BMI Card - terms and conditions

Credit Agreement regulated by the Consumer Credit Act 1974

This is a copy of your agreement for you to keep. It includes a notice about your cancellation rights, which you should read.

CONDITIONS

FINANCIAL DETAILS

We will determine the credit limit from time to time and give you notice of it. You must make the minimum payment to us each month as follows:

Amount of
minimum
payment

5% of the outstanding balance shown on the statement, or £25, whichever is greater, (or the outstanding balance shown on the statement if less than £25);

Time of minimum
payment

within 25 days starting with the statement date.

Interest rate 0.79% per month, typical APR 9.9% variable, except as below.

We calculate the APR without taking account of any variation that may occur under the Agreement of the rate or amount of interest. We may vary the rate or amount of interest by giving you at least seven days' notice in writing, to reflect any change that has happened, or that we reasonably expect to happen in the near future, in:

•

interest rates on credit card accounts generally or those similar to the Account;

•

interest rates we pay to any of our funders or creditors;

•

our administrative costs; or

•

risks of shortfalls on credit card accounts generally or those similar to the Account, whether among borrowers generally or among our borrowers; or

•

to adjust our interest rate structure to maintain a prudent level of profitability.


The interest rate and APR for any Purchase will be 0% for the first six months starting with the date of debiting the Purchase to the Account.


1.

Definitions

 

'Account'

means any account held in your name under the Agreement.

'Card'

means any card issued under the Agreement and, where the context allows, the Account number.

'Cardholder'

means the person for whose use a Card is issued.

'General Healthcare Group'

means us, our subsidiary and parent undertakings,and any subsidiary undertakings of any of our parentundertakings, from time to time.

'Purchase'

means any payment by means of a Card.

'Scheme Member'

means any person who, under arrangements with us, accepts the Card as payment for goods, services and other items.

'We', 'us', 'our', 'ours', 'ourselves'

means BMI Healthcare Limited, and any person to whom its rights and/or duties under the Agreement have passed or are agreed to pass.

'You, your'

Means the person who signs the Agreement as Customer.

 

 

2.

Card issue

 

By signing the Agreement, you ask us to issue a Card, and any additional, renewal and replacement Card. The Agreement is made when it is signed by you and on our behalf. You must be aged 18 years or over.

3.

Additional Card

 

We may issue an additional Card only if you and the person you nominate as an additional Cardholder sign a request. You will be responsible for any additional Card and for any indebtedness arising from its use as if the Card were issued for your use. If you ask, we will suspend an additional Card.

4.

Card care

4.1

If we issue a Card for your use, you must sign the Card promptly on receipt, keep the Card secure at all times, and not allow the Card to be used by another person.

4.2

If the Card is lost or stolen or may be misused, you must tell us promptly by telephoning BMI Card Department, BMI Healthcare Limited, 020 7009 4560 between 9.00am and 5.30pm, Monday - Friday except bank and public holidays. If we ask, you must confirm this in writing to BMI Card Department, BMI Healthcare, PO Box 4254, London W1A 6SS. You must give us all relevant information, and take reasonable steps to help us recover a missing Card.

4.3

If we issue an additional Card, you must take reasonable steps to ensure that the Cardholder does the same in relation to the additional Card issued for his or her use.

5.

Scheme Member

 

The Card (or the Account number, where our arrangements with the Scheme Member allow) may be used only as payment to the Scheme Member for goods, services or other items in connection with medical treatment.

6.

Credit limit

 

The outstanding balance on the Account must not exceed the credit limit. If it does, you must pay us the excess promptly after we ask you to do so. This payment is in addition to the minimum payment in the Financial Details above.

7.

Card validity

 

The Card must not be used before or after the period for which it is stated to be valid, or after we suspend or recall the Card, or after the Agreement ends.

8.

Your responsibility to pay

 

You must pay us the amount of Purchases, interest and charges under the Agreement even if, for any reason:

 

(a)

the Card is used in breach of condition 5, 6 or 7;

(b)

the Cardholder has not signed (or given other authentication) for the Purchase; or

(c)

we have not debited the amount to the Account or paid the Scheme Member; except as in the notices below.

9.

Account

9.1

We will debit to the Account:

 

(a)

Purchases normally within one working day after the Purchase date; and

(b)

interest and charges on or around the 16th of the month.

9.2

We will credit to the Account:

 

(a)

payments by you when the payment clears; and

(b)

refunds by us and refunds by the Scheme Member, promptly after we receive satisfactory evidence for making the refund.

9.3

Payments by you will take effect when the payment clears. We will process payments by you promptly.

10.

Statements

10.1

We will send you a statement each month, while there is a balance on the Account. Statements will show any balance carried over from the previous statement, debits and credits made during the statement period, the balance at the statement date, and the amount and due date of the minimum payment. If we are unable to send you a statement for any reason, this will not affect your responsibility to pay interest under the Agreement.

10.2

We may give you notices and other important information by a message on statements. You must check each statement carefully, and tell us promptly by telephone if the statement includes an item that seems to be wrong.

11.

Interest

11.1

We will charge interest on Purchases at 0% per month, APR 0%, for the first six months starting with the date of debiting the Purchase to the Account, then at 0.79% per month, typical APR 9.9% variable, until you make payment in full.

11.2

We will charge interest on interest and charges at 0.79% per month, typical APR 9.9% variable, starting with the date of debiting the amount, until you make payment in full.

11.3

We will charge interest on those amounts as at the end of each day.

11.4

We will charge interest before and after any court judgment we may obtain against you, unless the court orders otherwise (for example, using its powers under sections 129 and 136 of the Consumer Credit Act 1974).

12.

Payment

12.1

You may pay more than the minimum payment, up to all amounts payable by you under the Agreement. You must pay punctually and ensure that no cheque or other item for payment is returned unpaid.

12.2

You must pay in sterling from an account held in the United Kingdom:

 

(a)

by credit card;

(b)

by cheque, standing order or direct debit, from your bank account; or

(c)

by cheque drawn by your building society which confirms your identity on the back.

13.

Applying credits

 

We will apply any credit towards amounts payable by you in the order in which we debit them to the Account, and after that in any order we choose.

14.

Credit balance

 

If any credit balance arises on the Account (for example, as a result of a refund), we will hold the credit balance on trust for your benefit and separately from our own money. We will pay any credit balance to you promptly, if you ask or if the Agreement ends, after deducting any amounts likely to be payable by you under the Agreement.

15.

Charges

15.1

If you breach the Agreement, you must pay charges to cover our costs as follows:

 

(a)

£25 for each time a cheque or other item for payment is returned unpaid; and

(b)

£20 for each time any amount payable by you under the Agreement is not credited to the Account within one day after its due date.

15.2

You must pay our reasonable costs of taking steps to recover any amount payable by you under the Agreement (for example, costs of tracing you and taking court action).

16.

Card restriction

16.1

The Card is our property. We may issue a replacement Card and change the Account number, for security purposes. We may keep, suspend or recall a Card, or refuse to issue a renewal or replacement Card, for security purposes, or if the credit limit is exceeded, or if we are entitled to end the Agreement.

16.2

If we take action under condition 16.1, we will tell you this and our reason. If we suspend or recall a Card, you must return the Card to us cut in half, promptly after we ask you to do so.

17.

Ending the Agreement

17.1

We may end the Agreement:

 

(a)

if you fail to remedy a breach of the Agreement after we have given you an opportunity to do so;

(b)

if you become bankrupt or incapable of managing your affairs or if you die, by giving you or your representatives notice in writing; or

(c)

by giving you at least 30 days' notice in writing.


17.2

Before we end the Agreement under condition 17.1(a) or give notice under condition 17.3, we will comply with any legal requirement (for example, serving a default notice).

17.3

If we end the Agreement, you must pay all amounts payable by you under the Agreement, and return all Cards to us cut in half, promptly after we give you notice in writing to do so.

17.4

You may end the Agreement at any time by giving us notice in writing, paying all amounts payable by you under the Agreement, and returning all Cards to us cut in half.

17.5

The terms of the Agreement will continue until you have paid all amounts payable by you under the Agreement and returned all Cards to us cut in half.

18.

Varying the Agreement

18.1

If we relax the terms of the Agreement (for example, by giving you time to pay), we may decide to enforce the Agreement strictly at any time.

18.2

We may vary the terms of the Agreement by giving you at least 30 days' notice in writing. If we vary the credit limit at your request, we may allow the change to take effect immediately. These rights to vary are in addition to the right to vary in the Financial Details above.

19.

Liability

 

We will not be liable for the refusal of any Scheme Member to accept the Card, or for any loss caused by circumstances beyond the reasonable control of ourselves, of our employees or of our agents, except as in the notices below.

20.

Change of your details

 

You must tell us promptly in writing of any change of your name or address.

21.

Transfer

 

We may transfer our rights and/or duties under the Agreement to any person. Any such transfer will not affect your rights under the Agreement or any rights you may have against a supplier in respect of a Purchase. You may not transfer your rights or duties under the Agreement.

22.

Third parties

 

The terms of the Agreement may be enforced only by you or by us.

23.

Law

 

If you live in England or Wales, English law applies to the Agreement and courts in England or Wales may deal with disputes in connection with the Agreement. If you live in Scotland, Scottish law applies to the Agreement and Scottish courts may deal with disputes in connection with the Agreement. The Card is available only if you live in England, Wales or Scotland.


USE OF YOUR INFORMATION

Part I: Customer

In considering your application, renewal or credit status, we will search your record at one or more credit reference agencies. They will add to your record details of our search and your application and this will be seen by other organisations that make searches. We will use a credit scoring or other automated decision-making system when assessing your application.

It is important that you give us accurate information. We may check your details with fraud prevention agencies and, if you give us false or inaccurate information and we suspect fraud, we will record this.

These records will be shared with other organisations and used by us and them:

• to help make decisions about credit and credit-related services, such as insurance for you and members of your household; and

• to trace debtors, recover debt, prevent money laundering and fraud, and manage your accounts.

For these purposes, we or they may make further searches. Although these searches will be added to your record, they will not be shared with others.

The credit reference agencies and fraud prevention agencies will also use the records for statistical analysis about credit and about insurance and fraud.

Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household.

The credit reference agency from whom we obtain and to whom we pass information about you is Equifax Plc. Although we currently do not do so, we may use other credit reference agencies, and fraud prevention agencies,

for the purposes described.


Part II: Customer and additional Cardholder

In this Part II:

'you', 'your' means the person who signs the Agreement as Customer, and any person nominated as an additional Cardholder for the Agreement; and

'your information' means any information obtained about you as a result of any application to or agreement with us, and any information about the Account.

We may pass your information to:

• our agents and suppliers (for example, processors and insurers), and any other company of the General Healthcare Group and its agents and suppliers, to manage the Account and to conduct, monitor and analyse our business;

• the police and any other law enforcement agency, to prevent fraud and theft;

• any person to whom any of our rights and/or duties under the Agreement have passed or are agreed or proposed to pass, and any rating agencies, investors and advisers involved; and

• any person, to comply with any legal or regulatory requirement applying in any country to any company of the General Healthcare Group.

Your information may be transferred to countries that may not have the same level of data protection legislation as inside the United Kingdom. We are responsible for ensuring that your information continues to be adequately protected after any such transfer

You have a right to receive a copy of the information we hold about you if you apply in writing to BMI Card Department, PO Box 4254, London W1A 6SS. A statutory fee will be payable.
Telephone calls between us and you may be monitored and/or recorded.


IMPORTANT - YOU SHOULD READ THIS CAREFULLY

YOUR RIGHTS

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be satisfied when the agreement is made. If they are not, we cannot enforce the agreement against you without a court order.

The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing and paying off all amounts payable under the agreement. If you have obtained unsatisfactory goods or services under a transaction financed by this agreement you may have a right to sue the supplier, us or both. Similarly, if the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us.

If you would like to know more about the protection and remedies provided under the Act, you should contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.


Loss or misuse of the card

If the Card is lost, stolen or misused by someone who obtained it without your consent, you may be liable for up to £50 of any loss to us. If it is misused with your permission you will probably be liable for ALL losses. You will not be liable for losses to us, which take place after you have told us of the theft, etc.

YOUR RIGHT TO CANCEL
Once you have signed, you will have for a short time a right to cancel this agreement. You can do this by sending or taking a WRITTEN notice of cancellation to BMI Card Department, BMI Healthcare Limited, PO Box 4254, London W1A 6SS.

If you cancel this agreement, any money you have paid must be returned to you. You will not have to make any further payment.
If you already have any goods under the agreement, you should not use them and should keep them safe. (Legal action may be taken against you if you do not take proper care of them.) You can wait for them to be collected from you and you need not hand them over unless you receive a written request. If you wish, however, you may return the goods yourself.
You will not, however, be required to hand back any goods supplied to meet an emergency or which have already been incorporated, for example in your home. But you will still be liable to pay for emergency goods or services or for any goods which have been incorporated by you or one of your relatives


BMI Healthcare Limited Registered in England number 2164270 Registered office:

66 Chiltern Street,

London W1U 6GH

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