Credit Agreement
Credit Agreement
Credit Agreement
This Key Information document contains important information about your Credit
Agreement with Sky UK Limited (“Sky”) (FCA Authorisation Number 712293)
and Sky Subscribers Services Limited (“SSSL”) including your legal rights and
obligations under it. In this document “we”, “our” and “us” are references to Sky
and other members of the Sky group.
You should carefully consider the information in this document together with
the accompanying Pre-Contract Credit Information. The Pre-Contract Credit
Information tells you the amount of credit you will take out and your monthly
repayments.
The purpose of the Pre-Contract Credit Information and this document is to help
you decide whether you wish to take out a loan and enter into a Fixed Sum Loan
Agreement regulated by the Consumer Credit Act 1974 (“Credit Agreement”)
with us to finance your purchase of goods (defined in the Credit Agreement as
“Equipment”) from us, given your needs and financial situation. You will also be
agreeing to our sale contract for the purchase of the goods (“Sale Contract”).
You can also have a copy of the Credit Agreement and the Sale contract before
you enter into an agreement with us. If you still have any questions after you read
this document or the Pre-Contract Credit Information, the Credit Agreement, or
the Sale contract please contact us in any of the ways shown at the end of this
document.
3. What happens if I fail to make the repayments under the Credit Agreement?
Missing repayments could have serious consequences.
It could adversely affect your credit records, which may make it more difficult or
more expensive to obtain credit in the future.
You may also be required to repay the amount outstanding under your loan in full
ahead of the scheduled repayments.
If you fall behind on your repayments we will refer you to our internal team who will
work with you to help you catch up on your missed repayments.
We may also need to refer your case to a debt collection agency which will be
responsible for collecting any outstanding repayments from you.
Missing repayments will also mean you are not eligible to sell your Equipment back
to us under our swap equipment programmes.
Also, if we choose not to proceed with your application for credit on the basis of
information provided to us by a credit reference agency, we must inform you of this
and give you the details of that credit reference agency.
If you decide to withdraw from your Credit Agreement we will treat the Credit
Agreement as if it had never been entered into. If you withdraw from the Credit
Agreement and do not return your Equipment to us as a result of exercising your
cancellation rights for your Equipment (which are different to your right to withdraw
from the Credit Agreement), or are outside the cancellation period, you will have to
repay the amount of credit in full to purchase the Equipment outright. You must do
this without delay and, in any event, no later than 30 days after the day you gave us
notice of withdrawal. If do not want to purchase the Equipment and want to return
it to us, you must also exercise your rights to cancel your order under the Sale
contract, take reasonable care of the Equipment and return it to us in accordance
with our instructions.
Your Credit Agreement is made on the day you sign it and we will provide you with
a copy of the executed Credit Agreement.
Telephone 03442 41 41 41
number.
How and when We will provide the credit stated in the Credit Agreement
credit would be by applying it in full or partial payment of the cash price
provided.
of the Equipment. We will do this when the Equipment
is supplied to you under the Sale contract.
The duration The Credit Agreement is made on the date you sign
of the credit it and unless terminated earlier in accordance with its
agreement.
terms, the duration is 36 months from the date on which
the first of the repayments is due to be paid.
Description of
goods.
Cash price
Annual 0% APR
Percentage Rate
of Charge (APR).
This is the total
cost expressed
as an annual
percentage of the
total amount of
credit. The APR
is there to help
you compare
different offers.
Related costs
Costs in the case We will not charge you any late payment fee or interest
of late payments. on any late or missed payments under the Credit
Agreement.
Early repayment. You have a right to repay all or part of the credit early at
any time.
(a) concerning
the creditor
(b) concerning
the credit
agreement
The law The terms and conditions of the Credit Agreement are
applicable to the governed by English law, unless you live in Scotland
credit agreement
and/or the or Northern Ireland, in which case it will be governed
competent court. by Scots law or Northern Irish law (as applicable). Any
disputes under this Credit Agreement shall be dealt with
by the courts of the country whose law governs your
Credit Agreement, unless you live in Northern Ireland
or Scotland in which case you can choose to bring a
dispute before the courts in your country or the English
courts instead.
c) concerning
redress
1.1 This Credit Agreement is entered into between us and you to finance the
purchase of goods or services from us (the credit cannot be used for any other
purpose). Capitalised terms not defined in this Credit Agreement are defined in
your contract for the purchase of goods or services using the credit we provide
(“Sale Contract”).
1.2 To be entitled to credit from us you must enter into the Sale Contract at the
same time as entering this Credit Agreement.
Annual 0%
Percentage Rate The total amount payable under this Credit Agreement
of Charge
(“APR”): in order to finance the purchase of the Equipment is not
greater than the total cash price of the Equipment.
Charges for late We will not charge you any late payment fee or interest
payments and on any late or missed payments under this Credit
other costs or
charges: Agreement.
4.2 This Credit Agreement will automatically end when all the amounts you are
required to pay under it have been paid in full or on earlier full repayment.
If you do not exercise your right to withdraw, this Credit Agreement will remain in
full force and effect and its terms and conditions will bind you.
5.2 If you decide to withdraw from this Credit Agreement, we will treat the Credit
Agreement as if it had never been entered into. However, this does not affect your
agreement to purchase the Equipment under the Sale Contract – please see the
Sale Contract for details of your rights to cancel your purchase in your cancellation
period.
5.3 Any withdrawal from this Credit Agreement must be in accordance with this
condition 5.3. You can give us notice of withdrawal (and provide details of this
Credit Agreement) by contacting us by:
a) Phone: 03300 41 25 24;
b) Writing to us: Sky Subscribers Services Limited, PO Box 43, Livingston, West
Lothian EH54 7DD;
c) Email: MDThorndike@sky.uk or
d) Visiting “Contact Us” in My Sky at sky.com and completing the online cancellation
form, or using Live Chat to speak to one of our advisors.
5.4 If you withdraw from this Credit Agreement and do not return your Equipment
to us as a result of exercising your cancellation rights for your Equipment, or are
outside the cancellation period for your Equipment, you will have to repay the total
amount of credit outstanding in full to pay for the Equipment outright. You must do
this without delay and, in any event, no later than 30 days after the day you gave
us notice of withdrawal. To make this payment, please call us on the number above
and make payment using either a debit or credit card.
5.5 If you do not want to keep the Equipment and you exercise your rights to
cancel your order for the Equipment under the Sale Contract this Credit Agreement
will automatically terminate. You must take reasonable care of the Equipment and
return it to us in accordance with our instructions. See the Sale Contract for more
details.
6. Statement of account
6.1 You have a right under section 77B of the Consumer Credit Act 1974 to
receive a statement of account on request, free of charge, at any time during the
period of this Credit Agreement. This will show the amount of each Repayment still
owing under this Credit Agreement at the time of your request, the date on which
each Repayment is due, any conditions relating to its payment and a breakdown of
each Repayment showing how much comprises capital and any other charges. At
the same time as giving you this statement, Sky will also tell you how much you
have paid under this Credit Agreement at the time of your request.
6.2 We will not have to comply with a request for a statement of account if you
requested such a statement less than one month before and we complied with that
request.
7.2 If we obtain judgement against you we may seek to secure this judgement by
way of charging order over your home, which might ultimately result in your home
being repossessed, or if you live in Scotland, an action for payment, adjudication,
inhibition, arrestment or sequestration.
9. Early repayment
9.1 You have the right to repay this Credit Agreement early, in full or in part,
at any time. You must give us notice by phone or in writing that you would like to
make an early repayment - please see ‘How to get in touch with Sky’ below for our
contact details.
9.2 If you are making full early repayment, you must pay to us all the amounts
payable under this Credit Agreement.
9.3 If you are repaying this Credit Agreement early in part, you must make the
partial repayment before the end of the period of 28 days beginning with the day
following the day we receive your notice, or on or before any later date specified in
your notice.
9.4 Any early repayment (whether in full or in part) must be made by phone -
please see ‘How to get in touch with Sky’ below for our contact details.
9.5 If you repay part of the credit earlier than the date it is due, we will
apply the early repayment to the last Repayments you agreed to make until the
early repayment has been exhausted. This means that the duration of this Credit
Agreement will be shorter but the amount of any monthly Repayments remaining
will stay the same.
10. How to get in touch with Sky (including if you have a complaint or dispute)
10.1 If you need to get in touch you can:
a) chat to one of our online advisors by visiting ‘Contact us’ in My Sky;
b) phone us on 03442 41 41 41. Calls to and from Sky may be recorded or
monitored for training and other purposes; or
c) write to us at Sky Subscribers Services Limited, PO Box 43, Livingston,
West Lothian EH54 7DD. If you are writing to us to about applying for a ‘Time
Order’ please also send a copy to Sky UK Limited - Legal Department, Grant
Way, Isleworth, Middlesex TW7 5QD.
You will need to provide details of your Credit Agreement when you contact us.
10.2 We are committed to providing you with the best possible products and
services, but we understand that sometimes things do go wrong. In the unfortunate
circumstance that you have a complaint please get in touch with us straight away
using the details above (please mark any letter you send us for the attention of
‘Customer Complaints’).
10.3 If you'd like to find out more about how we deal with your complaints
and options for alternative dispute resolution, read our 'Complaints Code of
Practice' which you will find by visiting ‘Complaints’ in My Sky or by going to
sky.com/help/articles/sky-customer-complaints-code-of-practice.
10.4 Alternative dispute resolution services for Sky Mobile customers entering
this Credit Agreement are provided by the Financial Ombudsman Service (see
condition 10.5 below).
10.5 You also have the right to complain to the Financial Ombudsman Service:
a) Write to them: Exchange Tower, London E14 9SR
b) Call them: 0800 023 4567
c) Go to their website: www.financial-ombudsman.org.uk/
d) Email them: complaint.info@financial-ombudsman.org.uk
12.2 Unless we agree otherwise, you must have a continuous payment method
set up with us at all times (for example, direct debit), which we will use to take your
Repayments on or around the date we agreed.
12.3 If you do not make the Repayments when they are due we will consider this
a serious breach of this Credit Agreement and may terminate it by giving you the
required statutory default notice in writing. Please let us know as soon as possible
if you are having problems making your Repayments or think there is a mistake in
the Repayment amounts notified to you so that we can check this.
12.4 We will not charge you any late payment fee or any interest on any
Repayment made late under this Credit Agreement.
12.5 Your obligation to make Repayments under this Credit Agreement is not
dependent on us providing any goods or services other than the Equipment listed
above.
12.6 Unless you have asked us to apply them towards repaying your credit
early (in full or in part) under condition 9 above, you acknowledge that any one-off
payments you make to us will be applied first to amounts outstanding under the
contract you have with Sky for which fees or interest will be charged for late
payment and for which the amounts have been owing to Sky for the longest period
of time. If two amounts have been outstanding for the same length of time and no
fees or interest for late payment are charged for either, any payments you make will
be used to repay the credit under this Credit Agreement first (with any remaining
amounts being applied towards your other Sky contract).
12.7 If you take other products and services from us (for example, Sky TV or Sky
Broadband), we will not take any action to terminate or restrict those products or
services if you do not make the Repayments when they are due even if the contract
for any such other products or services says otherwise.
a) by exercising your right to withdraw from the Credit Agreement or the Sale
Contract as described under condition 5 above;
b) by exercising your right to repay all or part of the credit under the Credit
Agreement early as described under condition 9 above.
14.2 If we end the Credit Agreement under conditions 14.1 above it shall not
affect your obligation to repay any outstanding balance due to us but will result in
you having to repay this to us sooner than agreed in condition 3.1.
15.2 We may also change or add to any of the conditions in the Further Terms
and Conditions section of this Credit Agreement to update our contracts from time
to time so all our customers are on the same conditions.
15.3 We will notify you in writing via a notice of variation (“NOV”) at least 31 days
before any changes or additions to these conditions come into effect unless we
are required to make changes or additions immediately for valid legal or regulatory
reasons in which case we will give you as much notice as reasonably possible.
15.4 If you change your Equipment by exercising your cooling off rights or
your Equipment is replaced under the Sale Contract (for example, we replace
your Equipment because it is faulty or defective) but the same Equipment is not
reasonably available and your amount of credit and monthly Repayments stay the
same, the replacement Equipment we supply will be at least equivalent to the
original Equipment. We may record this amendment by issuing a NOV and this
Credit Agreement will be deemed amended accordingly.
16. Notices
16.1 Unless otherwise agreed, you must provide us with an email address which
we may use to keep you updated about your Credit Agreement. You should check
your email account regularly. We will treat notices sent to your email address as
effective even if you don’t access your email account or you become disconnected
from it.
16.2 All contact and account details you provide us must be accurate and kept
up to date.
16.3 Where we are required to provide you with statutory notices in paper
form, we will do so by sending such notices to your address as shown above or
such other address as you have notified to us being the address of your principal
residence.
16.4 Where we are required to give you a document under the Consumer Credit
Act 1974 we will do this by letter, or by email to the email address shown above
by setting out the contents of the document within the body of that notice in the
email in html form, or by sending it by PDF to your Message Centre (we’ll alert you
by email or SMS if a notice has been added). If you are a Sky TV customer, the
Message Centre may also be available via your Sky TV service.
16.5 In all other cases where we are required under this Credit Agreement
to give you notice in writing, we will give you this notice by:
a) Letter, email or SMS; or
b) Where appropriate, via a message in the Message Centre (we’ll alert you by
email or SMS if a notice has been added) or elsewhere in the area within our online
customer account on sky.com, such as My Sky, or on your monthly bill.
A written notice may refer you to other widely available (written or non-written)
means for specific details or further information (for example, a free phone
number). In all other cases where we are required to give you notice, we may give
you notice in writing or we’ll notify you using another appropriate method including
during a phone call, on sky.com or, if you are also a Sky TV customer, on the Sky
information channel the Sky TV box tunes to when it is turned on.
16.6 If a notice given in writing is sent with any other document the notice will
be clearly marked and, if sent by post, on a separate sheet of paper.
16.7 Any notice you give us (other than where you are exercising your right to
cancel during your cooling-off period, for which see ‘Right of withdrawal’ above, or
you are exercising your right to repay this Credit Agreement early in full or in part,
for which see condition 9.1 above) must be given by phone (03442 41 44 14) or
by using one of our online messaging options on sky.com. Notice given by these
means will be processed immediately. You can also write to us (Sky Subscribers
Services Limited, PO Box 43, Livingston, West Lothian, EH54 7DD) or e-mail
us via mysky@sky.uk. If notice is given by these means we may need to verify
account information before the notice is effective (and once verified the notice
will be effective from the date of the original notice). We will acknowledge written
notices by return letter or email and will contact you separately if we need to verify
any account information.
16.8 Where you are required to give us a specific period of notice we may agree
to a longer period of notice from you but we can refuse this where reasonable to
do so (for example where a longer period would be complicated to administer).
17. General
17.1 If we don’t exercise a right we have under this Credit Agreement, it does
not mean that we have waived this right.
17.3 Sky and SSSL can transfer our rights and obligations under this Credit
Agreement, and disclose your account information, to any member of the Sky
group of companies or any other company, firm or person either as a variation
to this Credit Agreement or as a new contract provided in either case this does
not affect your rights under this Credit Agreement in a negative way. Where a new
contract will be entered into this will become effective 31 days after we notify you
in writing of the transfer.
17.4 Sky and SSSL can assign or transfer our rights under this Credit
Agreement, and disclose your account information, to any member of the Sky
group of companies or any other company, firm or person provided that this does
not affect your rights under this Credit Agreement in a negative way.
17.5 This Credit Agreement is personal to you. You may not transfer your rights or
obligations under this Credit Agreement to anyone else unless we agree otherwise,
and no third party is entitled to benefit under this Credit Agreement except pursuant
to condition 17.3 and 17.4 above.
17.6 The Credit Agreement is governed by English law, unless you live in
Scotland or Northern Ireland, in which case it will be governed by Scots law or
Northern Irish law (as applicable). Any disputes under this Credit Agreement
shall be dealt with by the courts of the country whose law governs your Credit
Agreement, unless you live in Northern Ireland or Scotland in which case you can
choose to bring a dispute before the courts in your country or the English courts
instead. We will only communicate with you in English in relation to this Credit
Agreement.
It is important that you have read and understood this Credit Agreement
(including the terms and conditions set out above) before you sign this Credit
Agreement. If you are unsure or have any questions about any aspect of this
Credit Agreement (including the terms and conditions) please contact us or
seek independent advice.