Green Door Bridging Loans (NCRCP3225)
Terms and Conditions for Loan Agreements
Herewith the Terms and Conditions of Loan Agreement (in terms of section 93(2) of the National Credit Act No. 34 of 2005 (‘the Act”) for Green Door Financial Services (“Green Door Bridging Loans”). These Terms and Conditions form part of the Pre-Agreement Statement and Quotation and Loan Agreement. Any reference to “agreement”· hereunder will mean the Pre-Agreement Statement and Quotation and Loan Agreement together with these Terms and Conditions.
Introduction
Green Door Bridging Loans is registered with the National Credit Regulator (“NCR”) and subscribes to the National Credit Act. Should you wish to lodge a complaint you can contact the NCR on 0860 627 627 or Green Door Bridging Loans on 021 592 1833.
The agreement is concluded once Green Door Bridging Loans approves your loan application. The granting of the loan is entirely within the discretion of Green Door Bridging Loans. Any amendment made to the agreement will only be legally binding once Green Door Bridging Loans has notified you in writing of such amendment.
Late or Short Payments
In the event that an arrears amount exists on your account due to non-payment or late payment, the interest rate applicable to such amount in arrears shall not exceed the maximum interest rate applicable to your agreement under the NCA.
Pre-Agreement Disclosure
You have the right to delay concluding this agreement by 5 business days in order to consider the terms of the agreement.
If you elect, within the above 5 business day period, to conclude the proposed agreement, the agreement will be on the same terms (and at or below the interest rate and cost) as originally quoted to you by Green Door Bridging Loans.
Interest will be charged from the date that the money is paid to you by Green Door Bridging Loans and not from the date that you made the offer to conclude the loan agreement.
Repayment Terms for Debit Orders
Once the loan amount has been paid into your bank account, you will be responsible for repayment of the total amount as stipulated in the agreement (being the loan amount together with interest and all other charges such as administrative costs).
You will furnish a debit order in respect of any amount payable under the agreement and you consent to the following:
- Green Door Bridging Loans will raise a debit order to your account to collect your repayment of the loan/s and all costs, including, but not limited to, administrative fees;
- The reference on your bank statement for all Green Door Bridging Loans debit orders will be GREENDFI;
- If there are insufficient funds available to deduct your repayment, Green Door Bridging Loans will be entitled to track your account and represent the instruction for payment as soon as sufficient funds are available in your account;
- All payment arrangements will be deducted from your recently approved and validated banking details. This means in the event that the provided banking details are not valid or not approved by yourself, Green Door Bridging Loans will be entitled to debit any existing valid bank account.
Green Door Bridging Loans’ Right to Terminate the Agreement
If you fail to make any payment punctually, you agree that Green Door Bridging Loans may immediately claim the entire amount you owe in terms of the agreement from you (which includes, without limitation, loan amounts, arrear interest and any other monies owing against the outstanding loan amount). In these circumstances, Green Door Bridging Loans may enforce the agreement by taking the following steps:
- Green Door Bridging Loans may advise you in writing or by way of SMS that you are in default and propose that you refer the agreement to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction in order to resolve any dispute under the agreement or agree on a plan to bring the payments up to date.
- If you have been in default for at least 20 business days and at least 10 business days have elapsed since Green Door Bridging Loans sent you notice and you have not responded to the notice, or have responded by rejecting Green Door Bridging Loans’ proposals, Green Door Bridging Loans may approach a court for an order to enforce the agreement.
- You may at any time before Green Door Bridging Loans has cancelled the agreement, remedy your default by paying to Green Door Bridging Loans all amounts that are overdue, together with Green Door Bridging Loans’ permitted default charges and reasonable costs of enforcing the agreement up to the time you remedy your default.
Statements
Green Door Bridging Loans will, at your request, provide you with a statement setting out all charges levied, all payments made and the balance outstanding.
Early Settlement
You consent to the following:
- To contact Green Door Bridging Loans to obtain a settlement quote in the event that you want to settle your loan before the end of its term..
You are entitled to terminate this agreement at any time by settling the outstanding loan balance ahead of schedule at any time, with or without prior notice to Green Door Bridging Loans. The amount required to settle the loan account is the total of the unpaid balance of the principal debt and the unpaid interest charges and other fees and charges payable up to the settlement date.
Despite having received a settlement figure from Green Door Bridging Loans, you remain responsible for making sure that all amounts due by you to Green Door Bridging Loans (including without limitation, interest charges and administrative costs) have been settled in full.
Loan Agreement Default
If you do not comply strictly with the rules set out in this agreement, commit any act of insolvency, are sequestrated, make any untrue statements or representations, fail to disclose any information that is pertinent to the loan application or do anything that may prejudice the rights of Green Door Bridging Loans, Green Door Bridging Loans may, without prejudice to any other right that may accrue to Green Door Bridging Loans, claim the full amount outstanding which includes, without limitation, the loan amount, arrear interest or any other monies owing against the outstanding loan amount.
Jurisdiction
In terms of section 45 of the Magistrates’ Court Act, 32 of 1944, you hereby consent that Green Door Bridging Loans may institute any legal proceedings that have to do with this agreement or your account, in the Magistrates’ Court. You consent that we may institute action in any Magistrates’ Court, which, in terms of section 28 of the Magistrates’ Court Act, has jurisdiction over you. If we have to go to court for any reason related to this agreement, you will have to appear in the Magistrates’ Court. We can however choose to institute action against you in any court having jurisdiction.
Default Administration and Collection Costs
Should you be in arrears with your repayment of the loan and should Green Door Bridging Loans take steps to enforce the agreement in terms of the Act, you shall be liable for all default administration charges and collection costs incurred by Green Door Bridging Loans or its appointed collections agent, including collection commissions, costs of an attorney and such other reasonable expenses incurred by Green Door Bridging Loans or its appointed collections agent, in enforcing this agreement (such as telephone calls and letters to you), subject to the provisions of the Act.
Green Door Bridging Loans will not collect or its appointed collections agent, attempt to collect any amounts for costs exceeding costs allowed for in terms of the Act, Magistrates’ Court Act No. 32 of 1944, the Supreme Court Act No. 59 of 1959 or the Debt Collectors Act No. 114 of 1998.
Addresses
You choose the address as stated in the agreement as the address at which you will accept service of legal documents and notices.
If you have an address change, you are responsible for informing Green Door Bridging Loans of the new address either in writing or telephonically as soon as possible.
Green Door Bridging Loans’ chosen address and contact detail for all purposes under this agreement is as follows: telephone number 021 592 1833, postal address and physical address: 2nd Floor, 25 Voortrekker Road, Goodwood, Cape Town, 7460.
Certificate
A certificate signed by a Green Door Bridging Loans manager (who need not prove that appointment), will be sufficient proof of the balance outstanding under the loan and any other terms of the loan, unless proven otherwise.
Cession
Green Door Bridging Loans reserves the right, at any time and without notice to you, to cede any or all of its rights in and/or claims against you to a third party elected by Green Door Bridging Loans. By acceptance of this agreement, you hereby irrevocably and unconditionally consent to such cession.
Whole Agreement
The terms of this agreement are the complete and full terms of the agreement between you and Green Door Bridging Loans and there are no additional unspoken or implied terms and conditions, unless amended by agreement.
Marketing Option
When applying for a loan from Green Door Bridging Loans, you are entitled to request to be excluded from any or all of the following:
- Telemarketing campaigns conducted by or on behalf of Green Door Bridging Loans;
- Any mass distribution of email or sms messages.
You will be requested to exercise this right during the loan application process. The options you select will appear on the payment schedule attached to this agreement. You are entitled at any time to contact Green Door Bridging Loans and request that the options selected by you be amended.
Personal Information Consent
You consent to:
- The processing of your personal information by Green Door Bridging Loans on condition that they will keep such information confidential;
- The collection of your personal information from any other sources to add to the personal information which Green Door Bridging Loans has about you;
- Green Door Bridging Loans using your personal information and communicating with you regarding any offers that may be of interest or value to you.
Credit Enquiry and Reporting
You consent to Green Door Bridging Loans conducting a credit enquiry about you and confirming your details with any credit bureau, credit provider or third party and providing your personal information, including the manner in which you conduct your account.
Your Rights
In terms of the NCA you have the right to:
- contact a credit bureau;
- have your credit record disclosed;
- correct inaccurate information listed at a bureau;
- resolve a complaint by way of alternative dispute resolution or file a complaint with the NCR or make an application to the National Consumer Tribunal;
- apply to a debt counsellor to be declared over indebted in terms of the NCA and to have your debt obligations rescheduled.
The contact details of the NCR and the Tribunal are as follow:
NCR
T: 0860 627 627
F: 011 805 4905
Email: complaints@ncr.org.za
Website: www.ncr.org.za
National Consumer Tribunal
T: 012 683 8140
F: 012 663 5693
Email: complaints@ncr.org.za
Website: www.thenct.org.za