| Albion Cheque Account Terms and Conditions |
| |
The following conditions apply to your Albion Cheque Account.
(Effective from date of account opening)
Definitions
In these conditions, unless the context requires otherwise:
“Account” means your Albion Cheque Account.
“British Isles” means England, Scotland, Wales and Northern Ireland.
“Card” means any cheque guarantee card that we give or send to you to use with your Account.
“Cheque Book” means any cheque book we give or send to you to use with your Account.
“Costs“ means all our costs and expenses incurred because you fail to fulfil an obligation under these conditions including (but not limited to) the examples given in condition 15.
“Fees“ means the fees we charge for any document or service we provide in connection with the Account including (but not limited to) the examples given in condition 15.
“Our Savings Accounts Rates and Features Leaflet” means the Society’s published list of interest rates, which are currently in force and which will be provided to you, or the contents advised to you, at least once a year.
“Albion Cheque Account Tariff of Fees and Costs” means the Society’s published list of Fees and Costs including debit interest, which are from time to time in force and which will be provided to you, or the contents advised to you, at least once a year.
“Society” means Leeds Building Society.
“We/our/us” means the Society.
“Working Day” means any day which is not a Saturday, Sunday or English Bank Holiday.
“You/your” means the account holder(s) in whose name(s) the Account is held. |
| |
|
| 1. |
Rights of enforceability |
| |
|
| |
No one apart from you or your personal representatives can enforce against us either these conditions or your rights in respect of your Account. |
| |
|
| 2. |
Joint Accounts |
| |
|
| 2.1 |
If the Account is held in joint names:
- all information regarding the Account will be sent to the first named account holder’s registered address;
- liability to the Society is joint and several, meaning that each named account holder is responsible for all the obligations of the
Account;
- if one account holder dies, the Account vests in the name(s) of the survivor(s) and will be automatically transferred to the other(s)
on production of the death certificate or a certified copy;
- any account holder named on the Account will be able to withdraw money from the Account and give other instructions as to the
operation or closure of the Account without the authority of the other(s);
- it is the responsibility of joint account holders who are partners and become subject to divorce or separation to give notice to the Society if they wish to change the operation of their Account (e.g. if a signatory is to be removed).
|
| |
|
| 2.2 |
If you do not want us to accept either signature you must return to us your Cheque Book(s) and Card(s) together with any unused cheques and we will close your Account. You may then apply for new accounts in your sole names. |
| |
|
| 2.3 |
If the Account is in joint names, a Card will be issued to each account holder. You must not use each others’ Card and all account holders irrevocably agree that debits to their Account may be made on the sole authority of any one joint account holder who has been issued with a Card. |
| |
|
| 2.4 |
Unless you are the person whose name appears first in our records of your Account, by signing your Account application form you will be treated as having given notice under Section 185(2) of the Consumer Credit Act 1974 that, until further notice, we do not need to send separate statements to each of you. |
| |
|
| 3 |
Membership |
| |
|
| 3.1 |
Your Account is a share account. This means that you will become a shareholding member of the Society through holding the Account. |
| |
|
| 3.2 |
As a shareholding member, you are bound by the Rules of the Society. Copies of the Rules are available from your local branch or our Customer Helpline. |
| |
|
| 3.3 |
In accordance with the Society’s Rules, only the first named of joint account holders is entitled to exercise the rights of membership (such as voting and participation in any distribution of the Society’s assets). Joint account holders may select which of them is to be the representative (i.e. first named) account holder. |
| |
|
| 4 |
Operating your Account |
| |
|
| 4.1 |
Your Account must always be kept in credit. |
| |
|
| 4.2 |
Your Account is held entirely on your own behalf and the Society need not accept notice of any rights to, or interest in, the money in your Account. An Account will not be opened for anyone aged 17 or under. |
| |
|
| 4.3 |
If there is reasonable suspicion that your Account may be being used for illegal purposes or if we become aware (whether by notification from you or otherwise) that there is a dispute over ownership of the Account (including a dispute between joint account holders), then we may freeze the Account until the position is resolved to the Society's reasonable satisfaction. If an Account is frozen it will not be possible to make deposits or withdrawals. |
| |
|
| 4.4 |
All Cards and Cheque Books remain our property and must be returned to us on request. We may need to request the return of your Card or Cheque Book to update your Account or for other purposes. |
| |
|
| 4.5 |
You must write straight away to our Banking Services Department to advise of any change of name, address or telephone number. Please provide your Account number with this communication. If you are advising of a change of name, please also enclose your Card
and Cheque Book. Alternatively, you may call into any branch to advise of these changes. You may be asked to produce evidence of any such change. |
| |
|
| 5 |
Payments to your Account |
| |
|
| 5.1 |
The minimum balance of £2,500 must be maintained at all times. In the event that the balance falls below £2,500 please see Our Savings Accounts Rates and Features Leaflet for the rate which will apply until the Account returns to the minimum balance. The maximum Account investment and operating balance is £1,000,000 (£2,000,000 for joint accounts). |
| |
|
| 5.2 |
Payments into your Account must be made by either cheque, postal order, transfer from another Leeds Building Society account or by way of bank transfer. Cheques and postal orders can be paid in at any branch of Leeds Building Society, or alternatively can be sent to Leeds Building Society by post for the credit of your Account. We are not responsible for cheques, postal orders or any other items lost in the post. When you pay in money by cheque:
- interest is calculated from the second Working Day after the cheque is paid in at the branch or the second Working Day after the cheque is received at the Society's Head Office. Cheques received after 3:30pm will be held over until the next Working Day before being processed;
- the cheque should be made payable to the account holder(s) or to Leeds Building Society and where it is made payable to Leeds Building Society it should include on the payee line details of the Account number and/or name of the account holder(s) to whom the cheque is being paid. For example, "Leeds Building Society re Mr A B Smith", or "Leeds Building Society re a/c no. 1234567890". We may not accept cheques that are payable only to Leeds Building Society unless they are drawn on an account which matches the name(s) of the account holder(s) on the Leeds Building Society account;
- the cheque may be returned unpaid due to lack of funds, the cheque being stopped, irregularities in the way the cheque has been completed or other reasons as determined by the bank on which the cheque has been drawn. In such circumstances the Society will debit the value of the cheque to your Account and may apply a Cost for this;
- the cheque will normally be deemed as being out of date if it is paid in more than six months after its date. We will use our discretion when deciding whether or not to pay an out of date cheque into your Account. We may contact you if an out of date cheque is presented;
- cheques paid into your Account should be crossed “account payee only”.
|
| |
|
| 6 |
Withdrawals |
| |
|
| 6.1 |
You can only make withdrawals from your Account in the following ways:
- bank transfer;
- Direct Debit;
- cheque;
- standing orders;
- transfers to other Society accounts;
- other authorised automated payments.
|
| |
|
| 6.2 |
No cash withdrawals are permitted. You may not withdraw funds against a cheque until the money has reached your Account (cleared) in accordance with the central clearing cycle operated by banks. A cheque deposited to your Account will be available for withdrawal no later than the fourth Working Day after the cheque is paid in at the branch or the fourth Working Day after the cheque is received at the Society's Head Office. Cheques received after 3:30pm will be held over until the next Working Day before being processed. |
| |
|
| 6.3 |
Maximum building society cheque withdrawal limits apply. Ask at your local branch or contact our Customer Helpline for details. |
| |
|
| 6.4 |
We will debit your Account with the amount of:
- any cheques you write;
- any Direct Debits, standing orders and other automated payments you have instructed us to pay (including bank transfers);
- the amount of cheques paid into your Account which are subsequently returned unpaid;
- any Fees and Costs which are incurred in the operation of your Account;
- any loss or expense which the Society suffers in connection with your Account;
- any other transaction which you have authorised.
|
| |
|
| 6.5 |
We reserve the right to refuse to pay Direct Debits, cheques you have written (other than those which we guarantee), standing orders and other automated payments because you have an insufficient cleared balance in your Account, even though money to cover the payment is paid into your Account later on the same day. This is because we check the balance of your Account at the start of the day. |
| |
|
| 6.6 |
If you wish to cancel a Direct Debit or cancel or change a standing order you must tell us in writing not less than 5 Working Days before the payment is due. For Direct Debits, you should also send a copy of the letter to the organisation you are paying. |
| |
|
| 6.7 |
If you wish to set up a standing order you should write to us with your instructions or call into your local branch and give us your instructions. |
| |
|
| 6.8 |
We can (after giving you written notice) keep any money in any account which you have with us and set it off against any money you owe us under a mortgage, guarantee or otherwise (including overdrawn balances and account charges) provided that the money is due. Interest will not be payable on any money used in this way. |
| |
|
| 6.9 |
We are not obliged to stop payment of a cheque issued from your Account unless you return the cheque to us for cancellation before it is presented for payment. |
| |
|
| 6.10 |
If you wish to make a withdrawal from your Account you may be asked to produce confirmation of identity before the transaction is carried out. |
| |
|
| 6.11 |
You must produce your Card and Cheque Book before making a withdrawal except where alternative methods of withdrawal are permitted. |
| |
|
| 7 |
Cheques drawn on the Account |
| |
|
| 7.1 |
We reserve the right to refuse to pay a cheque where the cleared balance in your Account is insufficient and payment would cause the Account to become overdrawn. |
| |
|
| 7.2 |
We reserve the right to refuse to pay a cheque which you have written because you have an insufficient cleared balance in your Account even though money to cover the cheque is paid into your Account later on the same day. This is because we check the balance of your Account at the start of the day. |
| |
|
| 7.3 |
We reserve the right to refuse to pay a cheque if there are any unsigned alterations to the cheque or the cheque is not fully completed or the signature on the cheque does not match that supplied to us on your application form. |
| |
|
| 7.4 |
We can transfer cleared funds from other accounts held in your name to pay a cheque where there are insufficient funds available in the Account. |
| |
|
| 7.5 |
We will only pay cheques written on any personalised cheques we have provided for your Account. |
| |
|
| 7.6 |
You must not alter any of the words pre-printed on your cheques, including the account payee crossing. |
| |
|
| 7.7 |
You must write all cheques clearly to reduce the risk of forgery. |
| |
|
| 7.8 |
You must not write a future date on your cheques. If you do, we can still pay the cheque before the date shown and we will not pay you for any loss which you suffer because of early payment. |
| |
|
| 7.9 |
We may debit your Account with a cheque which you have written even if the date on that cheque is more than 6 months before the date we receive it for payment. |
| |
|
| 7.10 |
You can stop a cheque if you tell us to do so before we receive it for payment. A Fee will be charged for this (detailed in our Albion Cheque Account Tariff of Fees and Costs). You cannot place a stop on a cheque that has been guaranteed. |
| |
|
| 7.11 |
You must not let anyone else use your Cheque Book. |
| |
|
| 7.12 |
If you ask us to do so, we will issue a second Cheque Book, provided your Account is held in joint names. |
| |
|
| 8 |
Interest Payments |
| |
|
| 8.1 |
Interest will normally be paid after deduction of income tax at the relevant rate. However, if you do not have to pay income tax, interest may be paid gross (i.e. without deduction of tax) if you provide us with the appropriate completed HM Revenue & Customs form. These forms are available from your local branch or our Customer Helpline. Completed forms may be handed in at your local branch or sent to our Banking Services Department. |
| |
|
| 8.2 |
If the Account is held in joint names and one account holder is entitled to gross interest then interest will be credited to the account holders in equal proportions provided that a completed HM Revenue & Customs form is received. |
| |
|
| 8.3 |
Interest payments are ordinarily calculated several days in advance of the actual payment. If transactions occur after the preparation of the interest calculation they will not be taken into account until the next interest payment date. It may be necessary to adjust your capital balance to compensate for any overpayment of interest if withdrawals have taken place in this period. |
| |
|
| 8.4 |
We will pay interest on any credit balance on your Account at variable rates set by us from time to time. Details of rates applying at account opening are detailed in Our Savings Accounts Rates and Features Leaflet. We also have a 24 hour Investment Interest Rateline, calls are charged at local rates. Details of rates are also available on our website. |
| |
|
| 8.5 |
Interest is calculated daily and credited to your Account annually on 1 June. |
| |
|
| 8.6 |
You will continue to earn interest on amounts invested up to and including the day before withdrawal. |
| |
|
| 9 |
Account Closures |
| |
|
| 9.1 |
From the date of Account opening, or (if later) the date you receive these Account conditions on paper or electronically, you have 14 days to notify us (in writing) if you are not happy with your choice of account. Within that period we will, if instructed by you, refund your investment with interest from Account opening, or subject to eligibility, transfer the investment to another account of your choice without any Fees, Costs or other charges associated with early withdrawal which would otherwise be due. |
| |
|
| 9.2 |
If you wish to close your Account you must first:
- give us notice;
- return all unused cheques along with any Card(s) and Cheque Book(s) issued; and
- pay all amounts you owe us on your Account, including any Fees and Costs due.
|
| |
|
| 9.3 |
We can at our discretion close your Account at any time by giving you at least 30 days individual notice. |
| |
|
| 9.4 |
Where we reasonably consider that your behaviour has been threatening or abusive towards a member of our staff, we can at our discretion immediately close your Account. |
| |
|
| 9.5 |
We can close your Account immediately if we receive notice of your death, bankruptcy or mental incapacity. |
| |
|
| 9.6 |
If you have breached these conditions or there is a likelihood of fraud or misuse we can close your Account immediately unless under the Consumer Credit Act 1974 we are required to give notice first. |
| |
|
| 9.7 |
If we close your Account you must return any unused cheques, all Cards and Cheque Books and pay all amounts you owe us on your Account, including any Fees and Costs due. |
| |
|
| 9.8 |
You will remain liable for all guaranteed cheques drawn on your Account which are presented for payment after the closure of the Account. |
| |
|
| 9.9 |
If you want to transfer your Account to another person you need to have our prior approval which is at our discretion. Only the named account holder(s) has any rights to the investment or the right to operate the Account held with the Society. |
| |
|
| 9.10 |
If your Account has a balance of less than £100 which has not been used to deposit or withdraw money for three years or more we can close the Account and retain the balance if we cannot trace you after reasonable enquiry. If you then contact us at a later date requesting that the Account be re-opened we shall not unreasonably refuse such a request. If we agree to re-open the Account you will not have continuous membership. We may change the Account to a different account type, and credit interest accordingly, or else repay the Account balance to you with interest. |
| |
|
| 9.11 |
If you have money in a dormant Account, this will always be your property, or if you die, it will become part of your estate no matter how many years have passed. |
| |
|
| 10 |
Use of your Card(s) |
| |
|
| 10.1 |
We guarantee in any single transaction, the payment of only one cheque taken from your Cheque Book for up to £250 provided:
- the cheque bears the same name and sort code number, where printed, as the Card;
- the cheque is dated with the actual date of issue;
- if it is signed, before expiry of the Card, in the British Isles in the presence of the payee by the person whose signature appears on the Card;
- the Card number is written on the reverse of the cheque by the payee;
- the Card has not been altered or defaced.
|
| |
|
| 10.2 |
Any Card issued remains the property of the Society at all times. If requested to do so you must return the Card to the Society immediately. You must stop using the Card immediately, but the Society may deduct from your Account the amount of any guaranteed cheque(s) issued following a request for the Card’s return. You may return the Card at any time and must do so if yourAccount is closed. |
| |
|
| 10.3 |
Cheques guaranteed with your Card will be debited from your Account and cannot be stopped. Suspension or cancellation of the Card does not affect the right of the Society to debit your Account with the amount of cheque(s) that have been guaranteed, whether payment has been countermanded or not, or whether the cheque is technically irregular. |
| |
|
| 10.4 |
If anyone refuses to accept your Card or retains the Card on its use, the Society will not be liable for any loss which results from this unless the refusal or retention results directly from the Society’s fault. |
| |
|
| 10.5 |
Your Card does not guarantee cheque transactions outside the British Isles. |
| |
|
| 11 |
Care of your Card(s)
|
| |
|
| |
You must sign your Card(s) issued to you in permanent ink as soon as you receive it and take reasonable care to prevent your Card being lost or stolen, or used by a third party. In particular:
- never let anyone else use your Card;
- keep your Card separate from your Cheque Book.
|
| |
|
| 12 |
Misuse of your Cheque Book(s) and/or Card(s) |
| |
|
| 12.1 |
The Card and/or Cheque Book do not entitle you to overdraw on your Account. You may not use your Card and/or Cheque Book if the value of the cheque to be guaranteed will exceed your available cleared balance. |
| |
|
| 12.2 |
We reserve the right to apply a Fee (detailed in our Albion Cheque Account Tariff of Fees and Costs) for each occasion a guaranteed cheque is presented in excess of the available cleared balance. Additionally, whilst your Account remains overdrawn, we will charge an unauthorised overdraft Fee (detailed in our Albion Cheque Account Tariff of Fees and Costs). |
| |
|
| 12.3 |
If your Account becomes overdrawn, we will apply an unauthorised overdraft interest rate. This interest rate is set out in our Albion Cheque Account Tariff of Fees and Costs. |
| |
|
| 12.4 |
The Society may suspend or cancel the Card and/or Cheque Book at any time without informing you if the Society believes that the Card and/or Cheque Book are being misused including use for any illegal purpose. |
| |
|
| 12.5 |
If someone other than you uses the Card and/or Cheque Book dishonestly, in circumstances where you have acted dishonestly or without reasonable care, and money is withdrawn from your Account, you will be liable for the withdrawal. |
| |
|
| 13 |
Loss or theft of your Cheque Book(s) and/or Card(s) |
| |
|
| 13.1 |
You should check your Card and Cheque Book regularly. If you discover that your Card and/or Cheque Book is missing or has been stolen you must tell us as soon as possible by contacting your local branch or our Customer Helpline. In the case of a lost or stolen Card and/or Cheque Book you will be issued with a new Card and/or Cheque Book after you have given such evidence of loss and proof of your identification as we may reasonably require and provided us with an indemnity or payment of a fee if we reasonably require this. |
| |
|
| 13.2 |
We will accept telephone notification of lost Card(s) and/or Cheque Book(s) but you must write to the Society to confirm your instructions. We may accept written notification of the loss or theft of your Card from a card registration bureau acting on your behalf. |
| |
|
| 13.3 |
We will not order a replacement Card and/or Cheque Book until we have received your written confirmation that the Card and/or Cheque Book have been lost or stolen, and if any such Card and/or Cheque Book is recovered, you will immediately return them to the Society. |
| |
|
| 13.4 |
Providing you have acted in good faith and advised the Society immediately of the loss of the Card and/or Cheque Book, or failure to receive a new Card and/or Cheque Book, your liability for financial loss in respect of transactions and interest is limited to £50. You may have to pay more than £50 if you have acted fraudulently or without reasonable care. The financial liability of the Society will be limited to the amounts deducted from your Account which should not have been. |
| |
|
| 13.5 |
We may give the police or any other prosecuting authority any information we consider relevant. |
| |
|
| 13.6 |
In the case of any disputed cheque transaction, the burden of proving fraud or that you acted without reasonable care, or that the Card and/or Cheque Book had been received by you, will lie with us. In such cases, we shall expect you to co-operate with us in our investigations. |
| |
|
| 13.7 |
Do not use the Card and/or Cheque Book once they have been reported lost or stolen. You should cut your Card in half if it is subsequently found. If you do use your Cheque Book then the Society may withdraw the relevant funds from your Account notwithstanding that you have agreed not to use it. |
| |
|
| 14 |
Statements |
| |
|
| 14.1 |
We will issue you with a statement at least once a year or monthly where there has been a transaction in the previous month. A Fee may be charged for duplicate requests. |
| |
|
| 14.2 |
You must check your statement regularly and tell us as soon as possible of any disputed entry. |
| |
|
| 15 |
Fees and Costs |
| |
|
| 15.1 |
The Society will not charge for normal use of cheques, Direct Debit, standing orders or bank transfers debited to the Account where the Account remains in credit after the relevant amount is debited. However, the Society reserves the right to apply Fees and Costs, if the Society provides other services to you in connection with your Account, or if you do not comply with these conditions, or if your Account does not remain in credit after the relevant amount is debited. |
| |
|
| 15.2 |
- Where we charge a Fee because you ask us to provide a document or service in connection with the Account, whether to you or anyone else and the amount of the Fee is set out in our Albion Cheque Account Tariff of Fees and Costs, it may only be changed in accordance with conditions 15.5, 15.6 and 15.7. Examples of activities we may charge a Fee for under this condition include (but are not limited to):
- copy documents (including duplicate statements, cheques etc.);
- telegraphic transfers (CHAPs payments);
- cheques credited to your Account which are unpaid;
- transfers of funds to cover cheques, Direct Debits and standing orders where there are insufficient available funds;
- unauthorised overdrafts resulting from the misuse of the Card and/or Cheque Book;
- unauthorised overdrafts;
- stopped cheques.
- Where we incur a Cost because you fail to fulfil an obligation you have under these conditions, you must pay us all reasonable Costs which we reasonably incur as a result of your failure. Where we have made a genuine pre-estimate of the expenses we are likely to incur, the amount of the Costs we will charge is set out in our Albion Cheque Account Tariff of Fees and Costs and may only be changed in accordance with conditions 15.5, 15.6 and 15.7. Examples of activities we may charge for under this condition include (but are not limited to):
- cheques drawn on your Account which are unpaid;
- unpaid Direct Debits;
- unpaid standing orders;
- a management charge for reviewing your Account and communicating with you regarding the operation
of your Account outside the agreed Account conditions.
|
| |
|
| 15.3 |
Where a Fee is not set out in our Albion Cheque Account Tariff of Fees and Costs, we will tell you the Fee for any other service or product before we provide that service or product and at any time you ask. |
| |
|
| 15.4 |
Before we debit an unauthorised monthly overdraft Fee or debit interest on unauthorised overdrawn balances to your Account, we will give you at least 14 days notice of how much we will debit. |
| |
|
| 15.5 |
We can at any time vary the Fees or Costs set out in our Albion Cheque Account Tariff of Fees and Costs if it is to your advantage (for example if we reduce or abolish any Fee or Cost) or we can at any time vary or add to the Fees or Costs set out in our Albion Cheque Account Tariff of Fees and Costs for any one or more of the following reasons (which may relate to circumstances existing at the time or those which we reasonably expect to apply in the near future):
- to respond, in a proportionate manner, to changes in the expenses which we reasonably incur in carrying out the relevant activities;
- to respond, in a proportionate manner, to changes in technology or general practice in the personal savings market;
- to respond, in a proportionate manner, to changes we may reasonably make in the activities we carry out or to carry out new activities;
- to respond, in a proportionate manner, to changes in the law or the interpretation of the law, decisions or recommendations of an Ombudsman, regulator or similar person, or any code of practice with which we intend to comply;
- to enable us to harmonise, in a reasonable manner, the Fees and Costs concerned following any acquisition or transfer of deposit or savings accounts or any takeover of, or merger with, another deposit taker or savings provider;
- to correct an error, if it is reasonable to do so;
- to enable us to maintain our financial strength in the interests of all our customers;
- to respond, in a proportionate manner, to increases in inflation;
- if we have not previously charged, or charged the full cost, for any activity or service, to reflect the costs which we reasonably incur in carrying out the activity or service.
|
| |
|
| 15.6 |
Whenever we increase an existing Fee or Cost or introduce a new Fee or Cost for any reason mentioned in condition 15.5, we will give you individual notice at least 30 days before the change is to take effect. However, we may make a change which is to your advantage immediately and tell you about it later. |
| |
|
| 15.7 |
We may also increase or add to the Fees or Costs set out in our Albion Cheque Account Tariff of Fees and Costs at any time, for any valid reason (not being a reason mentioned in condition 15.5). If we do so:
- we will give you individual notice at least 30 days before the change is to take effect;
- we will tell you the change is made under this condition 15.7 in the notice we send you; and
- if we require you to give notice before making a withdrawal or restrict the amount you may withdraw and/or number of withdrawals you may make in any period, then from the date you receive notice of the change you will have a minimum of 30 days or if greater, a period of time equal to your notice period, to close your Account without notice or without loss of interest and without paying any Fees and/or Costs for withdrawal which would otherwise be due.
|
| |
|
| 16 |
Changes to Conditions |
| |
|
| 16.1 |
We can change the interest rate to be paid on your Account at any time if we reasonably believe that the change is to your advantage or is needed for any one or more of the following reasons (which may relate to circumstances existing at the time or those which are expected to apply in the near future):
- to respond, in a proportionate manner, to changes in the Bank of England repo rate (base rate) or changes generally in the interest rates offered by our competitors in the personal savings market;
- to enable us to maintain the competitiveness of interest rates charged to our borrowers or paid to the providers of funds to us, while having regard to the interests of our investors, in the interests of our business as a whole;
- to manage margins between interest rates charged to our borrowers and interest rates paid to our investors or the providers of funds to us, in the interests of our business as a whole;
- to respond, in a proportionate manner, to any increase or reduction in costs reasonably incurred by the Society in operating its personal savings business;
- to enable us to maintain our financial strength in the interests of all our customers;
- to enable us to harmonise, in a reasonable manner, the interest rates being paid to investors following any acquisition or transfer of deposit or savings accounts or any takeover of, or merger with another savings provider or deposit taker; and
- to respond, in a proportionate manner, to changes in the law or the interpretation of the law, decisions or recommendations of an Ombudsman, regulator or similar person, or any code of practice with which we intend to comply.
|
| |
|
| 16.2 |
We will notify you of any change under condition 16.1 either by:
- notice to you individually within 30 days of the change taking effect; or
- a general notice displayed in our branches and on our website, and by advertisement in two national newspapers (selected at our discretion from The Times, The Telegraph and The Daily Mail) within 3 Working Days of the change taking effect. For postal or internet Accounts details of changes will be given to you by individual notice within 30 days of the change taking effect.
|
| |
|
| 16.3 |
We may also change the interest rate to be paid at any time for any valid reason (not being a valid reason mentioned in condition 16.1). If we do so:
- we will give you individual notice of the change before, or as soon as reasonably practicable after, such change is to take effect;
- we will tell you that the change is made under this condition 16.3 in the notice we send you; and
- if we require you to give notice before making a withdrawal or restrict the amount you may withdraw and/or number of withdrawals you may make in any period, then from the date you receive notice of the change you will have a minimum of 60 days, or if greater, a period of time equal to your notice period, to close your Account without notice or without loss of interest and without paying any Fees and/or Costs for withdrawal which would otherwise be due.
|
| |
|
| 16.4 |
Any notice of an interest rate change under this condition 16 will clearly state the previous and new interest rate. |
| |
|
| 16.5 |
We may vary these conditions (other than in respect of changes to interest rates or Fees and Costs) at any time for any of the following reasons:
- to respond, in a proportionate manner, to changes in the products or services we provide or the way we provide these;
- to respond, in a proportionate manner, to changes in technology or general practice in the personal savings market;
- to respond, in a proportionate manner, to changes in the law or interpretation of the law, decisions or recommendations of an Ombudsman, regulator or similar person, or any code of practice with which we intend to comply;
- to correct errors, if it is reasonable to do so;
- if we reasonably believe the change is necessary in the interests of our business as a whole;
- if the change is to your advantage.
|
| |
|
| 16.6 |
Unless we consider any variation under condition 16.5 is to your disadvantage, we may make the change immediately and may notify you individually within 30 days of the change becoming effective. |
| |
|
| 16.7 |
We will give you individual notice of any change under condition 16.5 which we consider is to your disadvantage at least 30 days before the change becomes effective. If we require you to give notice before making a withdrawal or restrict the amount you may withdraw and/or number of withdrawals you may make in any period, then from the date you receive notice of the change you will have a minimum of 60 days, or if greater, a period of time equal to your notice period, to close your Account without notice or without loss of interest and without paying any Fees and/or Costs for withdrawal which would otherwise be due. |
| |
|
| 16.8 |
We may also vary these conditions (other than in respect of changes to interest rates or Fees and Costs) at any time for any valid reason (not being a valid reason mentioned in condition 16.5). If we do so:
- we will give you individual notice at least 30 days before the change is to take effect;
- we will tell you that the change is made under this condition 16.8 in the notice we send you; and
- if we require you to give notice before making a withdrawal or restrict the amount you may withdraw and/or number of withdrawals you may make in any period, then from the date you receive notice of the change you will have a minimum of 60 days, or, if greater, a period of time equal to your notice period, to close your Account without notice and without loss of interest and without paying any Fees and/or Costs for withdrawal which would otherwise be due.
|
| |
|
| 16.9 |
If there is a major change or a number of minor changes in any one year we will send you a revised copy of these conditions. |
| |
|
| 17 |
Confidentiality |
| |
|
| 17.1 |
We will only give details of your Account or personal details to anyone else if:
- you have specifically requested or consented to the disclosure;
- the law requires us to do so;
- our interests make disclosure necessary; or
- we have a public duty to disclose.
Your application form may include a declaration requesting your consent to disclosure for particular purposes. |
| |
|
| 17.2 |
In particular we may disclose details to credit reference agencies if:
- you owe us money on your Account;
- we have asked you in writing to pay this money;
- you do not dispute that you owe us money; and
- you have not made satisfactory arrangements for repayment.
We will give you 28 days notice before we do so. Credit reference agencies may make available your payment history information to other financial services organisations which may then affect your ability to obtain credit. |
| |
|
| 17.3 |
If you agree (e.g. by signing the application form for your Account if it includes the appropriate declaration), we may give credit reference agencies other information about your Account. |
| |
|
| 17.4 |
If, after opening your Account, you would like to exercise the right to refuse receiving information about additional services and products, please contact your local branch or call our Customer Helpline. |
| |
|
| 18 |
General |
| |
|
| 18.1 |
Where necessary, any word in these conditions which is in the singular shall also be read as in the plural and any word which is in the plural shall also be read as if it was in the singular. |
| |
|
| 18.2 |
These conditions constitute a legal agreement between the Society and you and govern the conduct of your Account. |
| |
|
| 18.3 |
We will not be liable for any loss you may suffer of any kind whatsoever if we are unable to operate your Account or fulfil our obligations to you because of any strike or industrial action or failure of power supplies, data transmission systems or equipment or any other cause or event whatsoever beyond our reasonable control or the reasonable control of our agents or sub-contractors. |
| |
|
| 18.4 |
Any failure by the Society to enforce any of its rights against you on one occasion, whether in whole or in part, should not be regarded as a waiver of the Society’s rights to enforce these obligations on any other occasion whether in whole or in part. |
| |
|
| 18.5 |
Each of the provisions of these conditions is severable and distinct from the others and if at any time one or more of such provisions becomes illegal, invalid or unenforceable, this will not impair or affect the legality, validity or enforceability of the remaining provisions. |
| |
|
| 18.6 |
A reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts. |
| |
|
| |
19 Applicable Law and Jurisdiction |
| |
|
| 19.1 |
The relationship between you and the Society is based upon the laws of England and Wales. |
| |
|
| 19.2 |
The conditions of your Account are subject to the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction. |
| |
|
| 19.3 |
The conditions of your Account and all documentation relating to your Account are supplied in English. All communications issued by the Society will be in English. |
| |
|
| 20 |
Banking code |
| |
|
| |
The Society subscribes to the Banking Code, which establishes minimum standards of good banking practice. |
| |
|
| |
^ Back to top ^ |
| |
| |
| Premier
Current Account Terms and Conditions |
| |
The following conditions apply to your Premier Current Account.
(Effective from date of account opening)
Definitions
In these conditions, unless the context requires otherwise:
“Account” means your Premier Current Account.
“Account Documents” means your Passbook or your Cheque Book(s) and Card(s) (as the case may be).
“British Isles” means England, Scotland, Wales and Northern Ireland.
“Card” means any cheque guarantee card that we give or send to you to use with your Account.
“Cheque Book” means any cheque book we give or send to you to use with your Account.
“Costs” means all our costs and expenses incurred because you fail to fulfil an obligation under these conditions including (but not limited to) the examples given in condition 16.
“Fees” means the fees we charge for any document or service we provide in connection with the Account including (but not limited to) the examples given in condition 16.
“Our Savings Accounts Rates and Features Leaflet” means the Society’s published list of interest rates, which are currently in force and which will be provided, to you or the contents advised to you, at least once a year.
“Passbook” means any passbook we give or send to you to use with your Account.
“Premier Current Account Tariff of Fees and Costs” means the Society’s published list of Fees and Costs including debit interest, which are from time to time in force and which will be provided to you, or the contents advised to you, at least once a year.
“Society” means Leeds Building Society.
“We/our/us” means the Society.
“Working Day” means any day which is not a Saturday, Sunday or English Bank Holiday.
“You/your” means the account holder(s) in whose name(s) the Account is held. |
| |
|
| 1 |
Rights of enforceability |
| |
|
| |
No one apart from you or your personal representatives can enforce against us either these conditions or your rights in respect of your Account. |
| |
|
| 2 |
Joint Accounts |
| |
|
| 2.1 |
If the Account is held in joint names:
- all information regarding the Account will be sent to the first named account holder’s registered address;
- liability to the Society is joint and several, meaning that each named account holder is responsible for all the obligations of the Account;
- if one account holder dies, the Account vests in the name(s) of the survivor(s) and will be automatically transferred to the other(s)
- on production of the death certificate or a certified copy;
- unless you have given us written notice to the contrary in accordance with condition 2.3, any account holder named on the Account will be able to withdraw money from the Account and give other instructions as to the operation or closure of the Account without the authority of the other(s);
- it is the responsibility of joint account holders who are partners and become subject to divorce or separation to give notice to the Society if they wish to change the operation of their Account (e.g. if a signatory is to be removed).
|
| |
|
| 2.2 |
If you have a Cheque Book and Card and you do not want us to accept either signature you must return to us your Cheque Book(s) and Card(s) together with any unused cheques and we will close your Account. You may then apply for new accounts in your sole names. |
| |
|
| 2.3 |
If you have a Passbook and you do not want us to accept either signature you must give us written notice and we will amend your Account details accordingly. |
| |
|
| 2.4 |
If the Account is in joint names and you have applied for and we agree to issue a Cheque Book and Card instead of a Passbook, a Card will be issued to each account holder. You must not use each other’s Card and all account holders irrevocably agree that debits to their Account may be made on the sole authority of any one joint account holder who has been issued with a Card. |
| |
|
| 2.5 |
Unless you are the person whose name appears first in our records of your Account, by signing your Account application form you will be treated as having given notice under Section 185(2) of the Consumer Credit Act 1974 that, until further notice, we do not need to send separate statements to each of you. |
| |
|
| 3 |
Membership |
| |
|
| 3.1 |
Your Account is a share account. This means that you will become a shareholding member of the Society through holding the Account. |
| |
|
| 3.2 |
As a shareholding member, you are bound by the Rules of the Society. Copies of the Rules are available from your local branch or our Customer Helpline. |
| |
|
| 3.3 |
In accordance with the Society’s Rules, only the first named of joint account holders is entitled to exercise the rights of membership (such as voting and participation in any distribution of the Society’s assets). Joint account holders may select which of them is to be the representative (i.e. first named) account holder. |
| |
|
| 4 |
Operating your Account |
| |
|
| 4.1 |
Your Account is held entirely on your own behalf and the Society need not accept notice of any rights to, or interest in, the money in your Account. An Account will not be opened for anyone aged 17 or under. |
| |
|
| 4.2 |
If there is reasonable suspicion that your Account may be being used for illegal purposes or if we become aware (whether by notification from you or otherwise) that there is a dispute over ownership of the Account (including a dispute between joint account holders), then we may freeze the Account until the position is resolved to the Society's reasonable satisfaction. If an Account is frozen it will not be possible to make deposits or withdrawals. |
| |
|
| 4.3 |
All Account Documents remain our property and must be returned to us on request. We may need to request the return of Account Documents to update your Account or for other purposes. |
| |
|
| 4.4 |
You must write straight away to our Banking Services Department to advise of any change of name, address or telephone number. Please provide your Account number with this communication. If you are advising of a change of name, please also enclose your Account Documents. Alternatively, you may call into any branch to advise of changes. You may be asked to produce evidence of any such change. |
| |
|
| 5 |
Payments to your Account |
| |
|
| 5.1 |
The minimum investment and operating balance is £100 and must be maintained at all times. In the event that the balance falls below £100, please see Our Savings Accounts Rates and Features Leaflets for the rate which will apply until the Account returns to the minimum balance. The maximum Account investment and operating balance is £1,000,000 (£2,000,000 for joint accounts). |
| |
|
| 5.2 |
Payments into your Account can be made by cash, cheque, postal order, transfer from another Leeds Building Society account or by way of bank transfer. Cash, cheques and postal orders can be paid in at any branch of Leeds Building Society. Cheques and postal orders (but not cash) can also be sent to Leeds Building Society by post for the credit of your Account. We are not responsible for cheques, postal orders or any other items lost in the post. When you pay in money by cheque:
- interest is calculated from the second Working Day after the cheque is paid in at the branch or the second Working Day after the cheque is received at the Society's Head Office. Cheques received after 3:30pm will be held over until the next Working Day before being processed;
- the cheque should be made payable to the account holder(s) or to Leeds Building Society and where it is made payable to Leeds Building Society it should include on the payee line details of the Account number and/or name of the account holder(s) to whom the cheque is being paid. For example, "Leeds Building Society re Mr A B Smith", or "Leeds Building Society re a/c no 1234567890". We may not accept cheques that are payable only to Leeds Building Society unless they are drawn on an account which matches the name(s) of the account holder(s) on the Leeds Building Society account;
- the cheque may be returned unpaid due to lack of funds, the cheque being stopped, irregularities in the way the cheque has been completed or other reasons as determined by the bank on which the cheque has been drawn. In such circumstances the Society will debit the value of the cheque to your Account and may apply a Cost for this;
- the cheque will normally be deemed as being out of date if it is paid in more than six months after its date. We will use our discretion when deciding whether or not to pay an out of date cheque into your Account. We may contact you if an out of date cheque is presented;
- cheques paid into your Account should be crossed “account payee only”.
|
| |
|
| 5.3 |
When you pay money in by cash, bank transfer or from another account with the Society (cleared funds) or an automated payment such as an internet payment or standing order, interest is paid from the day of receipt. |
| |
|
| 5.4 |
You may not pay in money in a currency which is not legal tender in the UK. Payments into your Account cannot be accepted if made by way of:
- foreign currency;
- foreign currency travellers cheques;
- cheques from foreign banks;
- cheques in foreign currency.
|
| |
|
| 6 |
Withdrawals |
| |
|
| 6.1 |
You can only make withdrawals from your Account in the following ways:
- cash withdrawals (subject to the applicable daily limit from time to time in force, details of which are available from your local branch or our Customer Helpline);
- bank transfer;
- Direct Debit;
- cheque;
- standing orders;
- transfers to other Society accounts;
- other authorised automated payments.
|
| |
|
| 6.2 |
You may not withdraw funds against a cheque until the money has reached your Account (cleared) in accordance with the central clearing cycle operated by banks. A cheque deposited to your Account will be available for withdrawal no later than the fourth Working Day after the cheque is paid in at the branch or the fourth Working Day after the cheque is received at the Society's Head Office. Cheques received after 3:30pm will be held over until the next Working Day before being processed. |
| |
|
| 6.3 |
Maximum building society cheque withdrawal limits apply. Ask at your local branch or contact our Customer Helpline for details. |
| |
|
| 6.4 |
We will debit your Account with the amount of:
- all cash withdrawals from your Account;
- any cheques you write;
- any Direct Debits, standing orders and other automated payments you have instructed us to pay (including bank transfers);
- the amount of cheques paid into your Account which are subsequently returned unpaid;
- any Fees and Costs which are incurred in the operation of your Account;
- any loss or expense which the Society suffers in connection with your Account;
- any other transaction which you have authorised.
|
| |
|
| 6.5 |
We reserve the right to refuse to allow cash withdrawals to be made or to pay Direct Debits, cheques you have written (other than those which we guarantee), standing orders and other automated payments because you have an insufficient cleared balance in your Account, even though money to cover the payment is paid into your Account later on the same day. This is because we check the balance of your Account at the start of the day. |
| |
|
| 6.6 |
If you wish to cancel a Direct Debit or cancel or change a standing order you must tell us in writing not less than 5 Working Days before the payment is due. For Direct Debits you should also send a copy of the letter to the organisation you are paying. |
| |
|
| 6.7 |
If you wish to set up a standing order you should write to us with your instructions or call into your local branch and give us your instructions. |
| |
|
| 6.8 |
We can (after giving you written notice) keep any money in any account which you have with us and set it off against any money you owe us under a mortgage, guarantee or otherwise (including overdrawn balances and account charges) provided that the money is due. Interest will not be payable on any money used in this way. |
| |
|
| 6.9 |
We are not obliged to stop payment of a cheque issued from your Account unless you return the cheque to us for cancellation before it is presented for payment. |
| |
|
| 6.10 |
If you wish to make a withdrawal from your Account you may be asked to produce confirmation of identity before the transaction is carried out. |
| |
|
| 6.11 |
You must produce the relevant Account Document before making a withdrawal except where alternative methods of withdrawal are permitted. |
| |
|
| 7 |
Cheques drawn on the Account |
| |
|
| 7.1 |
If we have issued you with a Cheque Book and Card, this condition 7 and conditions 10,11,12 and 13 will apply in respect of each such Cheque Book and Card issued in relation to your Account. |
| |
|
| 7.2 |
We reserve the right to refuse to pay a cheque where the cleared balance in your Account is insufficient and payment would cause the Account to become overdrawn. |
| |
|
| 7.3 |
We reserve the right to refuse to pay a cheque which you have written because you have an insufficient cleared balance in your Account even though money to cover the cheque is paid into your Account later on the same day. This is because we check the balance of your Account at the start of the day. |
| |
|
| 7.4 |
We reserve the right to refuse to pay a cheque if there are any unsigned alterations to the cheque or the cheque is not fully completed or the signature on the cheque does not match that supplied to us on your application form. |
| |
|
| 7.5 |
We can transfer cleared funds from other accounts held in your name to pay a cheque where there are insufficient funds available in the Account. |
| |
|
| 7.6 |
We will only pay cheques written on any personalised cheques we have provided for your Account. |
| |
|
| 7.7 |
You must not alter any of the words pre-printed on your cheques, including the account payee crossing. |
| |
|
| 7.8 |
You must write all cheques clearly to reduce the risk of forgery. |
| |
|
| 7.9 |
You must not write a future date on your cheques. If you do, we can still pay the cheque before the date shown and we will not pay you for any loss which you suffer because of early payment. |
| |
|
| 7.10 |
We may debit your Account with a cheque which you have written even if the date on that cheque is more than 6 months before the date we receive it for payment. |
| |
|
| 7.11 |
You can stop a cheque if you tell us to do so before we receive it for payment. A Fee will be charged for this (detailed in our Premier Current Account Tariff of Fees and Costs). You cannot place a stop on a cheque that has been guaranteed. |
| |
|
| 7.12 |
You must not let anyone else use your Cheque Book. |
| |
|
| 7.13 |
If you ask us to do so, we will issue a second Cheque Book, provided your Account is held in joint names. |
| |
|
| 8 |
Interest Payments |
| |
|
| 8.1 |
Interest will normally be paid after deduction of income tax at the relevant rate. However, if you do not have to pay income tax, interest may be paid gross (i.e. without deduction of tax) if you provide us with the appropriate completed HM Revenue & Customs form. These forms are available from your local branch or our Customer Helpline. Completed forms may be handed in at your local branch or sent to our Banking Services Department. |
| |
|
| 8.2 |
If the Account is held in joint names and one account holder is entitled to gross interest then interest will be credited to the account
holders in equal proportions provided that a completed HM Revenue & Customs form is received. |
| |
|
| 8.3 |
Interest payments are ordinarily calculated several days in advance of the actual payment. If transactions occur after the preparation of the interest calculation they will not be taken into account until the next interest payment date. It may be necessary to adjust your capital balance to compensate for any overpayment of interest if withdrawals have taken place in this period. |
| |
|
| 8.4 |
We will pay interest on any credit balance on your Account at variable rates set by us from time to time. Details of rates applying at account opening are detailed in Our Savings Rates and Features Leaflet. We also have a 24 hour Investment Interest Rateline, calls are charged at local rates. Details of rates are also available on our website. |
| |
|
| 8.5 |
Interest is calculated daily and credited to your Account annually on 1 September. |
| |
|
| 8.6 |
You will continue to earn interest on amounts invested up to and including the day before withdrawal. |
| |
|
| 9 |
Account Closures |
| |
|
| 9.1 |
From the date of Account opening, or (if later) the date you receive these Account conditions on paper or electronically, you have 14 days to notify us (in writing) if you are not happy with your choice of account. Within that period we will, if instructed by you, refund your investment with interest from Account opening, or subject to eligibility, transfer the investment to another account of your choice without any Fees, Costs or other charges associated with early withdrawal which would otherwise be due. |
| |
|
| 9.2 |
If you wish to close your Account you must first:
- give us notice;
- return all of your Account Documents including any unused cheques; and
- pay all amounts you owe us on your Account, including any Fees and Costs due.
|
| |
|
| 9.3 |
We can at our discretion close your Account at any time by giving you at least 30 days individual notice. |
| |
|
| 9.4 |
Where we reasonably consider that your behaviour has been threatening or abusive towards a member of our staff, we can at our discretion immediately close your Account. |
| |
|
| 9.5 |
We can close your Account immediately if we receive notice of your death, bankruptcy or mental incapacity. |
| |
|
| 9.6 |
If you have breached these conditions or there is a likelihood of fraud or misuse we can close your Account immediately unless under the Consumer Credit Act 1974 we are required to give notice first. |
| |
|
| 9.7 |
If we close your Account you must return all of your Account Documents including any unused cheques and pay all amounts you owe us on your Account, including any Fees and Costs due. |
| |
|
| 9.8 |
You will remain liable for all guaranteed cheques drawn on your Account which are presented for payment after the closure of the Account. |
| |
|
| 9.9 |
If you want to transfer your Account to another person you need to have our prior approval which is at our discretion. Only the named account holder(s) has any rights to the investment or the right to operate the Account held with the Society. |
| |
|
| 9.10 |
If your Account has a balance of less than £100 which has not been used to deposit or withdraw money for three years or more we can close the Account and retain the balance if we cannot trace you after reasonable enquiry. If you then contact us at a later date requesting that the Account be re-opened we shall not unreasonably refuse such a request. If we agree to re-open the Account you will not have continuous membership. We may change the Account to a different account type, and credit interest accordingly, or else repay the Account balance to you with interest. |
| |
|
| 9.11 |
If you have money in a dormant Account, this will always be your property, or if you die, it will become part of your estate no matter how many years have passed. |
| |
|
| 10 |
Use of your Card(s) |
| |
|
| 10.1 |
If we have issued you with a Cheque Book and Card, the following provisions of this condition 10 and of conditions 7, 11, 12 and 13 will apply in respect of each such Card issued in relation to your Account. |
| |
|
| 10.2 |
We guarantee in any single transaction, the payment of only one cheque taken from your Cheque Book for up to £100 provided:
- the cheque bears the same name and sort code number, where printed, as the Card;
- the cheque is dated with the actual date of issue;
- if it is signed, before expiry of the Card, in the British Isles in the presence of the payee by the person whose signature appears on the Card;
- the Card number is written on the reverse of the cheque by the payee;
- the Card has not been altered or defaced.
|
| |
|
| 10.3 |
Any Card issued remains the property of the Society at all times. If requested to do so you must return the Card to the Societyimmediately. You must stop using the Card immediately, but the Society may deduct from your Account the amount of any guaranteed cheque(s) issued following a request for the Card’s return. You may return the Card at any time and must do so if your Account is closed. |
| |
|
| 10.4 |
Cheques guaranteed with your Card will be debited from your Account and cannot be stopped. Suspension or cancellation of the Card does not affect the right of the Society to debit your Account with the amount of cheque(s) that have been guaranteed, whether payment has been countermanded or not, or whether the cheque is technically irregular. |
| |
|
| 10.5 |
If anyone refuses to accept your Card or retains your Card on its use, the Society will not be liable for any loss which results from this unless the refusal or retention results directly from the Society’s fault. |
| |
|
| 10.6 |
Your Card does not guarantee cheque transactions outside the British Isles. |
| |
|
| 11 |
Care of your Card(s) |
| |
|
| |
You must sign any Card(s) issued to you in permanent ink as soon as you receive it and take reasonable care to prevent your Card being
lost or stolen, or used by a third party. In particular:
- never let anyone else use your Card;
- keep your Card separate from your Cheque Book.
|
| |
|
| 12 |
Misuse of your Cheque Book(s) and/or Card(s) |
| |
|
| 12.1 |
You are not entitled to overdraw your Account unless we have agreed otherwise. |
| |
|
| 12.2 |
We reserve the right to apply a Fee (detailed in our Premier Current Account Tariff of Fees and Costs) for each occasion a guaranteed cheque is presented in excess of your available cleared balance. |
| |
|
| 12.3 |
The Society may suspend or cancel the Card and/or Cheque Book at any time without informing you if the Society believes that the Card and/or Cheque Book are being misused including use for any illegal purpose. |
| |
|
| 12.4 |
If someone other than you uses any Account Documents dishonestly, in circumstances where you have acted dishonestly or without reasonable care, and money is withdrawn from your Account, you will be liable for the withdrawal. |
| |
|
| 13 |
Loss or theft of your Account Documents |
| |
|
| 13.1 |
You should check your Account Documentation regularly. If you discover that an Account Document is missing or has been stolen you must tell us as soon as possible by contacting your local branch or our Customer Helpline. In the case of a lost or stolen Account Document you will be issued with a new Account Document after you have given such evidence of loss and proof of your identification as we may reasonably require and provided us with an indemnity or payment of a fee if we reasonably require this. |
| |
|
| 13.2 |
We will accept telephone notification of lost Account Documents but you must write to the Society to confirm your instructions. We may accept written notification of the loss or theft of your Card from a card registration bureau acting on your behalf. |
| |
|
| 13.3 |
We will not order any replacement Account Documents until we have received your written confirmation that the Account Documents have been lost or stolen, and if any Account Documents are recovered, you will immediately return them to the Society. |
| |
|
| 13.4 |
Providing you have acted in good faith and advised the Society immediately of the loss of any Account Documents, or failure to receive new Account Documents, your liability for financial loss in respect of transactions and interest is limited to £50. You may have to pay more than £50 if you have acted fraudulently or without reasonable care. The financial liability of the Society will be limited to the amounts deducted from your Account which should not have been. |
| |
|
| 13.5 |
We may give the police or any other prosecuting authority any information we consider relevant. |
| |
|
| 13.6 |
In the case of any disputed cheque transaction, the burden of proving fraud or that you acted without reasonable care, or that the Account Documents have been received by you, will lie with us. In such cases, we shall expect you to co-operate with us in our investigations. |
| |
|
| 13.7 |
Do not use any Account Documents once they have been reported lost or stolen. If you had a Card, you should cut your Card in half if it is subsequently found. If you do use your Account Documents then the Society may withdraw the relevant funds from your Account notwithstanding that you have agreed not to use it. |
| |
|
| 14 |
Overdrawn Accounts |
| |
|
| 14.1 |
Unless you have requested an overdraft facility in connection with your Account and we have granted one to you, you are not entitled to overdraw your Account. |
| |
|
| 14.2 |
If your Account becomes overdrawn, we will charge a Fee. The Fees applicable to authorised and unauthorised overdrafts are set out
in our Premier Current Account Tariff of Fees and Costs. |
| |
|
| 14.3 |
If your Account becomes overdrawn, we will apply an overdraft interest rate. The overdraft interest rates applicable to authorised and unauthorised overdrafts are set out in our Premier Current Account Tariff of Fees and Costs. |
| |
|
| 15 |
Statements |
| |
|
| 15.1 |
We will issue you with a statement at least once a year or monthly where there has been a transaction in the previous month (except where the Account is a Passbook type account). A Fee may be charged for duplicate requests. |
| |
|
| 15.2 |
You must check your statement regularly and tell us as soon as possible of any disputed entry. |
| |
|
| 16 |
Fees and Costs |
| |
|
| 16.1 |
The Society will not charge for normal use of cheques, Direct Debits, standing orders or bank transfers debited to the Account where the Account remains in credit after the relevant amount is debited. However, the Society reserves the right to apply Fees and Costs, if the Society provides other services to you in connection with your Account, or if you do not comply with these conditions, or if your Account does not remain in credit after the relevant amount is debited. |
| |
|
| 16.2 |
- Where we charge a Fee because you ask us to provide a document or service in connection with the Account, whether to you
or anyone else and the amount of the Fee is set out in our Premier Current Account Tariff of Fees and Costs, it may only be changed in accordance with conditions 16.5, 16.6 and 16.7. Examples of activities we may charge a Fee for under this condition include (but are not limited to):
- copy documents (including duplicate statements, cheques etc);
- telegraphic transfers (CHAPs payments);
- cheques credited to your Account which are unpaid;
- transfers of funds to cover cash withdrawals, cheques, Direct Debits and standing orders where there are insufficient available funds;
- authorised overdrafts;
- unauthorised overdrafts;
- unauthorised overdrafts resulting from the misuse of the Card and/or Cheque Book;
- stopped cheques.
- Where we incur a Cost because you fail to fulfil an obligation you have under these conditions, you must pay us all reasonable Costs which we reasonably incur as a result of your failure. Where we have made a genuine pre-estimate of the expenses we are likely to incur, the amount of the Costs we will charge is set out in our Premier Current Account Tariff of Fees and Costs and may only be changed in accordance with conditions 16.5, 16.6 and 16.7. Examples of activities we may charge for under this Condition include (but are not limited to):
- cheques drawn on your Account which are unpaid;
- unpaid Direct Debits;
- unpaid standing orders;
- a management charge for reviewing your Account and communicating with you regarding the operation of your Account
outside the agreed Account conditions.
|
| |
|
| 16.3 |
Where a Fee is not set out in our Premier Current Account Tariff of Fees and Costs, we will tell you the Fee for any other service or product before we provide that service or product and at any time you ask. |
| |
|
| 16.4 |
Before we debit an authorised or unauthorised monthly overdraft Fee, or debit interest on authorised or unauthorised overdrawn balances to your Account, we will give you at least 14 days notice of how much we will debit. |
| |
|
| 16.5 |
We can at any time vary the Fees or Costs set out in our Premier Current Account Tariff of Fees and Costs if it is to your advantage (for example if we reduce or abolish any Fee or Cost) or we can at any time vary or add to the Fees or Costs set out in our Premier Current Account Tariff of Fees and Costs for any one or more of the following reasons (which may relate to circumstances existing at the time or those which we reasonably expect to apply in the near future):
- to respond, in a proportionate manner, to changes in the expenses which we reasonably incur in carrying out the relevant activities;
- to respond, in a proportionate manner, to changes in technology or general practice in the personal savings market;
- to respond, in a proportionate manner, to changes we may reasonably make in the activities we carry out or to carry out new activities;
- to respond, in a proportionate manner, to changes in the law or the interpretation of the law, decisions or recommendations of an Ombudsman, regulator or similar person, or any code of practice with which we intend to comply;
- to enable us to harmonise, in a reasonable manner, the Fees and Costs concerned following any acquisition or transfer of deposit or savings accounts or any takeover of, or merger with, another deposit taker or savings provider;
- to correct an error, if it is reasonable to do so;
- to enable us to maintain our financial strength in the interests of all our customers;
- to respond, in a proportionate manner, to increases in inflation;
- if we have not previously charged, or charged the full cost, for any activity or service, to reflect the costs which we reasonably incur in carrying out the activity or service.
|
| |
|
| 16.6 |
Whenever we increase an existing Fee or Cost or introduce a new Fee or Cost for any reason mentioned in condition 16.5, we will give you individual notice at least 30 days before the change is to take effect. However, we may make a change which is to your advantage immediately and tell you about it later. |
| |
|
| 16.7 |
We may also increase or add to the Fees or Costs set out in our Premier Current Account Tariff of Fees and Costs at any time, for any valid reason (not being a reason mentioned in condition 15.5). If we do so:
- we will give you individual notice at least 30 days before the change is to take effect;
- we will tell you that the change is made under this condition 16.7 in the notice we send you; and
- if we require you to give notice before making a withdrawal or restrict the amount you may withdraw and/or number of withdrawals
you may make in any period, then from the date you receive notice of the change you will have a minimum of 30 days or if greater, a period of time equal to your notice period, to close your Account without notice or without loss of interest and without paying any Fees and/or Costs for withdrawal which would otherwise be due.
|
| |
|
| 17 |
Changes to Conditions |
| |
|
| 17.1 |
We can change the interest rate to be paid on your Account at any time if we reasonably believe that the change is to your advantage or is needed for any one or more of the following reasons (which may relate to circumstances existing at the time or those which are expected to apply in the near future):
- to respond, in a proportionate manner, to changes in the Bank of England repo rate (base rate) or changes generally in the interest rates offered by our competitors in the personal savings market;
- to enable us to maintain the competitiveness of interest rates charged to our borrowers or paid to the providers of funds to us, while having regard to the interests of our investors, in the interest of our business as a whole;
- to manage margins between interest rates charged to our borrowers and interest rates paid to our investors or the providers of funds to us, in the interests of our business as a whole;
- to respond, in a proportionate manner, to any increase or reduction in costs reasonably incurred by the Society in operating its personal savings business;
• to enable us to maintain our financial strength in the interests of all our customers;
- to enable us to harmonise, in a reasonable manner, the interest rates being paid to investors following any acquisition or transfer of deposit or savings accounts or any takeover of, or merger with another savings provider or deposit taker; and
- to respond, in a proportionate manner, to changes in the law or the interpretation of the law, decisions or recommendations of an Ombudsman, regulator or similar person, or any code of practice with which we intend to comply.
|
| |
|
| 17.2 |
We will notify you of any change under condition 17.1 either by:
- notice to you individually within 30 days of the change taking effect; or
- a general notice displayed in our branches and on our website, and by advertisement in two national newspapers (selected at our discretion from The Times, The Telegraph and The Daily Mail) within 3 Working Days of the change taking effect. For postal or internet Accounts details of changes will be given to you by individual notice within 30 days of the change taking effect.
|
| |
|
| 17.3 |
We may also change the interest rate to be paid at any time for any valid reason (not being a valid reason mentioned in condition 17.1). If we do so:
- we will give you individual notice of the change before, or as soon as reasonably practicable after, such change is to take effect;
- we will tell you that the change is made under this condition 17.3 in the notice we send you; and
- if we require you to give notice before making a withdrawal or restrict the amount you may withdraw and/or number of withdrawals you may make in any period, then from the date you receive notice of the change you will have a minimum of 60 days, or if greater, a period of time equal to your notice period, to close your Account without notice or without loss of interest and without paying any Fees and/or Costs for withdrawal which would otherwise be due.
|
| |
|
| 17.4 |
Any notice of an interest rate change under this condition 17 will clearly state the previous and new interest rate. |
| |
|
| 17.5 |
We may vary these conditions (other than in respect of changes to interest rates or Fees and Costs) at any time for any of the following reasons:
- to respond, in a proportionate manner, to changes in the products or services we provide or the way we provide these;
- to respond, in a proportionate manner, to changes in technology or general practice in the personal savings market;
- to respond, in a proportionate manner, to changes in the law or the interpretation of the law, decisions or recommendations of an Ombudsman, regulator or similar person, or any code of practice with which we intend to comply;
- to correct errors, if it is reasonable to do so;
- if we reasonably believe the change is necessary in the interests of our business as a whole;
- if the change is to your advantage.
|
| |
|
| 17.6 |
Unless we consider any variation under condition 17.5 is to your disadvantage, we may make the change immediately and may notify you individually within 30 days of the change becoming effective. |
| |
|
| 17.7 |
We will give you individual notice of any change under condition 17.5 which we consider is to your disadvantage at least 30 days before the change becomes effective. If we require you to give notice before making a withdrawal or restrict the amount you may withdraw and/or number of withdrawals you may make in any period, then from the date you receive notice of the change you will have a minimum of 60 days, or if greater, a period of time equal to your notice period, to close your Account without notice or without loss of interest and without paying any Fees and/or Costs for withdrawal which would otherwise be due. |
| |
|
| 17.8 |
We may also vary these conditions (other than in respect of changes to interest rates or Fees and Costs) at any time for any valid reason (not being a valid reason mentioned in condition 17.5). If we do so:
- we will give you individual notice at least 30 days before the change is to take effect;
- we will tell you that the change is made under this condition 17.8 in the notice we send you; and
- if we require you to give notice before making a withdrawal or restrict the amount you may withdraw and/or number of withdrawals you may make in any period, then from the date you receive notice of the change you will have a minimum of 60 days, or, if greater,a period of time equal to your notice period, to close your Account without notice and without loss of interest and without paying any Fees and/or Costs for withdrawal which would otherwise be due.
|
| |
|
| 17.9 |
If there is a major change or a number of minor changes in any one year we will send you a revised copy of these conditions. |
|