Policy.


Trublu Portland Investments Holdings Ltd is committed to protecting you and any data (anonymous or
otherwise) that we collect about you online. This page explains how we
use cookies, why, and how this allows us to improve our services. It also
tells you how you can manage what cookies are stored on your device. We call it our Cookie Policy.

By using our websites (through any device) you agree that our Cookie Policy applies, in addition to any other terms and conditions which may apply.

We reserve the right to make changes to our Cookie Policy. Any changes will appear here
and become effective immediately. Your continued use of our websites is taken as meaning
that you agree to such changes.


What are cookies and why do we use them?


We use cookie technology to make your experience simple, personalized and meaningful when you visit our website. Our cookies are generally used to remember your login details, make our website work, to let us know how you’re using the site, you preferences, interests and so on.

Cookies vary depending on the nature of it. Some are used by us and some are used by third party that we work with. Here are some general details about the cookies that we use:

• First party cookies are cookies that are placed by us, while third party cookies are placed by a website other than the one you are visiting. 

•Essential cookies are cookies that keep our website running smoothly. They are necessary as they enable you to use the features on our site and allow you to move around from page to page.

•Performance/analytics cookies let us know how many people visit our site, what pages they spend the most time on and alerts us of any errors. These cookies are incredibly important as they give us the tools to help build a site that’s best for our customers.

•Functional cookies allow us to remember people that have already been to our site and their preferences (e.g. language, region, login, and so on).

•Targeting/advertising cookies enable us to send you meaningful and personalized advertising

•Session cookies are temporary cookies that are erased once you close your browser while persistent or permanent cookies stay on your device until you manually delete them or until your browser deletes them based on the duration period specified in the persistent cookie file.


If you’d like to know more about cookies, you can find this information on www.allaboutcookies.org. Please note that Trublu Portland Investments Holdings Ltd has no affiliation with, and is not responsible for, this third-party website.

Please note that the processing of your personal data in connection with cookies, and for other purposes, is governed by our Privacy Policy.
In addition, we may also use web beacons (or clear GIFs) and other similar technologies in addition to, or in combination with, cookies. A web beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website or in an email and it helps us to understand the behavior of visitors to our Site. More information on web beacons can be found at http://www.allaboutcookies.org/faqs/beacons.html. Please note that Trublu Portland Investments Holdings Ltd has no affiliation with, and is not responsible for, this third party website.


Google Analytics


Our Site uses Google Analytics, a web analytics service provided by Google, Inc. and its subsidiaries ("Google"). Google Analytics is a popular cookie-based web analysis service provided by Google, which we use to monitor how visitors use our Site, allow us to analyse data and to help us improve the Site.
Google’s privacy policy, available at https://www.google.com/policies/privacy/, provides additional information on Google’s data collection and processing activities. If you would like to adjust the data collected by Google Analytics, you can install the Google Analytics browser add-on, using the information provided here: https://www.google.com/policies/technologies/ads/. Additional information on how to opt out of Google's use of tracking technologies can be found by visiting the Google advertising opt-out page: https://tools.google.com/dlpage/gaoptout. For more information please visit http://www.google.com/analytics/. Please note that Trublu has no affiliation with, and is not responsible for, any of the information or tools provided by Google.
The information generated by the cookie about your use of our Site (including your IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information for the purpose of evaluating your use of our Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Facebook Ads


Our Site uses services provided by Facebook, Inc. and its subsidiaries ("Facebook") to deliver certain information to you, including adverts. You can control how Facebook uses data to show you ads by using your ad preference settings in Facebook. Further details on how Facebook processes personal data are available via Facebook's Cookie Notice. Information on Facebook advertising is available through Facebook's Ads Page. You can adjust your Facebook ads preferences here: https://www.facebook.com/ads/preferences/edit/. Please note that Trublu has no affiliation with, and is not responsible for, any of the information or tools provided by Facebook.

How can you control cookies and web beacons?


Most internet browsers are set to automatically accept cookies. Depending on your browser, you can set your browser to warn you before accepting cookies, or you can set it to refuse them. Please refer to the 'help' button (or similar) on your browser to learn more about how you can do this.
Disabling cookies may impact your experience on our Site.
If you use different devices to access our Site, you will need to ensure that each browser of each device is set to your cookie preference.
More information on how to manage cookies is available from: http://www.allaboutcookies.org/manage-cookies/. Please note that Amigo has no affiliation with, and is not responsible for, this third-party website.
In addition, you may opt-out from certain cookies by visiting the following third party websites and selecting which company cookies you would like to opt-out from: http://www.aboutads.info/choices/#completed and http://www.youronlinechoices.com/. Please note that Trublu has no affiliation with, and is not responsible for, these third-party websites.

Privacy Policy


This Privacy Policy is issued by Trublu Portland Investments Holdings Ltd and is addressed to individuals outside our organization that we interact with, including our customers, applicants and visitors to our website.
This Privacy Policy may be amended or updated from time to time to reflect changes in our practices, the way we collect and use your information, or changes in the law.
 We encourage you to read this Privacy Policy carefully, and to regularly check this page to review any changes we might make to this Privacy Policy.

Our lawful basis to process your information


•We will collect your consent in order to process your information for marketing purposes, this includes contacting you about our product, borrowing more money and our offers.
•Where you discuss sensitive data with us, we will capture explicit consent from you in order to store and process this information about you.
•If you have applied to guarantee a loan we will use our legitimate interests to contact you about the application and process your information about the loan you have applied to guarantee.

We will process your information as per our contractual and legal obligations to ensure we’re lending safely, responsibly and legally. This includes:

•Performing adequate checks to confirm your identity and to ensure your suitability and affordability for a loan or to guarantee a loan.
•Protecting and preventing criminal activity (i.e., fraud, money laundering).
•Managing the loan and recovering the debt you owe us (incl. via court proceedings).
•Reporting repayment history to the credit reference agencies.
•Responding to and complying with our regulatory requirements.
How will we collect your information

We will collect information:
•That you provide to us through our website.
•From third parties, such as banks, credit reference and fraud prevention or investigation agencies, or any other company that helps us make lending decisions or assessments credit-related decisions.
•Via customer surveys.

What information will we collect?


We will collect any information we need from you in order to process your application and to manage your loan repayments, as well as any other information which we reasonably need to operate your account, make decisions about you or fulfill our obligations.
The information we collect about you includes:
•Your name, date of birth, addresses and contact information.
•Your affordability (income and expenditure).
•Card and bank account information. If you provide us with any debit card and bank details, either during the loan application or subsequently, we will keep those details and will use the details in line with the consent you provide to us, unless you advise us otherwise.
•Documents to verify your information (bank statement, payslip, homeownership and identification).
•Information we receive when making a decision about you, your loan or application (including information collected from Credit Reporting Agencies).
•Details of the loans you have and have had with us and all transactions.
•Details of when you contact us and when we contact you.
•We may keep any email address or phone number(s) that you communicate with us on or that you tell us about.
•If a card is identified as having been used fraudulently then we will maintain a record of its use for reporting and preventing fraud.
•We may be given sensitive information such as medical information. We will hold and process this information to allow us to make decisions about you and your accounts with us.
•Your location.
•Information about your computer including your IP address, operating system and browser type. For more details please see our.
•We may record your customer journey on our website for usability monitoring, testing and improvement. However, we will not record any personal information you input.
•We will record and/or monitor the calls, texts, emails and letters you send to us or receive from us.
We will also collect information for the purpose of staff training, and system improvement.

How will we use your information


We will use your information to process the loan you have applied for or applied to guarantee, and to manage your account, or the account you guarantee with us.
We will use your information:
•To make, or assist in making, credit decisions about you, assess lending risks, and to check the details that you have let us and others have.
•To operate and manage your account and any application, agreement or correspondence you may have with us.
•To identify, prevent, detect or tackle fraud, money laundering and other crimes.
•To contact you (using any contact details that you have given to us) via email, SMS, letter, telephone or send you push notifications about managing your loan with us, including if you fall into arrears or if we have out of date information.
•To contact you (using any contact details that you have given to us) or ask another organisation to contact you, about our products and services, unless you tell us that you prefer not to receive marketing.
•To contact you (using any contact details that you have given to us), or ask another organisation to contact you, to carry out research and surveys, including customer surveys to help us understand levels of satisfaction with our product and service.
•To collect and manage payments, and to recover any debt you owe us both on your current loan and on any previous or subsequent loans, unless you advise us otherwise.
•To manage interest on your account.
•To respond to complaints.
•To exercise our rights set out in agreements or contracts and to comply with our regulatory obligations.
•To display interest-based ads to you, or to create target custom audiences, using information we have collected on our website (such as email addresses or phone numbers) or through a Facebook pixel when using Facebook or other third party platforms. This is done through the use of Facebook’s Custom Audiences targeting tool (To learn more about Facebook Custom Audiences click here.
•When using the Facebook’s Custom Audiences targeting tool all data is locally hashed. This means all personally identifiable details are removed so that all collected data is anonymized. If you do not wish for us to use your information in this way you may opt out by emailing us and notifying us that you do not want to be contacted by Text and Email.

We will also use your information to run our business in an efficient and correct way. This includes managing our financial position, business planning, statistical research, governance, monitoring risk and auditing.
We will use your information:
•To detect, investigate, report, monitor and analyze our business
•To carry out market research, to develop and manage our brand, product and services.
•To improve and adapt our existing product and service.
•To develop new products and services.
•To carry out internal and external audits.
•To test our processes and systems.
•To obey laws and regulations that apply to us.
•To manage security and risk for us and you.

How long we will store your information


•If you have an application with us, we will store your information for 3 months, 1 year, 2 or more years depending on your individual circumstances (providing we have no reason to keep your data).
•If you have a loan with us, we will keep your information indefinitely until your loan has settled. Once your loan has settled, and providing we have no ongoing relationship with you or any reason to keep your data, we will remove your information after at least 7 years.

Who we will share your information with


We will share your information with Trublu employees who:
•Manage your applications, accounts and services
•Respond to your queries and complaints
•Collect what you owe
•Explore new ways of doing business
•Audit our internal processes
•Test our systems

We may also share your information with other parties such as:


•Your guarantor / borrower on your loan
•Companies who verify your information for us
•Credit reference and fraud investigation or prevention agencies
•Organisations that introduce you to us
•Companies you ask us to share your data with
•Third party companies who help us document, record, assess and test our internal processes and systems
•Any company we use to process your information (i.e., mail and telecom companies to send you communication via text, email and letter)
•Any company we use to store your information on our behalf
•Organisations we use to assist us in carrying out surveys and analysing the results of surveys
•Organisations we use to help us improve and adapt our product and service, and to develop new products and services
•Our regulators
•Organisations we use to help us manage and respond to customer queries.

We may need to share your personal information with other organisations to provide you with the product or service you have chosen:

•Any companies that we transfer your loan to.


Credit Searching


When you apply for a loan, we will look at your credit file at credit reporting agencies. These agencies will give us credit information about you including information from the electoral register. If you’re a borrower, this credit search is used to check your identity and your eligibility for a loan. If you’re a guarantor, this information will be used to check your identity and make credit decisions about you. The credit report will add details of our searches and your application to the record which they hold about you. If you’re a borrower, the credit report will also add details of your loan agreement with us, the payments you make under it and any default or failure to keep to its terms. Your credit report agency records will be seen by other organisations that make searches with those agencies. Information held about you by the credit report may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records.
While you are a customer of ours, we may carry out extra credit searches so we can manage your account. We and other organisations may use and search these records (including access and use from other countries) for example to:
•Help make decisions about credit and credit-related services and other facilities for you and members of your household;
•Verify the accuracy of the data you have provided to us;
•Trace debtors, recover debt, prevent fraud, and to manage your accounts and other facilities;
•Check details on proposals and claims for all types of insurance;
•Check details of job applicants and employees; and
•Check your identity to prevent money laundering unless you give us other satisfactory proof of identity.

Your rights


•You have the right to ask us to confirm what information we hold about you at any time, and you may ask us to modify, update or remove your information, as long as we are not legally required to hold it or we hold it to meet a legitimate expectation or for you or us to meet a legal obligation.
•If we are using your data because we deem it necessary to do so, and you do not agree, you have the right to ask to remove your information, or ask us to stop processing your information. If you would like to do so, you can contact us at contact@trublufinancialservices.com In cases where you ask us not to contact you, we may still hold your information so that we know not to use it. If you request us to remove your information, we will only refuse your request if we are of the view that it is necessary to keep your information and we are legally permitted to do so, or we have the legal right to process the information for another specific reason. For example, if you have an ongoing relationship with us, or we have a legal reason to keep it.
•Where we have obtained your consent to process your personal data for certain activities (for example, marketing), you may withdraw your consent at any time. You can do so by contacting us at contact@trublufinancialservices.com
•You may also have the right to instruct us to transfer the data we hold about you. We will help with this – either by directly transferring your data for you, or by providing you with a copy in a commonly used machine-readable format. To do this just contact us by phone, in writing, or by using the email address above.
•Your rights regarding our use of your information are not absolute. If we decide not to act on a request that we receive from you, we will inform you of our legal reason(s) for not acting on your request.

How to complain


If you are unhappy with how we have used your data, you can tell us about it by contacting us on contact@trublufinancialservices.com.

You also have the right to object to the way we use your information in certain circumstances. You can also object to our use of your information for direct marketing purposes.
To exercise your right to object (or to request that someone review and automated decision that we have made about you) please contact us at contact@trublufinancialservices.com.
Generally, you are not required to pay any charge to us for exercising your rights. If you make a request to us about your data, we have one month to respond to you.

Security


We recognize how important it is to protect and manage the information you share with us. We use computer safeguards such as firewalls and data encryption to keep your details safe. Our security systems meet or exceed industry standards and we are constantly monitoring internet developments to ensure our systems evolve as required.


Borrower Terms and Conditions from Trublu


These Terms and Conditions form part of the agreement that is made between you (the Borrower named on the Fixed Sum Loan Agreement) and us (Trublu Financial Services and also anyone we transfer this agreement to). This agreement is secured by the Guarantee and Indemnity provided by your Guarantor. Some of the words in this agreement are defined and you can find the definitions in the section headed ‘Definitions’.

Pre-contract Credit information


Before you agree to this agreement, you should read the Pre-Contract Credit Information that we have given you. Its contents are important. Once your loan has completed, this agreement will be legally binding. So, if there’s anything that you don’t understand about this agreement, you need to ask us now.

Repaying your loan


You agree to pay us the amount you borrowed, including interest and any other charges, in installments on the agreed monthly, biweekly or weekly payment date. These payments are very important and you will be breaking this agreement if you do not make them.


Interest and how we work it out


When you borrow money from us, you pay back the amount you borrowed plus interest.
We work out interest every day based on your debt. We add the interest to your debt, on your monthly, biweekly or weekly payment date and when you repay your debt in full.
At any time we may increase or reduce the rate of interest we charge you. Any change will apply to your debt from that time. We’ll only make this change to reflect changes in the market rates and the cost of our funds. If we change the rate of interest we charge you, we’ll write to tell you about the change before it happens. If we increase it, we’ll give you 28 days’ notice. If we reduce it, we’ll give you 7 days notice. When we change the rate of interest, we may increase or reduce the number of monthly, biweekly or weekly payments; or increase or reduce the amount of monthly, biweekly or weekly payments (or both).


When you need to pay the monthly payments


You can ask us at any time to change your monthly payment date. We’ll consider your request but we can refuse to change the date. If we want to change the monthly payment date, we’ll tell you at least two months before we make the change (unless you agree to us making the change). Where the monthly payment date is not a working day, the payment will be due the working day after the monthly payment date.


Breaking the agreement

You will have broken this agreement if:
•you don’t pay your monthly, biweekly or weekly payment on time;
•you break any of the other terms of this agreement;
•you made a statement which is false or misleading when you applied for this agreement;
•a bankruptcy petition is presented against you;
•you make arrangements with your creditors about how much you will pay them (this is sometimes known as an individual voluntary arrangement or IVA); or
If you are behind with a payment, we seek payment of the overdue amount from you and your guarantor by taking an amount using banking details authorized for use under this agreement.
If you are in breach of any term of this agreement we may send you a default notice. On expiry of that notice, we may:
•close your account; and
•demand immediate payment of your debt.
We may also take court action against both you and your Guarantor. If we obtain judgment, we may apply for an attachment of earnings order (where we have the court’s permission to get your employer to pay us out of your salary), warrant of execution (which may involve a bailiff visiting your property), property charging order (where we get rights to be paid out of the money paid when you sell your property). 

How we use your payments


When you make a payment, we will use it to pay your balance in the following order. Firstly, we pay any interest that we have added to your debt and secondly we pay it towards the balance of your debt.

Our rights


If we delay in enforcing our rights under this agreement, it will not affect our rights. We may also accept late payments or partial payments, or cheques and money orders marked payment in full or something similar, without losing any of our rights under this agreement.


Paying your broker


This section only applies to you if you applied to us through a broker or credit intermediary (‘broker’). Your broker may have done work processing your application before we paid you the loan and, where you have agreed to pay your broker for this, it is shown as the fee you have already paid to the broker. We may also pay your broker a commission (for introducing you to us) of up to 20% of the amount you borrowed. By signing this agreement you give us authority to pay your broker this amount. We will not add this commission to your account.


You must tell us about any changes


Every so often we need to contact you about your account. To make sure we can do this, you must tell us (within 7 days) if you’ve changed your home address, your name, your email address, or any phone number that we use to contact you.
You can tell us about any change by phone. If we need to contact you, we’ll send all notices, information and statements to your last known address, which shall be the address shown on this agreement unless we know that you have moved. We may send some notices via email, text message or phone instead.


Changing the terms of your agreement


We may change the terms of this agreement and we will tell you about any changes that we make. We may make reasonable and proportionate changes to take account of:
•market conditions;
•changes in the cost of providing this service to you;
•changes, or predicted changes, in legal or other requirements which affect us; and
•any changes to our system or product development.
We’ll give you at least 30 days notice (by putting a message in your monthly statement, or by sending you a separate written notice or e-mail) of any change unless it is a change that is to your advantage.
If the change is to your disadvantage, you may, at any time during 60 days starting from the date we give you notice, close your account under this agreement by paying us the debt that you owe at that time. You will not have to pay any extra interest or charges for doing so.

General

The contractual rate of interest will continue to apply to the sums outstanding, both before and after judgment, until we receive payment.
You agree that if any part of this agreement is not valid or cannot be enforced, it will not affect any other part of this agreement.
Sometimes we can’t meet our promises to you because of matters beyond our reasonable control. This would include a problem with a computer system, a third-party supplier (such as the postal service) or an industrial dispute. In these cases, we will not be legally responsible to you.
This agreement applies only to you and you may not transfer it or any of your rights and responsibilities under the agreement. For business reasons, we may transfer our rights under this agreement without your permission provided that we take reasonable steps to ensure that your rights and obligations will not be adversely affected as a result of the transfer.
You have the right to receive a statement of account. You can ask for this at any time during the term of the loan and it is free of charge. It will include details of each repayment you owe under the agreement, the date each repayment is due, the amount and any conditions which relate to the repayment. It will also break down each repayment, showing how much covers the amount you borrowed (capital) and how much is interest. This statement shall indicate that the information contained in it is valid only for so long as the rate of interest is not varied.
We may record or monitor phone calls.

Repaying the loan early


You have the right to pay off some or all of the debt that you owe us at any time. You must give us notice that you want to do this. If you want to pay off your debt in full, you must tell us the date on which you plan to do this. You can contact us at contact@trublufinancialservices.com. If you want to pay off the loan in full, we will send you a statement setting out what you owe. When you make a partial payment, we will first use it to pay any arrears or overdue interest and will then apply the payment to reduce the term of the agreement. You may ask us to send you a statement.

Law and language applied to this agreement


The language used in this agreement and any communication with us will be English.

What you should do if you have a complaint


We’re committed to dealing with all complaints, fully and fairly, and in a reasonable time. If you have a complaint about the agreement or anything we’ve done, please let us know. You can make a complaint over the phone, to our email at contact@trublufinancialservices.com.

Definitions

‘Account’ means the Trublu Financial Services account, which is opened in your name when we sign this agreement.
‘Agreement’ means the Fixed Sum Loan Agreement and the Borrower Terms and Conditions which together form your credit agreement that you propose to enter into with us (Trublu Financial Services) for a loan.
‘Debt’ means any money we pay to you or to your Guarantor on your behalf and any interest which is added as a result of this agreement.
‘Guarantee and indemnity’ means an agreement where the Guarantor agrees to be responsible for your debt if you break this agreement, and to compensate us for any and all loss.
‘Guarantor’, means the person who has agreed to guarantee us full repayment of your loan if you fail to meet any payments due and whose name and signature appear on the guarantee and indemnity.
‘We’, ‘us’ and ‘our’ means Trublu Financial Services.
‘You’ and ‘your’ means the person who is borrowing the loan from us, whose name and signature appear on the credit agreement.

Credit-reference agencies

When you apply for financing, we will look at your credit file at credit reporting agencies The CRAs will give us credit information about you including information from the electoral register. This credit search is used to check your identity and your eligibility for a loan. We do not use this information to credit score you. The CRAs will add details of our searches and your application to the record which they hold about you. The CRAs will also add details of your loan agreement with us, the payments you make under it and any default or failure to keep to its terms. Your credit reporting agency records will be seen by other organisations that make searches with those agencies. Information held about you by the CRAs may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records.
While you are a customer of ours, we may carry out extra credit searches so we can manage your account. We and other organisations may use and search these records (including access and use from other countries) for example to:
•help make decisions about credit and credit-related services and other facilities for you and members of your household;
•Verify the accuracy of the data you have provided to us;
•trace debtors, recover debt, prevent fraud, and to manage your accounts and other facilities;
•check details on proposals and claims for all types of insurance;
•check details of job applicants and employees; and
•check your identity to prevent money laundering unless you give us other satisfactory proof of identity.
The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail below.

Preventing Fraud

When you apply for financing, we undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to process personal data about you.
The personal data you have provided, we have collected from you, or we have received from third parties will be used to prevent fraud and money laundering, and to verify your identity.
Details of the personal information that will be processed include: name, address, date of birth, contact details, financial information, employment details, device identifiers including IP address.
We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
We process your personal data on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement when applying for financing.
Fraud prevention agencies can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.
As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering risk if our processing reveals your behaviour to be consistent with money laundering or known fraudulent conduct, or is inconsistent with your previous submissions, or you appear to have deliberately hidden your true identity. You have rights in relation to automated decision making.
If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services or financing you have requested, or to employ you, or we may stop providing existing services to you.
A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details above.
Your personal data is protected by legal rights, which include your rights to object to our processing of your personal data; request that your personal data is erased or corrected or request access to your personal data.
For more information or to exercise your data protection rights, please write to us using the contact details above.

Guarantor Terms and Conditions from Trublu


These are the terms which apply to the guarantee and indemnity you will give us. Once the Borrower’s agreement has been entered into, the Guarantee and Indemnity will be legally binding, so if there’s anything that you don’t understand, you need to ask us now.
Some of the words in these Guarantor Terms and Conditions are defined and you can find the definitions in the section headed ‘Definitions’.

Pre-contract information


Before you agree to provide this guarantee and indemnity you should read the Pre-Contract Credit Information that we have given you. Its contents are important.

Your responsibility


In return for us entering into the Borrower’s agreement (a copy of which you will have seen) with the Borrower, you will:
•agree that if the Borrower fails to make any payment under the Borrower’s agreement to us on the agreed payment date, you will on demand immediately make that payment;
•guarantee that if we demand you will immediately meet all of the Borrower’s responsibilities under the Borrower’s agreement; and
•guarantee that the Borrower will carry out all of their responsibilities due and owing under the Borrower’s agreement.
As well as the points above, and as a separately enforceable responsibility, you will indemnify (protect) us and keep us indemnified against any losses, claims, damages or expenses resulting from or arising out of the Borrower’s agreement or if the Borrower breaks any of their responsibilities. You must immediately pay us any loss if we demand it.
Your responsibilities under the guarantee and indemnity are the same as if you were a Borrower. This means we do not have to make any demand on, or take any steps against, the Borrower or any other person, before seeking payment from you under this guarantee and indemnity.

Breaking the agreement

If you or the Borrower breach any term of this agreement or the Borrower’s agreement we may send the Borrower a default notice (and send you a copy). On expiry of that notice, we may:
•close the account; and
•demand immediate payment of the full debt.
We may also take court action against both you and the Borrower. If we obtain judgment, we may apply for an attachment of earnings order (where we have the court’s permission to get your employer to pay us out of your salary), warrant of execution (which may involve a bailiff visiting your property), property charging order (where we get rights to be paid out of the money paid when you sell your property).

Continuing guarantee

This agreement will not be affected by:
•any change to the Borrower’s agreement;
•any other security guarantee or security we take relating to the Borrower’s responsibilities;
•any time we allow or other compromise in terms of paying off the loan or arrangement, or if we accept late payments or agree to release or not to sue the Borrower or any other guarantor or indemnifier;
•any security taken for the Borrower’s agreement or the failure to realize or enforce any security or the failure to take any security;
•the Borrower dying, becoming bankrupt or insolvent;
•us transferring our rights and responsibilities under the Borrower’s agreement.

Bank payment authority

Before the loan is paid out, you will give us consent to collect the monthly payments from your bank if the Borrower fails to pay (or the shortfall in the monthly payment if the Borrower fails to pay the full monthly payment). You give us consent to use this (and any other banking details you give us) to collect each full monthly payment you owe to us until it is paid. You can cancel this authority at any time by notifying us. If you cancel this authority you will have to arrange an alternative way to pay (such as direct debit).
Where the Borrower fails to pay the full monthly payment on the due date we will (unless we give you notice that we will delay exercising the rights under the card payment authority) exercise the rights under the card payment authority on the 15th day after the relevant due date. If this is unsuccessful we will make reasonable attempts to contact you to understand why the payment has not been made and when you are able to make it. We may attempt to take payment again under the continuous payment authority, no more regularly than every third day until the relevant payment is made, but we will not do so if we believe that you are experiencing financial difficulties, or you have asked us not to.
If we agree a payment plan with you and you fail to make the agreed payment we will exercise the rights under the bank payment authority the next day and every third day until the next payment is due.
Where more than one payment is due we will exercise the rights under the bank payment authority to collect the full arrears outstanding and if that is not successful one monthly payment.
Collecting payments from your bank is not an enforcement of this guarantee and indemnity and we will not need to give you a default notice before we collect this money. “Enforcement” in this guarantee and indemnity means the obtaining of a court judgment and the enforcement of that judgment.
For your security we need to verify your debit card against the details you’ve provided. For this ‘pre-authorization’ check your account must have at least 1p available. Rest assured that this check is not a charge and no funds will be debited from your account. The amount may show as a pending transaction but will be available again within a few days. Once the loan is active we may need to repeat this process, every 9 months, to ensure the card is still valid.

Independent advice

You should not act as a guarantor unless you are sure you know exactly what the responsibility is that you are taking on. If you are at all unsure we strongly recommend that you take independent legal advice.

You must tell us about any changes

Every so often we need to contact you about the Borrower’s agreement. To make sure we can do this, you must tell us within seven days if you’ve changed your home address, your name, your email address, or any phone number that we use to contact you.
You can tell us about any change in email or by phone.
If we need to contact you, we’ll send all notices, information and statements to your last known address which shall be the address shown on this agreement, unless we know that you have moved. We may send some notices via email, text message or phone instead.
If you get a new banking information you should provide us with the updated details.

General

You agree that if any part of this guarantee and indemnity is not valid or cannot be enforced, it will not affect any other part of this guarantee and indemnity.
Sometimes we can’t meet our promises to you because of matters beyond our reasonable control. This would include a problem with a computer system, a third-party supplier (such as the postal service) or an industrial dispute. In these cases, we will not be legally responsible to you.
This guarantee and indemnity applies only to you and you may not transfer any of your rights and responsibilities under it. For business reasons, we may transfer our rights without your permission provided that we take reasonable steps to ensure that your rights and obligations will not be adversely affected as a result of the transfer.
There may be taxes or costs that you may need to pay in connection with this guarantee and indemnity but we are not aware of any.
We may record or monitor phone calls.

The law and language that applies to this guarantee and indemnity

English law governs this guarantee and indemnity and the English courts will have the right to deal with any disputes unless you live in another part of the UK, in which case this guarantee and indemnity is governed by the law and courts in that part of the UK.
The language used in this guarantee and indemnity, any information and any communication with us will be English.

What you should do if you have a complaint

We’re fully committed to dealing with all complaints, fully and fairly, and in a reasonable time. If you have a complaint about the guarantee and indemnity or anything we’ve done, please let us know.
You can make a complaint over the phone, or to our email.

Definitions

‘Account’ means the Trublu Financial Services account, which we opened in the Borrower’s name when we sign the Borrower’s agreement.
‘Borrower’ means the person who is borrowing the loan from Trublu Financial Services, whose name and signature appears on the Borrower’s agreement.
‘Borrower’s agreement’ means the Credit agreement that the Borrower plans to enter into with us (Trublu Financial Services) for a loan.
‘Debt’ means any money we pay to you on behalf of the Borrower as a result of the guarantee and indemnity and the Borrower’s agreement or any extension or amendment to either of them. It also includes any fees we pay on the Borrower’s behalf.
‘We’, ‘us’ and ‘our’ means Trublu Financial Services Ltd (and anyone we transfer this guarantee and indemnity to).
‘You’ and ‘your’ means the person whose name appears on the guarantee and indemnity and who has agreed to guarantee full repayment to us of the Borrower’s loan if the Borrower fails to meet any payments due.

Credit-reference agencies

When you ask to act as a guarantor, we'll look at your credit file at credit-reporting agencies (“CRAs"). The CRAs will give us credit information about you including information from the electoral register. This credit search is used to check your identity and your eligibility to be a guarantor. We do not use this information to credit score you. The CRAs will add details of our searches and your application to the record which they hold about you. The CRAs will also add details of your loan agreement with us, the payments you make under it and any default or failure to keep to its terms. Your credit-reporting agency records will be seen by other organizations that make searches with those agencies. Information held about you by the CRAs may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any “associated” records.
While you are a customer of ours, we may carry out extra credit searches so we can manage your account. We and other organizations may use and search these records (including access and use from other countries) for example to:
•help make decisions about credit and credit-related services and other facilities for you and members of your household;
•Verify the accuracy of the data you have provided to us;
•trace debtors and guarantors, recover debt, prevent fraud, and to manage your guarantee and indemnity, other accounts and other facilities;
•check details on proposals and claims for all types of insurance;
•check details of job applicants and employees; and
•check your identity to prevent money laundering unless you give us other satisfactory proof of identity.
The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail below. 

Preventing Fraud

When you apply for a loan, we undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to process personal data about you.
The personal data you have provided, we have collected from you, or we have received from third parties will be used to prevent fraud and money laundering, and to verify your identity.
Details of the personal information that will be processed include: name, address, date of birth, contact details, financial information, employment details, device identifiers including IP address.
We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
We process your personal data on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement when applying for an Trublu loan.
Fraud prevention agencies can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.
If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services or financing you have requested, or to employ you, or we may stop providing existing services to you.
A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details above.
Your personal data is protected by legal rights, which include your rights to object to our processing of your personal data; request that your personal data is erased or corrected or request access to your personal data.
For more information or to exercise your data protection rights, please write to us using the contact details above.


Guarantors- Guidelines & Responsibilities


Each borrower must have a minimum of one guarantors, additional guarantor(s) may be required depending on the amount being financed and/or the financial stability of your primary guarantor. Your guarantor(s) will agree to secure your financing and
repay the loan in the event that you do not. It is therefore vital that they be aware of all their obligations.
In some cases where applicants are unable to find more than one guarantor, the single guarantor, if assessed as being financially sound and satisfies other requirements as specified by Management and is deemed to be financially sound, he/ she will be allowed to stand as the sole guarantor for the beneficiary.
Guarantors must know the applicant, and plan to maintain some measure of contact in the future. This will provide assurance that the student is held accountable for repayment when the time arises.
One individual may sign as Guarantor for multiple beneficiaries (up to a maximum of two depending on the loan amount and type of loan); provided that he/she proves that they are financially capable
A guarantor must be:
Living and working in Jamaica 
Must be employed for at least two (2) years. 
Between 18 and 60 years old. Guarantors over ages sixty (60) may be accepted on a case by case basis based on their financial capabilities and fulfilling other stated criteria.
Gainfully employed- whether formally or self employed
In Possession of a Tax Registration Number (T.R.N.)
Guarantor must produce the following documents:
1. Taxpayer Registration Number (TRN). TRN card or the slip issued by the Inland Revenue Department is acceptable.
2. One (1) Photographic identification (one of the following)
i. Passport
ii. Driver Licence or
iii. National Identification (voter's ID)
iv. Employee Identification along with a certified passport sized photograph
3. Income verification (one of the following)
o Letter from employer stating job title and gross salary earned whether annually, monthly, fortnightly
or weekly.
o Last three (3) pay slips.
o For formal self-employed guarantors a current audited financial statement from a certified
Accountant.
o For persons who are employed to basic schools that are governed by the Ministry of Education
(MOE), they will be required to submit the last 3 payslips from the Ministry of Education and a job letter signed and stamped from the basic school.

PROTECTING GUARANTORS
All prospective applicants should seek guarantors who are employed and of good character. Guarantors will be
informed in advance of the importance of their role in guaranteeing loans and their obligations to repay the loan should the person for whom they signed refuse to honor their obligation. Loans will be insured depending on the nature and should
the borrower die, become permanently disabled or mentally incapacitated; the loan will be repaid from the proceeds of the insurance coverage.

Guarantors who opt to pay off their portion of the loan obligation be released from legal liability, prior to the full settlement of the loan, subject to fulfilling other established criteria.