Personal Loan Agreement
This Personal Loan Agreement is signed by the following parties dated
${loanApplyTime}:
-
Leapstart (HK) Limited, a licensed money lender carrying on its business
at TA12, 6th Floor, Whalley Commercial Building, 7-9 Austin Road, Tsim
Sha Tsui, Kowloon, Hong Kong (the “Lender”); and
-
${name}, residential address at ${residentialAddress}, nationality is
${nationalityType}, with Hong Kong Identity Card of number
${certificateNo} / passport of number ${passportNo} (the “Borrower”)
Principal
1. The Lender agrees to advance to the Borrower a loan in the
principal amount of ${loanAmount} (“the Loan”) .
Interest
2. The Borrower shall repay the Loan, together with applicable
interest thereon by ${totalStage} successive monthly instalments
comprising both principal and interest(“Instalment(s)”). Upon the
Borrower receives the Loan proceeds from the Lender, the Borrower is
deemed to have accepted and agreed to abide by this Agreement and be
bound by it.
3. Interest shall accrue on the outstanding principal amount of the
Loan at the rate of ${interestRate}%. Throughout the whole repayment
tenor, each Instalment will be apportioned to settle the interest payable
of the month and part of the remaining principal based on “Rule of 78”,
which is an interest calculation methodology under which a greater portion
of the monthly Instalment payment amount is allocated to the payment of
interest and a smaller portion of such amount is allocated to the payment
of principal during the earlier stages of loan repayment, (ii) the
proportion of the monthly Instalment payment allocated to interest
gradually diminishes as the loan approaches maturity and (iii) this means
that each monthly Instalment payment does not represent an equal
proportion of principal repaid.
Repayment
4. The Lender has full rights to set the repayment due date
(hereinafter referred to as the "Repayment Due Date") of each month and
the Instalment amount of the month. The Repayment Due Dates and
Installments throughout the whole repayment tenor are stipulated in the
table below. The Borrower undertakes to fulfill its repayment
responsibility in accordance with the table.
Loan Repayment Schedule:
Loan Tenor
|
Repayment
Due Date
|
Monthly
Instalment
HK$
|
Principal HK$
|
Interest HK$
|
Outstanding Balance HK$
|
<#list repaymentPlanList as item>
#list>
| Total |
|
|
|
|
|
If there is any difference, the latest repayment schedule in the APP
- COCO CREDIT shall prevail.
5. Payment Methods:
(i) Through 7-11 QR code (displayed in the App)
(ii) Through Bank Transfer/cheque,
- Bank Name: Bank of China (Hong Kong) Limited
- Account Name: LEAPSTART HK LIMITED
- Bank Account Number: 01259120396306
(iii) Through Fast Payment System FPS ID:103974697
6. If, according to the repayment schedule, the scheduled repayment
day is not a bank clearing day in that month, the last banking clearing
day before the scheduled repayment day will become the repayment day of
that month.
7. Any repayment made by the Borrower will be apportioned to settle,
firstly (i) any legal and collection fees, (ii) any late charges and other
fees and charges; (iii) any interest accrued, and lastly (iv) the
outstanding principal, or in any other as the Lender may at its absolute
discretion from time to time determine without prior reference to the
Borrower.
Prepayment
8. The Borrower shall notify the Lender in writing or by electronic
means at least seven (7) business days before applying for full
prepayment of the whole of the Loan. Permission of prepayment is subject
to full settlement of the outstanding principal balance and interest in
one lump-sum. No application for partial prepayment of the Loan will be
accepted.
9. Prepayment is settled after the Borrower repays the interest
that would otherwise have been payable on the next monthly repayment
date, outstanding principal amount of the Loan, and a prepayment charges
(equal to ${earlySettleFeeRate}% of the Loan).
Overdue
10. Without prejudice to the other rights and remedies of the
Lender, when the Borrower is in default of making any Instalments or any
part thereof when due, the Borrower will be liable for overdue interest,
default handling fee and late fee, which are determined and changed at
the Lender’s absolute discretion.
11. The Lender shall be entitled to employ outside debt collection
agency and/or institution to collect any or all sum due but unpaid by
the Borrower and for so doing, the Borrower shall be obliged to fully
indemnify the Lender for amount of costs and expenses reasonably
incurred by the Lender in employing such outside debt collection agency
or institution or its nominated agent and all legal fees and
disbursements reasonably incurred by the Lender in recovery thereof, if
any.
12. When a repayment is overdue, the Borrower agrees that the
Lender can set up Electronic Direct Debit Authorization by third-party
service to Borrower's bank accounts in Hong Kong to debit the
outstanding amount and/or interest (including fees incurred by this
debit service) without prior notice.
Renewal Agreement
13. Before the last Instalment is due or has been paid in full by
the Borrower, both parties can negotiate to replace this Agreement with
a renewed agreement. The outstanding amount of the Loan under this
Agreement, along with any applicable interest and fee arrears, will be
combined with the loan amount under the proposed renewed agreement.
Accrued interest under this Agreement until the Date of Advance of the
proposed renewed agreement, if any, shall also be added to the loan
amount of the proposed renewed agreement.
14. If the provisions of the renewed agreement is confirmed and
accepted by both parties, the renewed agreement will supersede and
replace this Agreement and all prior agreements, promises, and
undertakings, oral or written, between the Lender and Borrower regarding
the personal loan covered hereby.
Termination as a result of overdue or other reasons
15. The outstanding principal, interest and other charges under the
Loan shall be subject to the Lender’s overriding right of repayment on
demand.
16. The Loan together with all accrued interest and other fees,
charges and expenses (including, without limitation, legal costs and
expenses reasonably incurred in enforcing this Agreement) shall become
immediately due and payable without notice or demand by the Lender upon
occurrence of any of the following events of default :
(a) if the Borrower default in payment of any of the Monthly Instalments
or any part thereof or any other sums payable hereunder (whether
demanded or not);
(b) if the Borrower fail to observe or comply with any of the provision
of this Agreement or any agreement or undertaking collateral or
supplemental hereto;
(c) if any information provided and/or any representation or warranty
made by the Borrower in the application of this Loan is or proves to
have been incorrect or inaccurate in any material respect;
(d) if the Borrower dies or is deemed to be unable to repay under this
Agreement as the Loan falls due, or admit inability to repay under this
Agreement as the Loan falls due or have a bankruptcy petition or order
filed or made against the Borrower;
(e) if a legal action, being a direct or potential threat to the
Lender’s financial status, has been threatened or commenced against
he/she and the Lender have failed to show cause to the Lender to its
satisfaction within 7 days upon the Lender’s written request for the
Borrower to do so;
(f) if distress or execution shall be levied or threatened upon any of
the Borrower’s property and judgment against the Borrower shall remain
unsatisfied for more than 14 days; or
(g) if in the opinion of the Lender, the Borrower encounter or likely to
encounter financial problems or otherwise not in a position to
effectually perform or observe any of my/our obligations hereunder.
17. The Borrower authorizes Lender to disclose to or obtain from
other parties such information in respect of the Borrower or the Loan at
any time as Lender may deem necessary without further reference to or
consent from the Borrower.
Personal Data and Consumer Credit Data
18. The Borrower hereby acknowledge receipt of and confirm that the
Borrower have read and understood and agree to be bound by the Lender’s
notice relating to the “Personal Data (Privacy) Ordinance” prevailing
from time to time.
19. The Borrower agree that the Lender may access any credit
reference agency for credit reports on the Borrower for the purpose of
the Lender’s review of the Borrower’s credit facilities at any time as
it deems necessary and appropriate. In case the Borrower revokes his/her
consent to such access or the Lender’s access to any such agency for
such purpose is otherwise denied, the Lender may exercise its rights and
powers under Clauses 13 and 14 hereinabove mentioned as if the Borrower
were not in compliance with this Agreement.
Borrower’s Representations, Warranties and Undertakings
20. The Borrower represents and warrants to the Lender that:
(a) the Borrower possesses undisputed power to enter into and perform
the Agreement;
(b) the Agreement constitutes the Borrower’s legal, valid and binding
obligations enforceable in accordance with its terms;
(c) the entry into and performance by the Borrower of the Agreement do
not and will not conflict with any document or agreement which is
binding on the Borrower or any of the Borrower’s asset;
(d) all information, documents and representations provided by the
Borrower to the Lender at any time are true and correct;
(e) no litigation, arbitration or administrative proceedings are current
or, to the Borrower’s knowledge, pending or threatened, which might, if
adversely determined, have a material adverse effect on the business or
financial condition of the Borrower or the ability of the Borrower to
perform his/her obligations under this Agreement;
(f) the Borrower will promptly supply to the Lender on request, such
information relating to the Borrower as the Lender may from time to time
request;
(g) the Borrower will promptly notify the Lender upon becoming aware of
any event or thing which would be likely to materially and adversely
affect the Borrower’s ability to perform the Borrower’s obligations
under the Agreement;
(h) the Borrower has not entered and will not enter into any agreement
or obligation with any third party which might materially and adversely
affect his/her financial condition.
Indemnity
21. The Borrower shall indemnify the Lender and keep the Lender
effectually indemnified from and against all losses, damages, costs,
charges, expenses and liabilities which may be suffered sustained or
incurred by the Lender and all actions, suits, proceedings, claims or
demands of any nature whatsoever which may be taken, made or threatened
against the Lender or which may arise directly or indirectly by reason
of the Lender entering into this Agreement or advancing the Loan; or by
reason of the operation of this Agreement; or the enforcement by the
Lender of any of its rights and remedies herein or by reason of the
violation of this Agreement by the Borrower, the termination or early
termination of this Agreement. “Lender” under this paragraph shall
includes the Lender, and the Lender’s owners, officers, employees,
connected persons and agents.
Notice
22. Any notice, demand or other communication to the Borrower shall
be sent to the Borrower’s last known e-mail or physical address or such
other e-mail or physical address as may have been notified in writing by
the to the Lender and, if (a) deliver personally, shall be deemed to
have been given at the time of such delivery; (b) despatch by letter
postage, shall be deemed to have been given 24 hours after posting; and
(c) transmitted by facsimile or other electronic means, shall be deemed
to have been given at the time of despatch. Any notice or communication
to the Lender shall not be effective until actually received by the
Lender.
23. Questions, comments and requests regarding this Agreement are
welcome. If the Borrower has any questions, complaints, or suggestions
about this Agreement or any requests for access to or correction of
information held by COCO CREDIT, requests for information on COCO CREDIT
data policies and practices, or types of information held, please
contact the Lender in the following manner:
LEAPSTART(HK) LIMITED
TA12 6F Woon Lee Commercial Building, 7-9 Austin Avenue, Tsim Sha Tsui,
Attn:HK Personal Data Officer
E-mail: support@cococredit.com
Amendments and Variation
24. The Lender shall be entitled from time to time and at such time
at its sole and absolute discretion without the Borrower consent to
replace, revise, increase, add, amend and/or delete any or all of the
provisions under this Agreement for the time being in force; or to
prescribe, from time to time, fees and charges payable in respect of the
Loan. Notice for this purpose shall be desptached and become effective
according to paragraph 20 above.
Assignment
25. The Lender shall be entitled at its sole discretion to assign
or transfer any or all of its rights and obligations in relation to the
Loan and the Borrower agree to execute such documents and do such acts
and things as the Lender may reasonably require to give full effect to
such assignment or transfer.
General
26. No failure or delay by the Lender to exercise any rights or any
indulgence granted by the Lender to the Borrower shall operate as waiver
or in any way prejudice any of the rights of the Lender. Rights and
remedies of the Lender herein provided are cumulative and not exclusive
of any rights or remedies provided by law.
27. Each of the provisions of this Agreement is severable and
distinct from the others and the invalidity or unenforceability of any
such provisions shall not affect the remaining provisions.
Governing Law
28. This Agreement shall be governed by and construed in accordance
with the laws of the Hong Kong Special Administrative Region. The
Borrower shall submit to the non-exclusive jurisdiction of the courts of
the Hong Kong Special Administrative Region.
Language
29. The Chinese version of this Agreement is provided for
information only. If there is any inconsistency or conflict between the
English version and the Chinese version of this Agreement, the English
version prevails.
Memorandum of Loan Agreement
The Borrower, ${name}, residential address at ${residentialAddress},
nationality is ${nationalityType}, with Hong Kong Identity Card of
number ${certificateNo} / passport of number ${passportNo}, hereby
confirm the following essential terms and conditions of the Personal
Loan Agreement (“Agreement”):
(1) reference number of the Agreement: ${contractNo};
(2) the Lender of the Agreement is Leapstart (HK) Limited, a
licensed money lender carrying on its business at TA12, 6th Floor,
Whalley Commercial Building, 7-9 Austin Road, Tsim Sha Tsui, Kowloon,
Hong Kong (the “Lender”);
(3) the name and address of the surety: [not applicable];
(4) the form of security for the Loan: [not applicable];
(5) the amount of the principal of the loan in words and figures:
HK$ ${loanAmount} ;
(6) effective annual interest rate (assuming penalty interest and
fees as a result of overdue, early termination are irrelevant) :
${interestRate}%;
(7) Effective Date of the Agreement: ${loanApplyTime};
(8) Date of Advance: equivalent to the Effective Date of the
Agreement, unless otherwise agreed by both Parties;
(9) this Agreement is negotiated and signed in the COCO CREDIT’s
mobile application. The Lender and the Borrower understand and agree
that they have the right to sign this Agreement through electronic
signature technology, which is in compliance with relevant laws in Hong
Kong governing electronic signatures. Both parties also agree that their
electronic signature is legally binding as if the signature was made in
handwriting.
Declaration:
The Borrower declare and understand that upon the Borrower’s acceptance
of the loan granted by the Lender under this Agreement via
phone/Internet/Mobile Application, the Borrower shall be bound by the
contractual terms under this Agreement. The Borrower also understand
that his/her application is always subject to the final approval and
acceptance of the Lender and it is necessary to access the Borrower’s
credit data held by the credit reference agency and to obtain a credit
report for consideration of this application and/or for further account
review which include but not limited to the Borrower’s further loan
application with the Lender via phone/Internet/Mobile Application/fax or
whatever channels acceptable to the Lender.
The Borrower also declare that The Borrower has not entered into or
signed any agreement with any other person or company (“third party”)
for or in relation to the procuring, negotiation, obtaining or
application of the loan, guaranteeing or securing the repayment of the
loan (other than any agreement with solicitors instructed by the
intending borrower for the provision of legal services solely); and the
third party has not charged, recovered, demanded or received and/or will
not charge, recover, demand or receive any fees, charges, reward or
consideration.
The Borrower understands that it is an offence for a person to
fraudulently induce a money lender to lend money by false or misleading
statement or dishonest concealment of material facts.
The Borrower affirms that the Borrower has made full and honest
disclosure of the above information on the involvement of any third
parties in relation to the loan, if any. The Borrower has read and
understands the provisions of the Money Lenders Ordinance summarized
below, the Borrower understands the summary is not part of the law, and
reference should be made to the provisions of the Ordinance itself in
case of doubt and seek independent legal advice if necessary.
Summary of Part III of the Ordinance - Money Lenders Transactions
Section 18 sets out the requirements relating to loans made by a money
lender. Every agreement for a loan must be put into writing and signed
by the borrower within 7 days of making the agreement and before the
money is lent. A copy of the signed note of the agreement must be given
to the borrower, with a copy of this summary, at the time of signing.
The signed note must contain full details of the loan, including the
terms of repayment, the form of security and the rate of interest. An
agreement which does not comply with the requirements will be
unenforceable, except where a court is satisfied that it would be unjust
not to enforce it.
Section 19 provides that a money lender must, if requested in writing
and on payment of the prescribed fee for expenses, give the original and
a copy of a written statement of a borrower's current position under a
loan agreement, including how much has been paid, how much is due or
will be due, and the rate of interest. The borrower must endorse on the
copy of the statement words to the effect that he has received the
original of the written statement and return the copy as so endorsed to
the money lender. The money lender must retain the copy of the statement
so returned during the continuance of the agreement to which that
statement relates. If the money lender does not do so he commits an
offence. The money lender must also, upon a request in writing, supply a
copy of any document relating to the loan or security. But a request
cannot be made more than once per month. Interest is not payable for so
long as the money lender, without good reason, fails to comply with any
request mentioned in this paragraph.
Section 20 provides that the surety, unless he is also the borrower,
must within 7 days of making the agreement be given a copy of the signed
note of the agreement, a copy of the security instrument (if any) and a
statement with details of the total amount payable. The money lender
must also give the surety, upon request in writing at any time (but not
more than once per month) a signed statement showing details of the
total sum paid and remaining to be paid. The security is not enforceable
for so long as the money lender, without good reason, fails to comply.
Section 21 provides that a borrower may at any time, on giving written
notice, repay a loan together with interest to the date of repayment,
and no higher rate of interest may be charged for early repayment. This
provision, however, will not apply where the money lender is recognized,
or is a member of an association recognized, by the Financial Secretary
by notice in the Gazette in force under section 33A(4) of the Ordinance.
Section 22 states that a loan agreement is illegal if it provides for
the payment of compound interest, or provides that a loan may not be
repaid by instalments. A loan agreement is also illegal if it charges a
higher rate of interest on amounts due but not paid, although it may
provide for charging simple interest on that part of the principal and
interest outstanding at a rate not exceeding the rate payable apart from
any default. The illegal agreement may, however, be declared legal in
whole or in part by a court if the court is satisfied that it would be
unjust if the agreement were illegal because it did not comply with this
section.
Section 23 declares that a loan agreement with a money lender and any
security given for the loan will not be enforceable if the money lender
was unlicensed at the time of making the agreement or taking the
security. The loan agreement or security may, however, be declared
enforceable in whole or in part by a court if the court is satisfied
that it would be unjust if the agreement or security were unenforceable
by virtue of this section.
Summary of Part IV of the Ordinance - Excessive Interest Rates Section
24 fixes the maximum effective rate of interest on any loan (the
"effective rate" is to be calculated in accordance with the Second
Schedule to the Ordinance). A loan agreement providing for a higher
effective rate will be unenforceable and the lender will be liable to
prosecution. This maximum rate may be changed by the Legislative Council
but not so as to affect existing agreements. The section does not apply
to any loan made to a company which has a paid up share capital of not
less than $1,000,000 or, in respect of any such loan, to any person who
makes that loan.
Section 25 provides that where court proceedings are taken to enforce a
loan agreement or security for a loan or where a borrower or surety
himself applies to a court for relief, the court may look at the terms
of the agreement to see whether the terms are grossly unfair or
exorbitant (an effective rate of interest exceeding the rate specified
in the section, may be presumed, on that ground alone, to be
exorbitant), and, taking into account all the circumstances, it may
alter the terms of the agreement in such a manner as to be fair to all
parties. This section does not apply to any loan made to a company which
has a paid up share capital of not less than $1,000,000 or, in respect
of any such loan, to any person who makes that loan.
Signature
For and on behalf of LEAPSTART(HK)
LIMITED |
|
I hereby confirm my understanding of
and acceptance to the above terms and conditions herein set
out. |
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| Lender: Leapstart (HK) Limited |
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Borrower: ${name} |
| Date: ${loanApplyTime} |
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Date: ${loanApplyTime} |