charges see the Delivery section.

• 4. Delivery

  • 4.1 Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our delivery services and we may not be able to arrange delivery of some items to such addresses. You will be notified of this when you place your order.

  • 4.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

  • 4.3 All items are subject to stock availability.

  • 4.4 When we deliver your items to you you may be asked to sign for the goods to acknowledge that you have received them.

  • 4.5 Please note that if you wish to return goods under our Approval guarantee, you have 3 days from receipt of the goods to return them to us. For further information on returns and exceptions to our home approval guarantee please see the Returns section.

  • 4.6 If an item is faulty please contact us and we will arrange an appropriate remedy.

  • 4.7 We reserve the right to stop a delivery at any time, including after despatch, if we suspect that the transaction might be fraudulent.

• 5. Privacy Policy

  • Please make sure that you have read and understood our Privacy Policy which explains how we safeguard any data which you provide to us in order for us to fulfil your online order.

• 6. General

  • 6.1 The use of our site and any contracts formed are governed by English law.

  • 6.2 All products are sold on the basis that they are for personal, domestic use only.

  • 6.3 We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods.

  • 6.4 Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury caused by our negligence.

  • 6.5 Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.

  • 6.6 A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

  • 6.7 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.

  • 6.8 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.

  • 6.9 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.

  • 6.10 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.

  • 6.11 There are links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites.

  • 6.12 These terms and conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship.

  • 6.13 All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors.

  • 6.14 Any unauthorised use of material on this site is strictly prohibited.

  • 6.15 We will use reasonable endeavours to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information).

  • 6.16 We may close your account or terminate our trading relationship by giving you notice of at least seven (7) days. This does not affect your obligation to repay any amounts you owe to us.

  • 6.17 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.

• 7. Copyright

  • 7.1 We are the operators of this website, and the contents of it are either our property (or that of our affiliated companies) or are used under licence from our suppliers. We are the owners of the compilation of information in this website.

  • 7.2 Our rights, and those of our affiliates and suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.

  • 7.3 We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our (or our affiliates) product offer(s), ordering goods or services from us (or our affiliates), or obtaining contact information for us (or our affiliates).

  • 7.4 Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us (or our affiliates).

  • 7.5 You are expressly not permitted to download any part of our site (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage.

  • 7.6 You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our (or our affiliates) suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.

Order Acceptance

Your order will be accepted by us, and a contract will then be formed between us, when we despatch the goods to you.

All about your Divide Pay credit account

To help you get the most from your account we've explained some useful things for you.

If you've got any questions or require further information on any aspect of your account, please email us on info@dividepay.co.uk or give us a ring on 0204 577 02 62.

Explanation of the Divide Pay credit account

The account is designed for consumers who wish to purchase goods and services from Divide Pay and spread the cost of those purchases.

It is a running credit account requiring regular payment so it will not be suitable for consumers with no disposable income or those who are likely to experience significant periods without any disposable income.

Credit Limit

If you open an account, you will be given a credit limit. This is the maximum amount you can borrow to make purchases from Divide Pay.

Interest

When you make a purchase, the cost of that transaction will become part of your account balance and you will be charged interest on that amount, at the Standard Interest Rate.

The Standard Interest Rate is variable meaning it can be changed subject to you being given at least thirty days’ prior notice. If the interest rate is increased you will be charged more interest on your balance and if it is decreased you will be charged less interest. Further details about when such variation may occur can be found in the Credit Agreement. If you are given notice of an interest rate increase but do not want to accept the new higher rate, you may reject the new rate and instead pay off your account balance at the original interest rate over a reasonable period of time, which we will determine with you.

Interest is calculated on the daily account balance and is compounded daily and then applied to the outstanding balance every month so you may be charged interest on interest. If you pay off your full balance each month, you will not be charged any interest.

Payment

Every month you will be required to make the payment, which will your monthy installment due for payment plus any payment default charges due. Any arrears will also be included in the payment.

Any payments you make, apart from payments that you allocate to specific Buy Now Pay Later transactions, are allocated to your account balance in accordance with the payment allocation rules, which are shown in your Credit Agreement and on the reverse of your account statements. These rules are important as they affect the amount of interest you will be charged.

Buy Now Pay Later (BNPL)

BNPL allows you to purchase on credit for up to 12 calendar months.

With BNPL, interest is calculated from date of order, compounded daily during the delayed payment period (so you are charged interest on interest) and will be applied to your account as a lump sum immediately after the delayed payment period ends. This lump sum will attract further interest going forwards, meaning you will be charged interest on interest.

You can avoid paying any interest on your BNPL transaction by paying off the full cost of the transaction before the end of the delayed payment period.

If you want to make payment to a BNPL transaction, you must allocate your payment to that specific BNPL transaction. You can do this online in My Account, by finding the specific BNPL transaction and making payment to it, or by phoning us and telling our advisor which BNPL transaction you wish to make your payment to.

Whenever you make payment to a BNPL transaction, you will immediately start to reduce the balance owed on it and the amount of interest you could incur. It is therefore important when making a BNPL transaction that you also think how you might want to pay it off. Even if you are unable to pay off the full cost of the BNPL transaction and avoid interest completely on it, you may want to allocate payments to the transaction whenever you can to minimise the amount of interest you will be charged. You will only be charged interest on the outstanding balance of the BNPL Transaction, for example if you repay £100 in the delayed payment period you will not be charged interest on the £100.

Here are examples of how different payment approaches affect the overall cost of a BNPL transaction based on a £240 order with monthly payment option for 12 months at a Standard Interest Rate of 39.9% per annum:

1. A single payment of £240 is made during the payment period so no interest is charged after the end of the payment period.

2. Twelve payments each of £20 (totalling £240) are made during the delayed payment period so no interest is charged after the end of the delayed payment period.

Persistent Debt

The Financial Conduct Authority (FCA) requires us to monitor your credit account in line with its persistent debt guidance, which aims to help customers avoid long term debt. We will contact you, if by the FCA's definition, you are in persistent debt. This means that you have been paying more towards interest, fees and charges than you have been paying towards the amount borrowed.

Our first communication will be after you have been in persistent debt for 18 months and will explain that increasing your payments may resolve the issue and will also mean you pay less back overall. It will also warn that if you continue in persistent debt your account may be suspended.

If you continue in persistent debt for a further 9 months or so we will contact you again to once more ask you to consider increasing your payments and to warn you about what might happen if you do not.

If, after a further 9 months, you have not taken sufficient action to deal with your persistent debt, we may offer you the option of transferring your persistent debt balance to a Persistent Debt Plan with fixed monthly instalments repayable over a reasonable period. If you do not agree to a Persistent Debt Plan or you do not increase your repayments to repay your persistent debt balance over a reasonable period, we will suspend your account which means you will not be able to place any further orders.

Missing Payments

If you fail to pay at least the minimum payment by the payment due date shown on your account statement, we will apply payment charges to your account. We may charge £12 for collections activity we undertake such as debt collection letters and phone calls and £15 for any unpaid or dishonoured payment such as a failed direct debit payment or rejected cheque payment.

Failing to maintain your repayments may result in your account being suspended or your credit limit being reduced. In addition, we may also restrict you from receiving any further Buy Now Pay Later offers.

Missing payments can have other serious consequences such as the transfer of your account to a debt collection agency or legal proceedings being taken against you. It may also impact adversely on your credit rating making it harder for you to obtain credit in future.

Withdrawing from your Credit Agreement

You have the right to withdraw from your Credit Agreement, without giving a reason for doing so. This right to withdraw starts the day after the agreement is made and lasts for fourteen days. You can exercise this right by calling us on 0204 577 0262 or by writing to Credit Support Team, 59 Willow Walk, London N21 1NG, or by emailing us at info@dividepay.co.uk. If you do withdraw, you will still have to repay the account balance plus any accrued interest. You must do this without delay and within thirty days of your withdrawal at the latest.

Variation of your Credit Agreement

We may vary the terms of your agreement for any of the reasons set out in the agreement. We will give you at least thirty days’ notice of any change which is not to your benefit so that, if you are not happy with the change, you can pay off the balance before the change takes effect except in the case of an increase in the interest rate, in which case you can decline the increase and instead pay off the existing balance at the existing rate over a reasonable period.

Further details about when such variation may occur can be found in the Credit Agreement.

Further information

If you have got any questions or require further information on any aspect of the account please feel free to call us on 0204 577 0262 or email us at info@dividepay.co.uk.

Terms & Conditions for a credit account

Credit Agreement regulated by the Consumer Credit Act 1974

This agreement is between us, TTBRC LTD, address 59 Willow Walk, London N21 1NG, and you.

Key features

1. Credit Limit: You will be notified of a credit limit upon successful application.

2. Nature of Account and Duration: this agreement is running account credit. You may use it to pay for goods, services and digital products from retailers, outlets and brands agreed by us from time to time and for such other purposes as we may communicate to you. We may debit your account whenever you authorise us to do so (including verbally). This agreement is open ended and does not have a fixed duration.

3. Summary of Account Options: your account combines different purchase and repayment options to offer you flexibility in using your account. Some of these options may be offered to you at our discretion when you make a particular purchase and some can be chosen by you when you make a repayment.

These options are described in more detail in clause 12. In summary they are:

• a) using Buy Now Pay Later (BNPL), which allows you to pay with monthly installments for selected items for periods of up to 12 calendar months (depending on the offer) from the date you order them. Transactions using BNPL are called BNPL Transactions. Interest will accrue on the cost of the item purchased for the delayed payment period and will be charged to your account at the end of the delayed payment period. The interest will then be payable ,unless you pay for the cost of the item purchased in full before the end of the first payment period. Therefore, if you want to avoid paying interest for the delayed payment period you MUST pay the full cost before the end of the delayed payment period. BNPL Transactions do not qualify for the Take 3 Facility.

4. Statement and Payment Due Date: you will be sent a statement every month if there is a payment due to be made. The statement will set out the minimum payment due for that month. The due date for payment, which is a fixed date every month, will be 20 days after the date of your statement and with each statement we will notify you of the payment due date.

5. Minimum Payment: the minimum payment due every month will be the amount notified to you and shown on your statement. This will be the total of any of the following that apply to your account plus any arrears:

• a) If any amount is owed on the balance of transactions on your Standard Facility (including BNPL Transactions for which the delayed payment period has ended) and is due for payment, 7% of that amount with a minimum of £5, or, if this amount is less than £5, the full amount owed. Any arrears are not included in the amount owed for the purpose of this calculation.

• b) Any default charges due.

• c) Any instalments due on Persistent Debt Plans as explained in clause 16.

You may pay more if you wish to do so. If you only make your minimum payment each month, it will take you longer, and cost more, to pay off your balance.

6. Allocation of Payments: except for payments you target to specific BNPL Transactions, any payments made under this agreement will be applied in paying off different amounts owing on the account in the order set out below. At all times we will prioritise higher interest rate transactions first and if you have multiple transactions at the same interest rate we will apply payment to the oldest transaction first;

• any default charges (including, first, any arrears);

• any other arrears;

• any amount due for transactions on BNPL Transactions for which the delayed payment period has ended;

• BNPL Transactions for which the delayed payment period ends in the current statement period;

• any new transactions excluding BNPL Transactions;

• BNPL Transactions for which the delayed payment period continues beyond the current statement period, starting with the BNPL Transaction which will become due for payment next;

• if you have a Persistent Debt Plan the payment allocation rules will operate as above except that payment will be made to a Persistent Debt Plan before Standard Facility Transactions at the same interest rate.

7. Total amount you will have to pay – Will be provided upon successful application.

8. Cost of Credit: A variable APR will be allocated upon successful account application and will be subject to your credit status.

In calculating the APR, no account has been taken of any variation of the interest rate which may occur under this agreement.

9. Standard Interest Rate: the interest rate that applies to the amount owed on your Standard Facility expressed on an annual percentage rate basis will be allocated upon successful account application and will be subject to your credit status.

10. Charging Interest: interest will be calculated on the daily balance of transactions owed on the account and will be compounded daily. It is charged to the account every month, so you may be charged interest on interest, with the following exceptions:

• c) for balances on a Persistent Debt Plan, interest will be calculated on the daily balance at the interest rate we told you about when the Plan was set up and will be charged to the account every month.

11. Payment Options: your account combines a number of different payment options to offer you flexibility in using your account. Some of these options may be offered to you when you make a particular purchase and some can be chosen by you when you make a repayment. These options are:b) BNPL Facility: we may from time to time offer an option to purchase items on BNPL terms. BNPL Transactions will have a delayed payment period of either 3, 6, 9 or 12 months. We will tell you how long the delayed payment period for any particular offer is when we make the offer. You will not have to make any payments during this delayed payment period. Interest will accrue on the outstanding balance of the BNPL Transaction during the delayed payment period. More details of how interest is charged and how to avoid paying interest are described below.

• BNPL Transactions will be charged to your account immediately. They will then form part of your total outstanding balance and be deducted from your Credit Limit when we calculate the amount you have available to spend. Each BNPL Transaction will become due for payment on the first statement after the end of the delayed payment period and any interest which has accrued will be charged to the account after the end of this period unless the full amount of the BNPL Transaction is repaid before the end of the delayed payment period.

  Interest is calculated from date of order, compounded daily (so you are charged interest on interest) and will be applied to your account as a lump sum immediately after the delayed payment period ends. This lump sum will attract further interest going forwards, meaning you will be charged interest on interest. Once the interest for the delayed payment period is charged it will be shown as part of the balance of the Standard Facility and will become liable for payment together with the balance of the BNPL Transaction. Interest will then be charged on this balance. If you pay part of the BNPL Transaction balance during the delayed payment period interest will only be charged on the remaining BNPL Transaction balance.

• Balance Transfer Facility: we may from time to time offer you the option to transfer balances to the various repayment options on your account as described in this clause.

12. Withdrawal of offers on breach: if you do not keep to the terms of the agreement it may affect the availability of offers to you, including BNPL.

13. Variation of Interest Rate: we have the right to vary the interest rate, upon giving 30 days written notification to you. Please refer to clause 17 for the reasons that might cause a variation in interest rate. If we increase the interest rate and you do not wish to accept the new rate, you may pay off your existing balance at the old rate over a reasonable period.

14. Charges and Fees: charges and fees are payable by you in respect of the following matters:

• For any letters, telephone calls or other debt collection activity we undertake - £12

• Any cheque, direct debit or other item for payment into your account that is unpaid or dishonoured - £15

• Any reasonable court fees & costs incurred by us in pursuit of arrears.

We reserve the right to vary these charges and fees and introduce new charges and fees at any time in accordance with clause 17.

15. Persistent Debt Plan: This means you paid more towards interest, fees and charges over the previous 18 month period than you paid towards reducing the amount you borrowed. If your account remains in persistent debt for a period of 36 months, we are required to inform you that you must take action to repay the amount of your account balance that is deemed to be in persistent debt by FCA rules (your “Persistent Debt Balance”) in a reasonable period of time. Unless you instruct us not to do so, we will transfer your Persistent Debt Balance, in full or in stages, onto a Persistent Debt Plan(s) to ensure your Persistent Debt Balance is repaid in a reasonable period of time. If we propose a Persistent Debt Plan(s) to you and you decline such, we may suspend your ability to drawdown further against your credit limit.

A Persistent Debt Plan will be over a fixed number of monthly instalments. We will inform you of the amount of the Persistent Debt Balance being transferred, the interest rate that applies to the Plan (this will be the Standard Interest Rate or a lower interest rate), together with the number and the amount of the monthly instalments and the total amount payable when we set the Plan up. The interest rate will be fixed for the duration of the Plan. Interest will be calculated on the daily outstanding balance of the Plan and will be charged to the account monthly. The amount of the instalment will be based on the amount of the Persistent Debt Balance we transfer from the Standard Facility on to the Plan plus interest calculated at the fixed interest rate, spread over the number of monthly instalments, assuming that all instalments are made in full on the due date.

The Plan instalment amount will form part of the minimum monthly payment on your account. If you do not make your payments for the Plan on the payment due date, additional interest will be charged which may result in the Plan extending beyond its original duration. Any additional interest outstanding at the end of the Plan must be repaid monthly at the original instalment amount.

Missing payments could have severe consequences, such as court proceedings being taken and judgement being enforced against you. It may make obtaining credit more difficult. We may also transfer your account to a debt collection agency.

Further Terms and Conditions

16. Consumer Credit Act Rights: under the Consumer Credit Act 1974 you have the right to withdraw from this agreement without giving any reason. This right of withdrawal ends on the expiry of 14 calendar days beginning with the day after the agreement is concluded. You must notify us of your intention to withdraw from this agreement, in writing or orally, and can do so by contacting us on telephone number 0204 577 0262, e-mail info@dividepay.co.uk, or in writing to Divide Pay, Customer Support Team, 59 Willow Walk, London N21 1NG. If you intend to withdraw you must repay any credit and any accrued interest without delay and no later than 30 calendar days after giving the notice to withdraw. Upon request we can advise you of the amount of interest you will be charged per day. You must still pay for any goods you have bought under this agreement unless you have a separate right to return them such as under an approval guarantee or distance selling regulation. You should not use any goods you have purchased using credit under this agreement if you plan to return them and you should keep them safe. You can make payment by contacting us as detailed above or you can go online.

Under the Consumer Credit Act 1974 you have the right to sue the supplier, us or both if you have received unsatisfactory goods or services paid for under this agreement costing more than £100 and less than £30,000.

You have the right to pay the balance of this credit agreement in full or in part under section 94 of the Consumer Credit Act 1974. If you wish to do this you must give notice to us before payment is made by contacting us as detailed above.

17. Our Rights to Vary and Suspend: we reserve the right to vary the terms of this agreement at any time to reflect:-

• changes in applicable laws or regulation;

• changes to our systems;

• changes in market conditions affecting our business;

• new developments in products, technology or other changes in lending practices;

• additional, enhanced or revised product features;

• new promotional offers;

• changes in your personal circumstances;

• changes which in our view effect your credit status.

We will give you 30 days written notice of the variation where any such change is not to your benefit. You may end this agreement by giving us notice and paying us the full outstanding balance before that change takes effect except in the case of an increase in the interest rate, in which case you can decline the increase and instead pay off the existing balance at the existing rate over a reasonable period.

We may vary the credit limit from time to time, but you can tell us if you do not want your credit limit to increase. You can also ask us at any time to consider increasing your credit limit, or tell us that you would like a lower credit limit. You can also instruct us not to increase your credit limit in the future. We will notify you of any changes to your credit limit.

We may at any time restrict or suspend the availability of credit to you, but would usually only do so if we believe that you may not repay the balance, if we suspect fraudulent use of the account, if you decline the offer of a Persistent Debt Plan described in clause 15, to comply with any legal or regulatory requirement or if we believe any event described in clause 18 has occurred or is likely to occur. You must not exceed your credit limit and, if you do so, you must repay the excess to us on demand. We will notify you if we suspend your account.

18. Termination and Repayment: either you or us may terminate this agreement. If you terminate the agreement, you must give at least 7 days written notice by contacting us at the address specified in clause 16 and you must immediately pay the full outstanding balance to us. If we terminate the agreement we will give you at least 2 months notice unless an event mentioned in this clause has occurred. You must repay the full outstanding balance to us on demand, subject to us giving you any statutory notice. The outstanding balance for all purposes of this agreement will include all sums due on the account (current balance) together with all amounts due for payment on your account at any time in the future.

We may demand immediate repayment of the full outstanding balance and/or terminate the agreement and/or suspend your right to use the account if:-

• you fail to pay the monthly payment by the due date;

• you exceed your credit limit;

• you become bankrupt, enter into a voluntary arrangement or make proposals for reduced payments;

• you have provided any false or misleading information on which we have relied;

• you breach any of the terms of this agreement in a way which we reasonably believe to be material;

• we believe the account is being used fraudulently or for an illegal purpose.

19. Transfer of Rights and Set Off: we may transfer any or all of our rights, duties and obligations under this agreement or arrange for any other person to carry them out on our behalf without your consent and/or without giving notice to you. Any such transfer will not affect your rights under this agreement or any other legal rights you may have such as under the Consumer Credit Act 1974. You may not transfer your rights, duties or obligations under this agreement.

If you have failed to pay us any amount you owe under this agreement, we may use the money we owe you (whether under or in relation to this agreement, or in any other way) to reduce or repay the amount you owe us. This is called a right of “set off”. We can use our set off right without telling you in advance.

20. Communicating with You: we may put your statement and any other notices that we wish to send to you or are required by law to send to you, such as notice of sums in arrears and notice of default sums, in the Transactions and Statements section of My Account on our website (or such other secure electronic location as we may notify to you). We will send you an e-mail to let you know when we do this. You agree that you consent to receive statements and notices in this way. Statements and notices will remain in My Account for up to 12 months after posting. We would therefore recommend that you print off or save a copy and keep it secure.

All communications in relation to this agreement will be in English.

You must notify us in writing of any change of your address within 7 days of such change.

21. General:

• a) Laws: this agreement is governed by the laws of England and Wales, which we also take as applying prior to the making of this agreement.

• b) Forbearance: if we temporarily relax any terms of this agreement, for instance by allowing you more time to pay, we may strictly enforce those terms again at any time.

• c) Unenforceability of term: if any term of this agreement is unenforceable for any reason, it shall not affect the enforceability of any other term of this agreement.

• e) Interpretation: reference in this agreement to “you” and “your” are to the Customer named on the agreement. References to “us” and “we” are to Divide Pay and include any other party to whom our rights and/or liabilities under this agreement may be transferred.

• f) Intermediary: TTBRC LTD, 59 Willow Walk, London, N21 1NG.

• g) Costs and Taxes: we are required to inform you that there is a possibility that other taxes or costs may exist during the currency of this agreement that are not paid via us or charged by us under this agreement.

22. If you have a Complaint: if you are not satisfied with any aspect of this agreement then write to: TTBRC LTD, 59 Willow Walk, London, N21 1NG. If you have complained to us and we have been unable to resolve your complaint, you may then refer the matter by telephone 0204 577 0262. Following our complaints procedure does not affect your right to take legal action.