We all know that legal agreements are not always the easiest documents to understand, so this glossary is designed to help You understand what You and We are agreeing to.
The review which We shall undertake each year to establish whether Your circumstances have changed in any material way as a result of which it may be necessary or desirable to renegotiate the terms of Your DMP with Your Creditors or consider alternate debt solutions.
In addition, We may also conduct a review in the following circumstances:
Change of circumstances If there is a meaningful change in Your circumstances, You must inform Us promptly and We will arrange a review of Your plan.
Creditor Requests Should one or more of Your Creditors request a review of Your financial circumstances it is agreed that You will fully co-operate with Us to provide any information or documentation that is deemed necessary to perform that review.
When reviewing a DMP, We must carry out a reasonable and reliable assessment of not just Your financial position but also Your personal circumstances and any other relevant factors. We will provide the outcome of Our advice or recommendation in the form of an advice letter, which will also include Your choice in terms of the debt solution You elect to progress with following the review. We will discuss the advantages and disadvantages of each debt solution that You are eligible for and why We believe these are suitable or unsuitable to Your circumstances with reference to impartial sources of information (e.g. GOV.UK website and The Insolvency Service leaflets).
Any advice given and actions taken by Us will be appropriate to Your circumstances and take account of Your personal objectives.
Failure to fully participate in a review may result in Your plan being terminated after a number of attempts to engage with You. It is a condition of Your Debt Management Agreement and the Financial Conduct Authority rules that We operate to that You undertake a review at least annually and whenever there is a meaningful change in Your circumstances.
i. any cash which We have received from You
ii. any monies which We have received into Our Client Account from You by transfer from AllPay it will take ten (10) working days for Us to receive these monies as cleared funds
iii. any monies which We have received into Our Client Account from You by electronic transfer (such as by standing order, direct debit or bank giro credit transfer) and which have not been returned unpaid within four (4) working days
iv. any cheques, postal orders or banker’s draft which We have received from You which have not been returned unpaid within five (5) working days.
The account where monies held on behalf of You are kept and which cannot be used for Our own business purposes. This account is non-interest bearing.
Client Authority Form
The letter of authority which You sign to give Us authority to contact Your Creditors and to act on Your behalf. This may need to be periodically renewed at the request of Your Creditors.
Common Financial Statement or Standard Financial Statement
This represents Your final signed Statement-of-Affairs that is submitted to Your Creditors. The Common Financial Statement is a budgeting tool that can be used by licensed advice agencies to make debt repayment offers to Creditors on Your behalf. It provides an accurate overview of Your income, expenditure, assets and liabilities in an industry standard format. It will be replaced by the Standard Financial Statement from March 2017 for different debt solutions.
Cooling off period
The period of fourteen (14) calendar days between Your signing of Your Debt Management Agreement (DMA) and Us starting to act for You. During this period You have the right to cancel this agreement and receive a refund of all monies You have paid Us to date.
The organisations to whom You owe money that are not Priority Creditors. This means all of the people or businesses You have told Us You owe money to and who are included in Your Statement of-Affairs and Single Payment Plan (SPP).
Debt Management Agreement or DMA
The Agreement which forms the contract between You and Us for the provision of the services to You.
Debt Management Plan or DMP
The arrangement which We negotiate with Your Creditors to achieve repayment of Your debts.
Debt Management Service
The Services which We provide to You in negotiating with Your Creditors and managing Your payments to them.
Our fees in respect of Monthly Management Fees and Final Settlement Fees.
Final Settlement Fees
The fee at the current rate in force or as specified in Your Debt Management Agreement (DMA) payable to Us for the successful provision of Final Settlement Services on one of more of Your debts that You have authorised Us to act upon. The fees applicable will be confirmed in writing prior to Us requesting funds be paid into the full and final settlement Client Account by You.
Final Settlement Services
The Service by which We negotiate with Your Creditors to achieve a full and final settlement of one or more of Your debts. You will be separately invoiced for any Final Settlement Fees. When You request and authorise Us to enter into Full and Final Settlement negotiations with one or more of Your creditors part of or all of any monies deposited into the full and final settlement Client Account may not be disbursed to Your creditors within five (5) working days of the funds being cleared as the length of the negotiations could extend beyond five (5) working days. We will keep You informed of the outcome of each negotiation.
Legal Support Services
The priority processing of legal collection paperwork by Us that may cause Client detriment if not processed in a time critical manner. If We are unable to assist You then We will make best endeavours to notify You at the earliest opportunity from receipt of Your documentation.
The total amount which is paid every month by You to Us throughout Your Debt Management Plan (DMP) with Us through Your Single Payment Plan (SPP). This is made up of the Monthly Repayment to Your Creditors, Our Monthly Management Fee and other payments as instructed or agreed with You (including any Insurance Premiums), where applicable. Where You request to pay Us more frequently than monthly (e.g. weekly) a multi-payment arrangement will be recorded to enable You to make more frequent payments than the single Monthly Payment. Once the final payment making up the Monthly Payment has cleared then We will distribute to Your creditors within five (5) working days of clearance of this payment. As a result, some of the multi-payment instalments may not be distributed within five (5) working days.
Monthly Management Fee
The Monthly Management Fee at the current rate in force for the ongoing management of Your agreement with Us. Any changes in the Monthly Management Fee will be notified to You in the monthly statement preceding the change or by separate communication in durable medium at least 30 days prior to collection. The Monthly Management Fee is deemed to have been earned once We have distributed Your disposable income to Your Creditors in the form of Your Monthly Repayment. It is paid to Our fee account from the Client Account when Your Creditors are paid.
Unless otherwise notified of a reduced Monthly Management Fee, the minimum Monthly Management Fee is £35.00. If Your disposable income (i.e. Your Monthly Payment after deduction of any insurance premiums) exceeds £200 then the Monthly Management Fee will be calculated as 17.5% of the Monthly Payment (minus any insurance premiums, which will be transferred from the Client Account on the date of clearance). There is a maximum Monthly Management Fee of £90.
All Debt Management Agreements are subject to fee caps or have upper limits on the number of Monthly Management Fee instalments paid by You. Your monthly Single Payment Plan statement shows the number of Monthly Management Fee instalments paid.
Fee caps or upper limits on the number of Monthly Management Fee instalments depend on the start date of Your agreement, which must have been continuously in force without termination. Your Review Statement will detail the impact of the fee cap on the total fees remaining to be paid based upon Your current Monthly Repayment.
The addition of credit agreements to Your plan (with material balances) during the course of the plan will impact the applicability of any fee caps or upper limit, which may mean that a Monthly Management Fee continues to be charged for a period beyond the original projection when Your Single Payment Plan started. Missed or short payments have the effect of extending the plan and don’t count towards the upper limit. You will be advised of this when conducting Your Annual Review.
Represents the part of the Monthly Payment paid to Us through Your Single Payment Plan (SPP) that is disbursed to Your Creditors. This is used to calculate the duration of Your Debt Management Plan (DMP) and total fees payable.
A statement issued by Us on demand detailing monies paid to Us by You, disbursements made by Us to Your Creditors and any deductions for Our Fees. The statement will detail all the valid Payment Methods that We accept and the time to be allowed for cleared funds. This may be provided in hard copy or electronically.
Notice of Termination
If You do not fulfil Your agreement with Us We may terminate Your agreement. The circumstances in which We may terminate this agreement are:
v. that the monthly Single Payment Plan (SPP) payments for distribution to Creditors are not received into Our Client Account for a period of three consecutive months or three separate payment failures in a twelve (12) month period; or
vi. You do not fully participate in Your Annual Review, which includes making Yourself available for a review of Your plan with a debt adviser either by telephone or face-to-face; or
vii. You repeatedly fail to comply with requests for information or documentation, where this is fundamental to the delivery of the service; or
viii. You become bankrupt, file a bankruptcy petition that results in a bankruptcy order, make an arrangement or composition with Your Creditors, or
ix. You make a formal application to a court for protection from Your Creditors generally
We will give You at least four (4) weeks’ notice in writing with a right of appeal, which should be addressed to Our Client Services Manager at the address listed on the Debt Management Agreement (DMA). Where You terminate Your agreement and We have agreed at Your request to restart Your plan under the same DMA number, You will then waive Your rights to a Refund and the agreement will be subject to the latest terms of business, which would include restarting the calculations towards the prevailing fee cap policy.
Upon termination of this agreement by either party We will within seven (7) working days notify Your Creditors that We are no longer acting for You. At the end of the notice period We will refund all Cleared Funds that have not been disbursed to Creditors from the Client Account.
Our duties and obligations under this Agreement will then come to an end. You have the right to request the return of any copy paperwork relating to Your account at this stage. We will retain personal data in accordance with Our data retention policy.
In certain circumstances You may need to contact Us or We may need to contact You formally to give the other notice in relation to this Agreement (e.g. Notice of Termination). All notices sent under this Agreement shall be valid if sent by second-class post or in any other format agreed between the parties.
The range of payment methods offered by Us to pay Your Single Payment Plan (SPP) or any Fees, for example: Direct Debit, Standing Order, Debit Card (on-line and over the telephone), Pre-paid Current Account, Allpay payment card or on-line through www.MoneySaveSolutions.com or other websites notified to You from time to time.
Personal Case Manager
The principal person appointed by Us to liaise with You and to assist in the management of Your DMP.s
Those of Your Creditors for whom We make allowance for You to pay them in full, including an allowance to pay off any arrears within the Term of the Agreement, each month. Priority Creditors include, but are not limited to, mortgages, landlords/letting agents in respect of rent, local authorities in respect of Council Tax, the courts in respect of fines or judgments, utilities, Creditors with whom You have secured debts such as hire-purchase or second mortgages.
Single Payment Plan or SPP
The plan by which You pay Us a Monthly Payment.
The form detailing Your income and expenditure completed by Us and signed by You which forms the basis of Our final payment offers to Your Creditors and future reviews of Your circumstances, including Your Annual Review.
Describes what happens if We choose not to enforce all Our rights.
Cancellation of Your DMA in accordance with the Termination clause of Your Debt Management Agreement (DMA) and as set out in Notice of Termination.
Value Added Tax or VAT
All Fees are exclusive of any applicable value added tax (VAT). Please note that although provision of Our Services is currently VAT exempt (as of June 2003), this position could change in the future.
We may vary these Terms of Business from time to time and will write to give You at least thirty (30) days prior notice of any changes. This may be through Your Monthly Statement or as a separate written communication.
We, Our or Us
Pentagon (UK) Limited, trading as MoneySave Solutions, EuroDebt Financial Services and its authorised regional Advisers.
You or Your
The clients named on the front of Your Debt Management Agreement (DMA) who are signatories to the agreement.