(Incorporating Disclosure Statement and Wage Deduction Authority)
|Name: Zebra Finance Limited||Phone: 03 377 7774|
|Trading name: Zebra Loans Limited||Email: firstname.lastname@example.org|
|Address: 18 Leslie Hills Drive, Riccarton|
|Christchurch, New Zealand|
IMPORTANT – The Lender is required to provide you with a disclosure statement under section 17 of the Credit Contracts and Consumer Finance Act 2003 and the disclosure details are provided below. This document sets out the key information about your consumer credit contract. You should read it thoroughly. If you do not understand anything in this document, you should seek independent advice. You should keep this information and a copy of your consumer credit contract in a safe place
1. General Terms and Interpretation
1.1. By accepting this Credit Agreement the Borrower agrees to be bound by the terms of this agreement, the general terms and conditions (the “General Terms”) , and any other email correspondence that expressly alters the terms of the Agreement. Our General Terms can be found on our website at www.zebraloans.co.nz under heading Terms and Conditions.
1.2 Terms not otherwise defined in this Credit Agreement have the meaning given to them in the General Terms.
2. Loan Details
2.1 Interest to the expiry date is:
The above amount is made up of:
The credit limit under this Credit Agreement and the total of advances made or to be made under this Credit Agreement is the same as the initial unpaid balance above. The total interest charges above are the total interest charges payable under this Credit Agreement provided the Loan is paid on the Expiry Date. The Borrower only receives the Net Advance described above.
2.2 Expiry Date (if repayment not demanded) 30 December 2019
The Loan shall be repaid in full immediately upon demand by the Lender or, if no demand is made, immediately on the Expiry Date, together with all accrued interest to the date of repayment. If repayment installments are listed below and the Lender has not made demand, the Loan and applicable interest shall be paid on the relevant installment date.
The current repayment schedule (if repayment of the Loan is not demanded earlier by the Lender), including interest and the frequency of the required interest payments, as at the date of this Credit Agreement is as follows:
Breakdown of payments get listed here:
Lender’s Bank Account details:
All Loan repayments must be made by direct debit. The Lender will set up the direct debit arrangements with the Borrower’s Bank. If the Borrower makes an early repayment the interest amount and direct debit fees will be reduced accordingly. There is no penalty for early repayment.
2.5 Interest Rate and Method of Calculation
Fixed at 1.50% per day. The annual interest rate is 547.50% per annum. Interest is calculated by multiplying the amount of the unpaid balance of the credit limit under this Credit Agreement by the daily Interest Rate for the relevant number of days, and accrues in accordance with the General Terms.
3.1 The following credit fee(s) and charge(s) (which are not included in the initial unpaid balance) are, or may become, payable by the Borrower under, or in connection with, the Credit Agreement.
|$50.00||Debt Collection fee|
|$15.00||Wage Deduction Fee|
|$5.00||Direct debit cancellation fee|
3.2 In the event of a default in payment, and while the default continues, interest on the amount in default will be capitalised each day the default continues and form part of the Loan. The amount that is capitalised will bear interest at 1.5% per day. The Borrower may repay the capitalised amount in accordance with clause 2.3. In the event of a breach of this Credit Agreement or on the enforcement of this Credit Agreement
4 Continuing Disclosure
4.1 The statements of your account are available upon request. Email us at email@example.com at no cost. The borrower consents to the lender making any type of disclosure by electronic means, including by email or by reference to a page on the Lender’s website.
5 What could happen if you fail to meet your commitments and security interest
5.1 The Lender will charge you a default fee of $20 for each missed payment.
5.2 The Lender will approach your employer to make a wage deduction from you next pay run unless you advise your employer in writing that you do not consent to a wage deduction. Please refer to Clause 6 of the General Terms for further information.
5.3 The Lender will register defaults against your name with Centrix and other collection houses or agency.
5.4 The Lender will exercise its rights and remedies under this Credit Agreement.
6 What to do if you suffer unforeseen hardship
6.1 If you are unable reasonably to keep up your payment or other obligations because of illness, injury, loss of employment, the end of a relationship, or other reasonable cause, you may be able to apply to the Lender for a hardship variation.
6.1 To apply for a hardship variation, you need to:
a) make an application in writing;
b) explain your reason(s) for the application; and
c) request one of the following:
i. an extension of the term of this Credit Agreement (which will reduce the amount of each payment due under this Credit Agreement); or
ii. a postponement of the dates on which payments are due under this Credit Agreement (specify the period for which you want this to apply); or
iii. both of the above; and
d) give the application to the Lender.
Do this as soon as possible. If you leave it for too long, the Lender may not have to consider your application.
7 Dispute Resolution
7.1 Name of Dispute Resolution Scheme: Financial Services Complaints Limited
It is free to make a complaint to this independent dispute resolution scheme. This scheme can help you to resolve any disagreements you have with the Lender.
7.1 7.2 Contact details for dispute resolution scheme:
Phone: 0800 347 257 (freephone) or (04) 472 3725 Website: http://www.fscl.org.nz/
Business address: Level 4, 101 Lambton Quay, Wellington
8 Registration as financial Service provider
8.1 Lender registration name: Zebra Finance Limited
8.2 Registration number: FSP496466
9 Right to cancel
This section 9 applies if this consumer credit contract is rolled over so that the credit contract has a period longer than 2 months.
You are entitled to cancel the consumer credit contract by giving notice to the creditor. Time limits for cancellation You must give notice that you intend to cancel the contract within 5 working days of the statement date on the front of this document. Saturdays, Sundays, and national public holidays are not counted as working days.
How to cancel
To cancel, you must give the Lender written notice that you intend to cancel the contract by— giving notice to the creditor or an employee or agent of the creditor; or posting the notice to the creditor or an agent of the creditor; or emailing the notice to the creditor’s email address (if specified on the front of this disclosure statement); or sending the notice to the creditor’s fax number (if specified on the front of this disclosure statement). What you may have to pay if you cancel If you cancel the contract, the Lender can charge you (a) the amount of any reasonable expenses the Lender had to pay in connection with the contract and its cancellation (including legal fees and fees for credit reports, etc); and (b) interest for the period from the day you received the advance until the day you repay the advance.
Wage Deduction Authority
DATE: TO: Dear Sir / Madam
I, [borrower’s name], have a short term loan with Zebra Finance Limited. To secure the loan in the event that I fail to repay the loan amount by the due date, I have signed this letter and the Wage Deduction Authority / Assignment of Wages below. Please accept this letter and Wage Deduction Authority as my irrevocable assignment of wages and I instruct that my wages, salary, commissions and holiday pay are to be paid to Zebra Finance Limited upon presentation of this letter and when so instructed by them.
IRREVOCABLE ASSIGNMENT OF WAGES
I, [borrower’s name], hereby irrevocably assign and transfer absolutely to Zebra Finance Limited (Assignee) all of my wages, salary, commissions, holiday pay and any other monies earned or to be earned while I am employed at or any future employers to the amount as we may owe to the Assignee from time to time and this amount will be communicated to you by the Assignee as due and owing, being the amount advanced as well as interest and any other amount which the Assignee incurred by way of collection, recovery and legal fees.
WAGE DEDUCTION AUTHORITY (PURSUANT TO S5 WAGES PROTECTION ACT 1983)
I, [borrowers name] , hereby authorise and direct my employer and future employers to deduct (‘the amount’) each pay period (as specified and communicated by the Assignee) from my wages, salary, commissions, holiday pay and any other monies earned and to pay that amount to: Zebra Finance Limited [Bank Account number to follow] I hereby irrevocably appoint Zebra Finance Limited my true and lawful attorney to take all proceedings and actions which may be necessary to give effect to the assignment or the recovery of any amount or amounts assigned in my name. I hereby indemnify and release my employer and all future employers from any liability whatsoever in payment of any amount in accordance with the terms herein.
Zebra Loans Tax Authority Agreement
AUTHORITY TO OBTAIN INFORMATION FROM INLAND REVENUE
Provided you have selected the option to process your tax return on our website, you give authority for Zebra Finance Limited (“Zebra”) to act as my tax agent for all purposes associated with the preparation of my Personal Tax Summaries (“PTS”) and tax returns, and to ‘link’ me to their tax agency client list with the Inland Revenue Department (“Inland Revenue”), until I request otherwise.
I acknowledge that this gives Zebra authority to do all of the following:
- Link my IRD number to their client list on an ongoing basis and, if I already have a tax agent, delink me from my previous agent’s list.
- Automatically process my tax refund in June each financial year unless advised otherwise.
- Obtain and retain all information necessary for Zebra to perform the services requested, including information from Inland Revenue in regards to all my tax types, including income tax, student loan, ‘Working for Families’ and rebates, and all other tax matters, by any available contact method, including phone, internet, fax, mail, email and all e-services.
- Sign PTS/tax returns on my behalf.
- Collect and retain information about me for use by related parties of Zebra (including subsidiaries and joint venture entities) and companies with whom Zebra shares a commercial relationship.
- On linking, all correspondence relating to income tax will be sent to Zebra. Relevant correspondence will then be forwarded to me via post or email. All correspondence from Inland Revenue relating to any other tax type or matter will continue to be sent directly to me unless Inland Revenue hold an invalid address in which case it will be redirected to Zebra. I understand that it is my responsibility to ensure that both Zebra and Inland Revenue have my current address.
ACCURACY OF INFORMATION
Zebra relies upon the information submitted by the taxpayer and provided to it by Inland Revenue. I acknowledge that I am solely responsible for ensuring that all information I provide or that is provided on my behalf to Zebra is complete and accurate and that Zebra does not undertake any audit or verification of such information and I acknowledge that submitting an application constitutes my electronic signature.
I agree to pay to Zebra as a tax return/PTS preparation fee:
a sum equivalent to 20% (minimum $17.99, maximum $399) of all tax refunds or credits paid from every PTS requested by Zebra on my behalf via the Zebra website (Note: a lower fee of $4.99 will apply for gross refunds $50.00 and under);
RECEIPT AND PAYMENT OF TAX REFUNDS
In respect of any tax refunds due to me, I give the following authorities:
for Zebra to receive any tax refund on my behalf, and deposit this into the Zebra bank account;
for Zebra to debit from such tax refund and pay to Zebra my tax return/PTS preparation fee and any other fees (as set out in clause 3.3); and
for Zebra to pay the net balance of the tax refund to me, either by direct credit into my bank account supplied as part of my Zebra Loan application process, as recorded in my application, or by cheque, as per the postal address supplied with the filing authorisation.
If part or all of my tax refund goes to arrears on my Inland Revenue account, I accept that Zebra will deduct its fees for the tax return/s calculated based on its assessment (including any transfers) from any amounts that are released by Inland Revenue.
In the event that:
- my tax refund is applied to a bank account in error (for example, where I have given an out of date or incorrect bank account number);
- my tax refund wholly or partly goes to arrears on my Inland Revenue account or an indebtedness to an eligible third party and to the extent there is an insufficient amount remaining to deduct the fees; or
- I delink Zebra as my tax agent after the tax refund process has commenced, but prior to receipt of the tax refund by me,
I confirm that I will remain liable to Zebra for the fees set out above (which would be otherwise paid to Zebra and will pay such fees within 7 days of receipt of invoice or that these fees may be deducted from any future refund.
I agree that I am liable to pay any administration costs and fees incurred for debt collection, should I owe Zebra overdue amounts.
Zebra will not be responsible for any money deposited into a bank account provided in error.
AUTHORISATION FOR RECENT REFUND INFORMATION
I authorise Zebra to utilise my first name, city/town of residence and tax refund amount on its website.
I understand that while Zebra aims to pay the net balance of my tax refund to me within 3 working days from the date I make my application, this time frame can be increased by delays at Inland Revenue. I understand a 3 day time frame is not guaranteed, and release Zebra from any liability for payment occurring outside of that time frame. Tax refunds for the most recently completed tax year which ends on 31 March will not be issued until mid June (at the earliest).
I agree that Zebra, through an appointed third party provider, may verify my identity by photo identification, address verification, NZ Driver’s Licence verification, and/or NZ Passport verification (if details are supplied by me).
DISCLAIMER AND LIMITATION OF LIABILITY
I acknowledge that neither Zebra nor any of its directors or employees accept any responsibility or liability for the accuracy of the information from which the PTS/tax returns have been prepared.
I agree that I am liable for any payment required by Inland Revenue as a result of Zebra filing my tax return(s) or requesting my PTS on my behalf.
I agree that nothing in these Terms creates evidence of any partnership, joint venture, employer/employee or fiduciary relationship with Zebra.
I hereby confirm that I have read and understood the terms of this Credit Agreement, Wage Deduction Authority, Zebra loans tax authority agreement, the General Terms and agree to be bound by this Credit Agreement and the General Terms.
Signed by: [borrower’s name]
(Borrower) [wp_e_signature_sad doc=”16″]