16
Credit Reference Agencies and Fraud Prevention Agencies
The personal information we have collected from you will be shared with
fraud prevention agencies who will use it to prevent fraud and money-
laundering and to verify your identity. If fraud is detected, you could be
refused certain services, nance or employment.
We will also supply your personal information to credit reference agencies
(CRAs) in order to process your application and they will give us information
about you, such as about your nancial history. We do this to assess
creditworthiness and product suitability, check your identity, manage your
account, trace and recover debts and prevent criminal activity.
We will also continue to exchange information about you with CRAs on an
ongoing basis, including about your settled accounts and any debts not fully
repaid on time. CRAs will share your information with other organisations.
Your data will also be linked to the data of your spouse, any joint applicants
or other nancial associates.
The identities of the CRAs, and the ways in which they use and share
personal information, are explained in more detail at www.equifax.co.uk/crain,
www.experian.co.uk/crain or www.callcredit.co.uk/crain
Privacy Notice
Our Summary Privacy Notice contains information on how we, credit
reference agencies and fraud prevention agencies use your personal
data and on your data protection rights. This has been provided to your
mortgage/credit intermediary on your behalf, they should have provided this
to you but if they have not please contact us and we will send you a copy.
Interpretation
In this Standard Declaration the words “You”, “Charter Court Group” and
“We” have the meanings given to them in the Privacy Notice. The meaning
of ‘You’ includes any directors or shareholders of an applicant which is a
Limited company and any guarantors.
In addition the words in bold text have the following meanings :
“Applicant” means You and if there is more than one of You, references to
“You” and “Applicant” are to each or any of You individually, as well as to
each and every one or more of You together jointly.
“Application” means Your request for a Decision in Principle and/or
Application for the Loan including the Standard Declaration, the Application
Form and any accompanying or supporting documentation that You provide
now or in the future or any information We hold about You and We provide
to You or Your mortgage intermediary in connection with the Application to
conrm its completeness and/or accuracy.
“Loan” means any Loan We may provide to You.
“Property” means the property or properties which are or are intended to
be security for the Loan.
Important – please read
When You sign this declaration, You certify that the statements and
particulars given below and all the information given in your Application
are true and complete. We will rely on these statements, particulars and
that information when making any Mortgage Oer.
General
You conrm and agree that:
1) You are aged 18 (or in the case of a second charge loan, 25) or over.
2) For limited companies:
(a) each of the signatories below who is a director is duly
authorised to make this Application on the limited company’s
behalf and has completed or fully read the contents of the
Application, and
(b) You have the power to borrow the money applied for and to
mortgage the Property.
3) The information You give in the Application, whether completed
personally by You or not, is true and accurate in all respects. If any
such information is incorrect, You will make good any loss We may
suer by acting in reliance on that information.
4) Your income is as stated in the Application and is sucient to
support the payments required to sustain the Loan requested.
5) You are aware of the monthly payments for the Loan and that You
can aord these.
6) You will supply any additional information that We may require in
order to proceed with the Application.
7) You have the agreement of any joint Applicant or third party
to disclose and use their information for the purposes of this
Application.
8) You authorise your mortgage/credit intermediary and your rst charge
lender to disclose to Us information about You and this Application
both before and after completion of the Loan.
9) You do not have any other outstanding credit facilities which are not
disclosed with this Application.
10) You have never been adjudged bankrupt or insolvent or been
sequestrated or entered into any arrangements with creditors or had
civil or criminal proceedings of any kind issued against You other
than as specied in this Application. If proceedings have been, or
are being, issued, You will supply full details to Us.
11) You have read and considered the Illustration about the particular
product You have chosen, and/or have been advised to apply for
by your mortgage/credit intermediary or other adviser. We are not
responsible for any advice given or recommendation made by an
intermediary or other adviser about the product You have chosen.
12) You will notify Us promptly of any changes which have, or are likely
to have, an eect on the continuing accuracy of the particulars in
this Application and which may aect Our willingness to provide the
Loan.
13) The information in this Application and Standard Declaration may
be relied on by Us and any other person or body in whom the benet
of all or any of the Loan, mortgage, or security is from time to time
vested.
14) Any solicitor acting for You may disclose to Us any information or
documentation that We ask for about the transaction or the Property
which is the subject of this Application and You waive any duty of
condentiality or privilege which may otherwise exist in relation to
this Loan transaction.
15) From time to time We may mortgage, sell, transfer, assign, charge
or otherwise dispose of, in whole or in part, any Loan, mortgage, or
other related security to any person or organisation (a “Disposal”)
You agree to each such Disposal that We may make and You agree
that We may do this without giving notice to You. You agree that
a Disposal for this purpose typically involves Us transferring all or
some of the rights that We have under the Loan, or the related
security to another person or organisation.
16) If You provide a personal guarantee, You agree to guarantee the
Loan applied for in the terms of our standard Deed of Guarantee.
17) We are entitled to withdraw before completion any Mortgage Oer
should You (or anyone else) falsify any information supplied in this
Application or for any other reason set out in the Mortgage Oer or
our General Mortgage Conditions. If We withdraw an oer, We can
do this immediately and without telling You, but We will notify You
about the withdrawal of Our Mortgage Oer if We reasonably can.
18) It is an oence to knowingly make a false, inaccurate or misleading
declaration when applying for a Loan.
19) If You make a false declaration, You may face criminal prosecution
and/or civil action for recovery of any losses incurred by us.
20) If the Loan is not for your benet, You must take independent legal
advice and will do so if asked to, and before You enter into any Deed
of Guarantee.
21) We may decline to make You a Mortgage Oer.
22) Our Loans are subject to valuation and status.
23) If two or more of You are making this Application, each of You is
individually and jointly responsible for all obligations in relation to the
Loan.
24) We will require You to conrm your income and We may request this
information from You.
25) We accept no responsibility for any representations made by any
employee, agent or any other person unless these are incorporated
in the Mortgage Oer or are subsequently conrmed by Us in writing.
26) If You agree to guarantee the Loan, You are aware that by giving a
guarantee, You will be held liable to Us instead of, or as well as, the
borrower or customer to the extent of the guaranteed amount. The
extent of the guarantee will include all costs and interest outstanding
on the Loan at any time as well as the loan amount.
27) You agree that if the Property is sold leaving a balance outstanding
on the Loan, You will be liable for the dierence between the sale
price of the Property and the amount outstanding or to the extent of
your guarantee.
28) It is your responsibility to ensure that You have suitable means of
repayment in place to repay the Loan in the event of Your death or at
the end of the term of the Loan.
Standard Declaration