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Payday Loan Agreement for the United Kingdom

Payday Loan Agreement Template for England and Wales

A Payday Loan Agreement is a legally binding document governed by English and Welsh law that establishes the terms and conditions for a short-term, high-cost credit facility. The agreement must comply with FCA regulations, including interest rate caps, maximum charges, and consumer protection requirements. It details the loan amount, repayment terms, interest rates, and default provisions while ensuring transparency in accordance with UK consumer credit legislation.

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What is a Payday Loan Agreement?

The Payday Loan Agreement is designed for situations where individuals require immediate short-term credit, typically to be repaid on their next payday. This document, governed by English and Welsh law, must strictly adhere to FCA regulations and the Consumer Credit Act 1974. It includes essential information about loan amounts, interest rates (capped at 0.8% per day), total cost caps (100% of borrowed amount), repayment terms, and borrower protections. The agreement is crucial for ensuring regulatory compliance while protecting both lender and borrower interests.

What sections should be included in a Payday Loan Agreement?

1. Parties: Identification of lender and borrower with full details

2. Background: Context of the loan agreement and purpose

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Terms: Principal amount, interest rate, and repayment terms

5. Repayment Provisions: Schedule and method of repayment

6. Interest and Charges: Details of interest calculation and applicable fees including FCA caps

7. Default Terms: Consequences of missing payments and default charges (maximum £15)

8. Early Repayment: Terms for early settlement of the loan

What sections are optional to include in a Payday Loan Agreement?

1. Security: Terms relating to any security required for the loan - only included for secured payday loans

2. Guarantor Provisions: Terms relating to guarantor obligations and responsibilities - only included when loan requires a guarantor

3. Insurance Requirements: Mandatory insurance provisions and terms - only included when insurance is required

What schedules should be included in a Payday Loan Agreement?

1. Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Pre-Contract Information: Standard European Consumer Credit Information (SECCI) as required by consumer credit regulations

3. Direct Debit Mandate: Authorization form for automatic payments from borrower's bank account

4. Continuous Payment Authority Form: Authorization form for recurring card payments with FCA-compliant terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

































Clauses




























Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in the UK, establishing the framework for regulation of credit arrangements and consumer protection

Financial Services and Markets Act 2000: Key legislation establishing the regulatory framework for financial services in the UK, including the FCA's powers to regulate payday lenders

Consumer Rights Act 2015: Legislation protecting consumer rights and establishing requirements for fairness in consumer contracts

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair commercial practices, including misleading actions or omissions in financial services

FCA CONC Rules: Consumer Credit Sourcebook rules from the Financial Conduct Authority, providing detailed regulations for consumer credit firms

HCSTC Rules: High-cost short-term credit rules specifically regulating payday loans, including mandatory affordability checks and risk warnings

Price Cap Regulations: FCA regulations limiting daily interest rates to 0.8% and total cost to 100% of amount borrowed for payday loans

Default Fee Regulations: Rules limiting default fees to a maximum of £15 for payday loans

APR Disclosure Requirements: Mandatory requirements for clear and prominent disclosure of Annual Percentage Rate in loan agreements

Cooling-off Period Provisions: Regulations providing consumers with the right to withdraw from the credit agreement within 14 days

Data Protection Act 2018: UK implementation of GDPR, governing how personal data must be handled in loan agreements and processing

Money Laundering Regulations 2017: Requirements for identity verification and anti-money laundering checks in financial services

TCF Principles: FCA's Treating Customers Fairly principles ensuring fair treatment of consumers in financial services

CPA Regulations: Rules governing Continuous Payment Authority usage, including restrictions on repeated payment attempts

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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