Personal Loan Agreement - NAB Personal Banking · PDF filePersonal Loan Agreement General Terms 20 January 2014 Important This document contains part, but not all, of: • the terms

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  • Personal Loan AgreementGeneral Terms December

    ImportantThis document contains part, but not all, of: the terms of your Personal Loan Agreement; and the precontractual statement that you must be given before

    the Personal Loan Agreement is made (if the National Credit Code applies).

    The Personal Loan Agreement Details which names you as Customer (Details) contains further terms of your Personal Loan Agreement and forms part of the precontractual statement.

    This document and the Details should be read together.

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    Terms and Conditions

    . Keywords

    Certain words in this agreement have specific meanings which

    are explained in clause (Meaning of Words).

    . How and when the loan is made

    We agree to lend you the loan amount but we only have to

    lend to you if:

    (a) you borrow the loan amount by the last date for

    borrowing shown in the Details;

    (b) you are not in default under this agreement (for example

    by not paying a fee);

    (c) we have verified as correct the information set out in your

    loan application;

    (d) we have obtained satisfactory credit reports about you;

    (e) we have carried out a credit assessment on you that is

    satisfactory to us;

    (f) following your loan application, nothing has happened

    which has led to a significant adverse change in your

    financial circumstances or which we reasonably believe

    could lead to this; and

    (g) you have provided us with any documents or information

    we reasonably require and we are satisfied with those

    documents and that information.

    You authorise us to open a loan account in your name and to

    debit to it without first telling you:

    (a) all or any part of the loan amount; and

    (b) any other amount which you must pay under this

    agreement, on the day it becomes due (but if the amount

    is a consumer credit insurance premium your loan

    account will only be debited in accordance with clause

    (Insurance)).

    You owe us any amounts we debit to your loan account. You

    may also owe us other amounts under this agreement.

    The loan amount will be drawn in a single advance (not

    progressively) and will be paid to those person(s), and in

    the amounts, specified in the Details.

    . Repayments

    You must pay to us the loan amount and any other amount

    you owe us under this agreement (including interest charges,

    credit fees and charges, reasonable enforcement expenses,

    government taxes and duties and charges) by making

    repayments up until the last day of the loan term shown in

    the Details. On the last day of the loan term (or, if you default,

    on the day on which the balance owing on the loan account

    becomes due under clause (Defaults)) you must pay us:

    (a) the balance owing on the loan account; and

    (b) any amounts charged, accrued or payable but not yet

    debited to your loan account.

    You must make the repayments at the intervals set out in

    the Details.

    We may review, at any time, the repayments you have to make.

    If, in our opinion, your repayments are not sufficient to enable

    you to pay:

    (a) the loan; and

    (b) all interest charges; and

    (c) other moneys owing under this agreement,

    by the last day of the loan term, then we may increase your

    repayments to ensure that this can be done.

    We may also change the amount of your repayments to cover

    the cost of any annual insurance premium.

    If you have a variable annual percentage rate loan:

    (a) the rate will be our indicator rate for variable rate personal

    loans specified in the Details, last published by us in the

    metropolitan daily press on a Monday (except Christmas

    Day) under the heading National Australia Bank Indicator

    Rates less the margin specified in the Details. You may also

    obtain information about our indicator rates by calling

    or by visiting nab.com.au.

    (b) on or about each anniversary of the date we lent the loan

    amount, we may review the amount of the repayments.

    We will give you notice of any change to your repayments

    in accordance with clause (Changes to this agreement).

    . Interest charges

    (a) Obligation to pay

    You must pay us interest charges for each day on the

    balance owing on the loan account for the end of that day.

    We will calculate interest charges daily by applying the

    daily rate to the balance owing on the loan account at the

    end of each day. The daily rate is the annual percentage

    rate divided by 365.

    (b) When debited

    Interest charges are debited to the loan account on the last

    business day of each month and on the day when the total

    amount owing under this agreement is finally paid.

    . Inactive Accounts

    If you have not operated your account for seven years (for

    example, by making repayments or redrawing funds), the

    account may be closed and any credit balance you have in the

    account will be transferred to the Commonwealth Government

    as unclaimed money. We will notify you at your last known

    address at least days before any such variation takes effect.

    . Credit fees and charges other charges and taxes

    You must pay all the:

    (a) credit fees and charges and any other fees and charges

    shown in the Details in accordance with the provisions of

    the Details; and

    (b) any government taxes, duties and charges relating to this

    agreement, your loan account and its operation both now

    and in the future, whether or not you are principally liable

    for these.

  • 4

    Without limitation, if we are liable to pay goods and services

    tax (GST) or any similar tax on a supply (as defined in relevant

    legislation) (the supply) made in connection with this

    agreement, then you agree to pay us an additional amount

    equal to the consideration payable for the supply multiplied by

    the prevailing GST rate.

    In addition, we may impose new fees and charges in

    connection with this agreement, your loan account and

    its operation subject to complying with clause (Changes

    to this agreement).

    We may retain or require payment of fees or charges or both

    incurred by you before this agreement ends, except third party

    fees or charges not incurred by us, whether or not you borrow

    the loan.

    Enforcement expenses may become payable under this

    agreement in the event of a breach. We may require you to pay

    on demand any reasonable enforcement expenses reasonably

    incurred by us in enforcing this agreement.

    . Early repayment

    You may prepay the whole or any part of the balance owing

    on the loan account and any other money owing under this

    agreement at any time before the due date for last repayment.

    If you prepay only part of the loan account early, the amount

    of your repayments under this agreement and the due dates

    for payment of the repayments remain unchanged unless we

    agree to change the repayments.

    If you choose to prepay the total amount owing (that is, the

    whole of the balance owing on the loan account and any other

    money owing under this agreement) at any time before the

    end of the loan term, so that your loan account has either a

    zero or credit balances:

    (a) we may close your loan account and we will usually do this

    within one business day of the account having a zero or

    credit balance; and

    (b) if we do this, this agreement is ended.

    The total amount owing on your account is subject to change.

    You can check with us to see if a prepayment will pay out and

    close your loan account

    . Redrawing

    You may redraw from your loan account if all conditions in

    this clause have been met. Any amount you redraw becomes

    part of the loan amount.

    If the nominal amount outstanding for a loan amount on

    a day is more than the balance owing on the loan account

    on that day (calculated by excluding any uncleared funds

    which have been credited to the loan account), then you

    may redraw on that day up to an amount determined by us

    to be the lower of:

    (a) that excess; or

    (b) an amount we determine.

    The following conditions all need to be met before you may

    redraw:

    (a) neither we nor you have cancelled this option;

    (b) if there is more than one of you, each of you have signed

    a redraw authority in a form satisfactory to us, which

    authorises us to act on the instructions of any one of you

    in respect of exercising this option, and that authority has

    not been cancelled;

    (c) the redraw amount is at least a minimum amount which

    we determine from time to time;

    (d) you are not in default of this agreement or any other

    agreement with us when you request the redraw;

    (e) during the loan term, the loan amount has a variable

    interest rate;

    (f) your request for a redraw has been received by us in a

    form, and in a manner, satisfactory to us;

    (g) you have conducted the loan account in a satisfactory

    manner;

    (h) your loan account is not supported by a guarantee;

    (i) the redraw amount is not to be used for business

    purposes;

    (j) your repayments for the loan account to which the redraw

    relates are sufficient after the redraw to repay the t