1 Virgin Current Account Terms and Conditions July 2015
2 Contents 1. Opening your account 2. Payments into your account 3. Taking money out of your account 4. Contact 5. Keeping us informed 6. Keeping you informed 7. Operating your account 8. Interest 9. Tax 10. Charges 11. Overdraft facilities including Buffer 12. Joint accounts 13. Changes to the Terms and Conditions, charges and interest rates 14. Safeguarding your details and cards 15. Events which may affect your account 16. Confidentiality and Data Protection 17. Closing your account 18. Your Liability 19. Our Liability 20. Set off 21. General 22. Complaints Introduction These terms and conditions, together with the key product information sheet and any other documentation we may issue you pursuant to these terms and conditions, explain the entire rights and obligations of you and us regarding your account. If there is an inconsistency between these terms and conditions and anything contained in the key product information sheet, the latter will take priority. These terms and conditions will remain in force until your account is closed. We will provide you with further copies of these terms and conditions and the key product information sheet upon request. Where a term used in these terms and conditions has a particular meaning that is explained in the section headed Meanings. Alternative Format If you require this in an alternative format such as Braille, large print, audio or require interpreter services, please call our Disability Awareness Team on Lines are open 9am to 5pm business days and are charged at your service provider s prevailing rate. Alternatively our text phone number is or you can contact us at: Meanings In these terms and conditions: account means your Current Account with us; ATM means Automated Teller Machine (a cash machine); BACS means Bankers Automated Clearing Service; Bank of England Base Rate means the Bank of England official dealing rate (the Official Bank Rate) as set by the Monetary Policy Committee; Buffer means a contractual waiver of any applicable interest charges and/or service fees as described in condition 11.6; business day means Monday to Friday excluding Bank Holidays; CHAPS means Clearing House Automated Payment Systems; electronic payment means any funds transfer to another UK bank or building society by CHAPS or FPS. FPS means Faster Payments Service; our registered office or our Main Office means Virgin Money, Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL; personalised security feature means any security feature relating to your account that is specific to you such as your PIN; PIN means your Personal Identification Number; key product information sheet means the leaflet we issue setting out specific features of your account; you and the account holder(s) means the person(s) in whose name(s) the account is stated to be held; your correspondence address means the address which we hold for the first named account holder; we, us, or our, means Virgin Money plc and includes our successors and assigns. Words and expressions in the singular shall, where applicable, include the plural and the reverse shall also apply. Terms and Conditions 1. Opening your account 1.1 An account can be opened for the personal use of any permanent UK resident from 16 years of age but cannot be opened if: it is to be operated for business purposes or for a club or association; your address is care of or not within the UK;
3 a prospective account holder is not resident in the UK for tax purposes; the sums are held in trust or settlement; or the applicant does not meet any other specific requirements for the account as explained in the key product information sheet. 1.2 We may also decline your application to open an account. 1.3 The account may be operated by Power of Attorney, however, not all services will be available. 1.4 For security reasons, if you would like to invest 1 million or over in your account it must be opened and operated by post via our Main Office. 1.5 If you tell us you are not happy with your choice of account within 14 days of opening it we will help you switch accounts or we will return all your money with interest. Any usual notice period and additional charges will not apply (unless you choose a CHAPS transfer please refer to condition 10 for details). For further information please contact your local Store or our Main Office. 1.6 If you want to transfer your current account with another provider to us, we will tell you how the process will work and who is responsible for each step in the process. Once your account is approved, we will give you what you need to operate the account within 10 business days of your request. 1.7 Not all of our Stores can offer a full banking service. Any facility which is not available, excluding cash deposits and general cash transactions, can be processed at our Main Office. 2. Payments into your account 2.1 All payments into your account must be in Sterling. 2.2 How to pay into your account You can make deposits into your account by: cash via our Store network or at any Post Office branches (up to 5,000 cash per day but some smaller branches have a 1,000 paying in limit); cheque; transfer from another account with us (subject to any restrictions on the terms and conditions applying to that account); BACS; electronic payment from another bank or building society; standing order (subject to the terms and conditions of the other account); or Bank Giro credits. 2.3 Additional conditions applying to payments into your account by cheque: You can pay cheques into your account through our Stores or you can post cheques to us at our Main Office We do not accept or issue post-dated cheques. If, however, you send a post-dated cheque and it is processed by us for any reason, we will not be liable to you for any costs incurred in its collection If a cheque you have deposited is returned unpaid, the amount of the cheque will be debited from your account. You will not earn interest on this deposit and the cheque will be returned to you and will only be re-presented with your authority Cheques must be made payable to Virgin Money plc for the Account of (insert account holder(s) name(s)) and crossed A/c Payee only. Please include your account number where applicable on the reverse of the cheque. By including this information it will help to prevent fraud, especially if you are sending a cheque through the post. You should also draw a line through any unused spaces We will only accept and deposit cheques that are less than six months old. If a cheque you have presented is older than this it will not be credited to your account and will be returned to you. If, however, we do process such a cheque for any reason we will not be liable for any costs incurred in its collection Banking of cheques for payment will at all times be subject to the rules and clearing processes of any cheque clearing systems we use Where you pay a cheque into your account before 3pm on a business day, it will be processed on the day of receipt. If a cheque is received by us after 3pm or on a non-business day, it will not be processed until the next business day. Please be aware of the following: The money will be available for withdrawal on the fourth business day after we process the cheque. The money is yours by the end of the sixth business day after we process the cheque, from which point the money cannot be taken from you without your agreement unless you are a knowing party to fraud. If a cheque is paid into your account by someone who has recently switched their bank account, it could take up to an extra two days to clear if the cheque came from their old account. Please see condition 8.6 for more information. 2
4 2.3.8 Unless the Key product information sheet states otherwise, you may deposit cheques drawn against a bank with an address outside the UK. Such cheques will not be credited to your account until the cheque has been processed and the funds actually received by us. The amount credited will be the actual amount received by us after any conversion costs. This process can take a number of weeks before the funds are available for withdrawal. 2.4 Additional conditions applying to Bank Giro credits into your account: Bank Giro credits will be available for withdrawal within two business days of receipt if received before 1pm on a business day. If, however, a Bank Giro credit is received by us after 1pm or on a nonbusiness day, it will not be processed until the next business day. 2.5 Additional conditions applying to cash payments into your account: If you pay cash into your account at a Store before 3pm on a business day, you can withdraw it straightaway as cleared funds. If it is paid in on a non-business day or after 3pm on a business day, it will be credited to your account immediately, but it will not be available to withdraw as cleared funds until the next business day. If you withdraw it before it has cleared, this could take your account overdrawn and you could be charged. 2.6 Additional conditions applying to payments into your account from another account with us: Where you transfer money into your account from another account with us it will be available for immediate withdrawal on the same business day (or the next business day if the instruction is received after 3pm). 2.7 Additional conditions applying to payments into your account from an account with another provider Where you transfer money into your account from an account with another provider it will be credited to your account and made available for immediate withdrawal on the business day it is received by us. 2.8 Please note that payments in the UK are processed using sort code and account number, and not name. Therefore, it is essential that these details are given correctly. Similarly if you are expecting a payment from someone else direct to your account, it is important that you give them the correct information. If these details are given incorrectly it may result in the payment being delayed, misapplied or returned to the payer. 3. Taking money out of your account 3.1 You can only take money out of your account if you have sufficient cleared funds in it (or subject to the limit of any arranged overdraft facility). Some transactions from accounts including cheques, standing orders and direct debits are processed overnight and debited to your account at the start of the next business day. Sufficient cleared funds must be available in your account no later than 2pm on the day the payment is due to leave your account to make sure there is enough money to make the payment. 3.2 You can take money out of your account by: cash via our Store network or at any Post Office branch; issuing a personal cheque; standing order or direct debit; debit card; electronic payment to another UK bank or building society; transfer to another account with us (subject to the terms and conditions of that account); or using an ATM but not by: BACS; giving us instructions by , facsimile or where we are provided with only a copy of your instructions; postal order; giving us an instruction to send money abroad; or by giving us instructions through a third party other than a registered trustee (unless permitted by condition 15.3). 3.3 When you make a withdrawal we will, at your request, inform you of: (a) the maximum time it takes us to effect the withdrawal; and (b) a breakdown of any charges payable by you for that withdrawal. 3.4 Additional conditions: Cash withdrawals at Stores and Post Office branches Withdrawals will be debited on the same business day. You will need to provide suitable identification. Withdrawals of up to 2,000 in cash on any one day can be made at any of our Stores. By prior arrangement larger cash withdrawals may be made available. You can also withdraw an additional 250 per day over the counter at over 11,000 Post Office branches nationwide using your debit card.
5 3.4.2 Withdrawals with Electronic Payments (CHAPS & FPS) All electronic payments are processed at our Main Office. You cannot cancel or amend instructions to send an electronic payment once given unless you do so at least one business day before the payment is due to be made. We may contact you by telephone following receipt of instructions to send an electronic payment to confirm security details prior to releasing the payment. We may not release the payment to a third party or to any nominated account until we have obtained such confirmation from you. We may not be able to send your payment if your recipient bank is not able to accept payments sent by FPS, please see condition 3.5. If possible, we will send your payments by FPS (up to a maximum of 100,000 or 10,000 by phone) which means that we will debit your account the same day or any future date for which you authorised the transfer. The payment should reach your nominated account within a few hours but no later than the end of the next business day. If you request a CHAPS transfer and we receive your authority and full instructions before 1pm on a business day, we will send your payment and debit the account the same day (or on any future date for which you authorised payment if relevant). CHAPS payments can be made from 250 up to your account balance and should reach your receiving bank by close of business on the same business day they are sent. Instructions received after 1pm or on a non-business day will be processed the next business day. CHAPS is a service that we make a charge for, please refer to condition 10 for further details Cheque withdrawals If you are provided with a cheque book facility you may issue cheques up to your cleared balance or agreed overdraft limit. Cheques may be paid even though they contain some irregularity. You should not post-date cheques. If you do issue post-dated cheques we may treat them as dated on the day of presentation. You may request us to stop payment of a cheque you have issued (for which there may be a charge. Please see condition 10 for further information). To do this you must supply us with your authority before the cheque has been presented and cleared for payment. We reserve the right to withdraw the facility for you to issue cheques on your account Transfer to another Virgin Money account You can authorise us to transfer funds to another account with us. Such requests must be in writing and will be processed as cleared funds and available in the receiving account on the same business day (or the next business day if we receive authorisation after 3pm) Debit Card If you are issued with a debit card it will provide ATM and debit card facilities. Your debit card remains our property and must be returned if we ask for it. You may use ATM facilities outside the UK provided they display the VISA badge. Such withdrawals attract a charge and the rate of exchange used is determined by VISA on the date that the debit is presented to them. This date may not be the same date that the withdrawal is made. Please see condition 10.5 for further information. If your card states valid only in the UK you may not use it for any transactions or ATM facilities outside the UK. Repeated use of a wrong PIN or a technical failure of an ATM may cause your card to be retained. We will ensure that the card is returned as quickly as possible or that a replacement is ordered. We will bear proven losses if the fault has occurred in the ATM, unless the fault was obvious or advised by a notice displayed on the machine or caused by events beyond our reasonable control. You may only use your debit card and ATM facilities to the extent you have cleared funds in your account (and up to any agreed overdraft limit). You can make withdrawals at an ATM up to a maximum of 250 each day. Payments by debit card which have been correctly authorised under these terms and conditions may only be stopped if we have reasonable concerns about: (a) the security of the card; or (b) suspected fraudulent or unauthorised use of the card. 4
6 We may cancel your debit card without giving prior notice for reasons of security or to prevent fraud. We will, however, notify you in writing as soon as possible giving the reasons for the cancellation (where it is appropriate to do so). See also condition 3.5 below Standing order or direct debit withdrawals If possible, we will send your standing order payments by FPS which means we will debit your account the same day or any future date for which you authorised the payment (if relevant). The initial payment should reach the recipient bank within a few hours but no later than the end of the next business day. You can provide a third party with the authority to debit your account by use of a direct debit. The Direct Debit Scheme provides a guarantee for your protection that in the event of any error you are entitled to an immediate refund. See also condition If you wish to amend or cancel either a standing order or direct debit you must provide us (and the payee in the case of direct debits) with your authority at least one business day before the transaction is due to take place. We may not be able to send your payment if your recipient bank is not able to accept payments sent by FPS, please see condition Continuous payment authorities A continuous payment authority is a regular payment (other than a direct debit or standing order) collected from your card by an originator in line with your instructions. Continuous payment authorities are not covered by the direct debit guarantee. If your card is lost, stolen or damaged, you must arrange to update the originator with your replacement card details. To cancel a continuous payment authority you must provide us with your authority at least one business day before the transaction is due to take place. We recommend also that you contact the originator and that you keep proof of cancellation. It may not be possible to cancel payments if you do not give us or the originator enough notice of your decision to cancel. 3.5 Refusal If we refuse to carry out a payment instruction from you (such as stopping a payment on your account) we will notify you in writing as soon as possible giving the reasons for our refusal (where it is lawful and appropriate to do so) and the procedure for rectifying any factual errors that led to the refusal. You will receive notification in any event (where it is lawful and appropriate to do so) by the time your payment should have reached the recipient bank. Please also see condition 7.5 for further information. 4. Contact 4.1 We will only send notices, communications and personalised security features to you at your correspondence address. 4.2 You will be taken to have received any letters or other personal notices 72 hours after we have posted them to you. 4.3 If you do not make any transactions, enquiries or changes to your account within any thirteen month period, it may become inactive. Where your account is inactive we may cancel any card. You may be asked for evidence of your identity when you attempt to use an inactive account. If correspondence is returned to us undelivered, we will flag your account so that no further mail is sent to you until you contact us and we have confirmation of your address. These measures are for security and to protect you and your funds. 5. Keeping us informed 5.1 If your correspondence address or telephone number changes, you must tell us as soon as possible. 5.2 If the name of any account holder changes, you must tell us the change of name and provide documentary evidence (e.g. original or certified copy of a marriage certificate) before we amend our records. 5.3 If the account is held in your sole name, you cannot change the account to another sole account holder. The account must be closed and a new account opened in the name of the new account holder. 6. Keeping you informed 6.1 We will provide you with regular statements showing information relating to your account and enabling you to identify individual transactions on, and changes to it. Statements will be issued at least quarterly and may be more frequent depending on the transactions on the account. 6.2 Your statements will include (among other information): (a) the dates and amounts of any transactions on your account; (b) any charges on such transaction together with a breakdown (where appropriate);
7 (c) a reference enabling you to identify each transaction made electronically and the payer or payee as applicable (subject to the information being supplied to us). 6.3 Where a transaction has been made on your account in a currency other than Sterling (for example, where you have used your debit card abroad), your statement will include details of the amount of the transaction in the relevant currency and the exchange rate used in converting this amount to Sterling or details of how you can request this information from us. 6.4 You should check your statement carefully. If you think there is something wrong you should let us know immediately so that we can correct any mistakes. 6.5 You can also check your balance at most ATMs, in Store, and at all Post Office branches, or by calling us. You can also view your balance and transaction history online at myvirginmoney.com 6.6 We participate in the unclaimed assets scheme established under the Dormant Bank and Building Society Accounts Act This means if there has been no activity on your account, or we have received no contact from you regarding your account for at least the previous 15 years, we will close your account in accordance with condition 17.3 and transfer the balance plus any accrued interest to the reclaim fund. You retain the right to reclaim your money at all times, please contact us for further information. 7. Operating your account 7.1 Postal Services We aim to deal with all deposit and withdrawal transactions within one business day, but we cannot guarantee this. 7.2 Debit Card Full details of the operation of your debit card will be supplied with your new card. Your card can be used to make payments at some retail outlets without the need to write out a cheque. Authorisation of the payment is made electronically. If the system of authorisation is not available at the time you make your payment it may not be possible for the authorisation to be issued. In such event we are not responsible for any costs incurred by you due to the non-authorisation of the payment. You must not use the account for gambling or gaming in a jurisdiction where it is illegal or for any other illegal purpose. 7.3 Third parties We are not obliged to recognise the interest or claim of any person other than you in respect of money held in your account. We will not be liable in any way for not recognising such an interest or claim except as and when required by law. 7.4 References We do not normally provide references about you to a third party. 7.5 Refusal of instructions We will refuse to act on an instruction if for any reason we believe (for example): It was not given by you; It was not clear; The sort code is invalid for the payment method; It might cause us to break the law (such as where we have a reasonable suspicion that the funds are the proceeds of crime) or a contractual duty; or Your account is being used for an illegal purpose. 8. Interest 8.1 Interest is calculated daily and adjusted automatically as the balance in your account changes. We will calculate interest on the cleared funds in your account at the end of each business day. 8.2 Interest is paid monthly and added to your account on the 27th of each month or the next business day if the 27th is not a business day. 8.3 For joint accounts, interest can be paid part net/ part gross, so if you do not pay tax you can still claim gross interest on your equal share (see condition 9 below). 8.4 Cash paid into your account will earn interest from the day of receipt. 8.5 Deposits by BACS, CHAPS, FPS and Bank Giro earn interest from the day we receive them. 8.6 Cheques paid into your account (other than those drawn on a bank with an address outside the UK) will start to earn interest two business days after we process them. Please note, however, that the periods for cheques to clear are explained in condition 2.3. If a cheque does not clear please see condition We will provide a full explanation of how we work out interest on request. 6
8 9. Tax 9.1 Where required by law we will pay interest net of income tax at the basic rate unless you are eligible for, and have applied to us to receive, gross interest. Each account holder must then complete a separate registration form for each account they hold. 9.2 Tax Certificates are not issued automatically. However, once you have requested and received a Tax Certificate we will also provide further certificates in April each subsequent year that the account remains open, and for closed accounts in the tax year the account is closed. 10. Charges 10.1 We may make charges on your account and these may be debited from your account. These may include charges for our costs in looking after your account when it is in credit and charges for any services or facilities we make available to you We may make charges for some standard services that we provide to you. Charges will only be made for these services as and when provided. Fees for these services are charged irrespective of the balance on your account and will be charged immediately by deducting them from your account. We may refuse to provide you with any such service if you do not have sufficient funds to cover the charge(s). These charges are detailed below: Service Charge CHAPS transfer 30 per transfer Request to stop a cheque 10 per cheque Copy cheques 5 per cheque Copy statements minimum charge 10 per statement Cheques, Standing Orders and 10 per item Direct Debits not paid due to lack of funds in the account Internal transfers not paid due No charge to lack of funds in the account 10.3 We are not obliged to provide you with any nonstandard services; however, if we do provide you with such a service, we may make a reasonable charge for it. We will tell you the amount of our charge before we act on your instructions Cash withdrawals from an ATM within the UK will usually be free of charge providing it displays a Link symbol. However, if you use an ATM that is not a Virgin Money machine you may incur a transaction fee; you will be advised of this on-screen at the time If you make a cash withdrawal at an ATM outside the UK with a Visa or Plus symbol, you will be charged 1.50 when the withdrawal is debited. The rate of exchange used is determined by VISA on the date that the debit is presented to them. Not all of our debit cards have this facility. 11. Overdraft facilities including Buffer 11.1 Overdraft facilities may be made available to you on request and we will confirm the terms of any overdraft in writing. We are not obliged to provide you with an overdraft and if your request is declined, we will explain the reason why upon request The arranged overdraft rate is currently 11.9% APR The unarranged overdraft rate is currently 18.9% APR Overdraft service fees: Arranged overdraft 10 per charging period (plus interest on overdraft charged at the rate detailed in condition 11.2). Unarranged overdraft 25 per charging period (plus interest on overdraft charged at the rate detailed in condition 11.3) The charging period is the 28th of each month to the 27th of the next month. Any overdraft or debit interest charges incurred during a charging period will be debited from your account on the 21st of the following month or the next business day if the 21st is not a business day For Direct Debits, standing orders and cheques we will not charge you any interest and service fees on an unarranged overdraft if the amount you have overdrawn without our authorisation is 20 or less and your account is returned to credit within one month of going overdrawn. If you are overdrawn without our authorisation by more than 20, interest and service fees will be charged in accordance with condition 11.3 and condition An unarranged overdraft is immediately repayable by you on demand.
9 11.8 All overdraft applications will be subject to qualifying criteria before an overdraft can be agreed. In order to assess your suitability, we may share your personal information and obtain information about you from a licensed credit reference agency or fraud prevention agencies. This may include details of any previous or subsequent names Any overdraft that is agreed will be repayable on demand You must keep your account in credit or within any agreed overdraft limit. Should we allow your account to become overdrawn above any agreed limit this does not constitute agreement to a new limit A failure to repay, in whole or in part, an unarranged overdraft may be registered on your credit file with a credit reference agency and may affect your ability to obtain credit in the future. 12. Joint accounts 12.1 Where more than one person applies for the account: we may act on instructions given by any one of you, unless one of you has advised us not to, in which case we will only act upon the written instructions of all joint account holders; each of you, both jointly and severally, are bound by the terms and conditions of your account and are fully responsible for any money which may become due to us under them; we will post all letters, statements and other material relating to your account to you at your correspondence address. All joint account holders will be bound by the contents of these; you may in the future wish to request your account to be changed from a joint account to a sole account or to change one of the account holders. In that event we may insist upon the account being closed with the authority of all joint account holders and a new account being opened in the name of the new sole or joint account holder(s); if the account is held in your sole name, you can add further account holders, providing they supply the relevant identification, subject to the maximum number of account holders allowed on a particular account Breakdown of relationship between joint account holders: If you advise us (or we become aware) of a dispute between you, we may require all future instructions to be in writing from all of you. 13. Changes to the terms and conditions, charges and interest rates 13.1 Terms and conditions. We may change the terms and conditions of your account (other than those relating to changes in interest rates and charges, which are dealt with in conditions and respectively below) for any one or more of these reasons: to improve efficiency (which may include reducing costs), to take account of changes in technology and to reflect changes that we reasonably make in the way we look after your account or in the way we offer savings services and facilities to our customers generally; because our administrative costs and charges have increased or reduced or we reasonably believe they are likely to do so; so that we can meet the requirements of our regulator; to reflect any change in the law or decision by an Ombudsman, codes of practice or regulatory guidance or change in the regulatory system governing us; to make the terms and conditions easier to understand and to correct errors; to allow us to harmonise the terms and conditions should we acquire the accounts of or take over or merge with another provider; if it is necessary for us to make changes to maintain our financial stability We will notify you in writing of these changes at least two months before they take effect. At the expiry of this period you will be deemed to have accepted the changes and in the meantime you will be free to close your account immediately without charge Interest rates We may increase the credit interest rates on your account or reduce an arranged or unarranged borrowing rate at any time. We may reduce a credit interest rate or increase an arranged or unarranged borrowing rate for any one or more of these reasons: because there has been a reduction in the Bank of England Base Rate (or any rate that replaces it) or in interest rates generally offered by other providers of current accounts with whom we compete; because we need to reduce the interest rate charged on our mortgages to attract and retain business from borrowers; 8
10 because our administrative costs and charges have increased or we reasonably believe they are likely to do so; so that we can meet the requirements of our regulator; to reflect any change in the law or decision by an Ombudsman, code of practice or regulatory guidance or change in the regulatory system governing us; to allow us to harmonise the interest rates we pay should we acquire the accounts of or take over or merge with another provider; if it is necessary for us to make changes to maintain our financial stability We will give you at least two months notice of the change, after the expiry of which period you will be deemed to have accepted the change. In the meantime, you will be free to close the account immediately without charge. To do this you will need to repay any overdrawn balance Changes to charges We may introduce new charges or increase existing charges because our administrative costs and charges for doing the work or providing the service concerned have increased or we reasonably believe they are likely to do so We may change the list of services or the stated service charges or fees in condition 10 and condition 11 from time to time. In exercising this power to change a service charge or fee we must comply with the following requirements: We will only increase a service charge or fee: (a) if we reasonably need to make the change in order to manage our business prudently and/ or reasonably profitably by responding to changes or expected changes in other costs which are outside our control and/or external circumstances affecting our business; (b) if we reasonably need to make the change in order to fund steps to maintain or improve our competitive position overall against other providers and/or our ability to attract and retain customers generally; (c) if our costs have increased and we reasonably decide to take the increase into consideration; (d) to reflect any change in the law or decision by an Ombudsman, code of practice or regulatory guidance or change in the regulatory system governing us; (e) to allow us to harmonise the service charges charged should we acquire the accounts of or take over or merge with another provider of accounts; (f) if it is necessary for us to make changes to maintain our financial stability We will write to advise you of any new charge or change in the level of charges or fees at least two months before they take effect. At the expiry of this period you will be deemed to have accepted the changes. In the meantime, you will be free to close the account immediately and without charge For a full list of cost related charges and service charges and fees, please refer to condition 10 and condition Any change we make for one or more of the reasons detailed in conditions we will so do in a reasonable and proportionate manner. 14. Safeguarding your details and cards 14.1 If you have a debit card you must sign it as soon as you receive it. You must not allow any other person to use your card. You must use any card we issue in accordance with these terms and conditions and take all reasonable steps to keep the card safe Any terms issued with your card form part of the terms and conditions of your account You must never tell anyone (including us) your PIN, passwords or any personalised security features or write them down in a way that is obvious to others. You should also take all reasonable steps to keep your card, card details, PIN, passwords and any personalised security features safe, including destroying anything we send you with your PIN details on it You must tell us as soon as possible by telephoning us if: you believe that someone else knows your card details, PIN, passwords or personalised security features; you believe that someone else (other than a joint account holder) is trying to use your account; your card has been lost or stolen and in the case of a stolen card you must also notify the police. Please see your key product information sheet for details of how to notify us. 9
11 15. Events which may affect your account 15.1 Moving abroad If you move abroad the account may be closed. This will be charge-free (unless you opt for a CHAPS transfer, where the usual charge as detailed in condition 10 will apply) Death of an account holder Joint account: if a joint account holder dies, the account will be transferred into the name of the survivor(s). Until documentary evidence of death is supplied to us the transfer cannot be completed. If there are no survivors, the money in the account will belong to the estate of the last survivor Sole account: If you die, your personal representative(s) will be noted on the account. Your personal representative(s) will subsequently be required to close your account upon completion of the necessary formalities Illness or incapacity: In circumstances where you are unable to operate your account due to a physical or mental illness or incapacity, we may, subject to such conditions, authorities and checks which we consider appropriate, allow the operation of your account (including withdrawals) by a third party following the completion of a third party mandate. 16. Confidentiality and Data Protection 16.1 We may record telephone calls with you, so that we have a record of the conversations. We may also listen to calls to help us monitor the quality of our service and for security and training purposes We will hold and process personal information about you by computer or otherwise. We will treat all such personal information as private and confidential other than in the following exceptional cases permitted by law: where we are required or legally compelled to disclose; if we believe that you may have tax obligations in other countries, we may disclose information about you directly to those tax authorities, or to HM Revenue & Customs, which may share the information with the other tax authorities; where there is a duty to the public to disclose; where our interests require disclosure. This will not be used as a reason for disclosing information about you or your accounts to anyone else, including other companies in our group for marketing purposes; or where disclosure is made at your request or with your consent Unless you object, you agree that we may provide the information we hold about you to other companies in our group of companies which may use it to give you details of their products and services. If you do not wish to receive details of promotions from us or these other companies please tell us at any time You have a legal right to apply for a copy of your personal records with us and to have any inaccuracies corrected and/or deleted. This should be done in writing and a small fee (currently 10) may be charged for this service. Further information is available via your local Store or our Main Office. 17. Closing your account 17.1 We may close your account if there are good commercial reasons for doing so. We will give you at least two months notice in writing unless conditions 17.2 or 17.3 apply We may close your account on 30 days written notice where your account has a nil balance We can close your account immediately and without notice if we have been unable to verify your identity or we reasonably believe that: you have been abusive or threatening to our staff; you are not eligible for the account; the security of the account has been compromised; you have given us false or incomplete information in connection with the account; your account is being or has been used illegally; you have been in serious or persistent breach of the terms and conditions of your account; your account has been identified as being dormant in accordance with condition Subject to condition 20, if we close your account we will repay the funds in the account (where applicable), together with all accrued interest, to you. Where your identity has not been verified, however, we will return the funds to the account from which we received them We may stop you making any transactions on your account temporarily without notice where we are required to do so by law or for any of the reasons referred to in condition 17.3 above. We may close your existing account and open a new one in appropriate circumstances, for example where the security of your existing account has been compromised. 10
12 17.6 If you decide to move your account to another provider we will: give them information on standing orders and direct debits within three business days of receiving their request to do this; close or move your account without charge when you ask us to do so If your account is closed and at our request: you must return any cheque book(s) and card(s) to us; you must notify us in writing that there will be no further cheque, cash or debit card transactions presented to the account; any debit balance you owe us by way of overdraft will become immediately repayable by you. 18. Your liability 18.1 Subject to the provisions of condition 18.2 you will be liable up to a maximum of 50 for any losses incurred in respect of unauthorised payment transactions arising: (a) from the use of a lost or stolen card; (b) where you have failed to keep any personalised security features of your card or account safe You will be liable for all losses incurred in respect of any unauthorised transaction on your account where you: (a) have acted fraudulently; or (b) have with intent or gross negligence failed to comply with these terms and conditions (including in particular condition 14) Except where you have acted fraudulently you are not liable for any losses incurred in respect of any unauthorised transactions on your account: (a) arising after you have notified us under condition 14.4; (b) where we have failed to provide appropriate means for you to notify us under condition 14.4; or (c) where your card has been used in connection with a distance contract under the Consumer Protection (Distance Selling) Regulations This applies where you are acting as a consumer and you buy goods or services from a seller under an organised scheme which involves no personal physical contact before sale such as by telephone or internet (but not by purchase in a Store). You will, however, be liable if the contract is an excepted contract under the Regulations. The following are excepted contracts: contracts for land/rental of property; contracts for financial services; contracts concluded through an automated vending machine or automated commercial premises; contracts concluded with a telecommunications operator through use of a public pay phone; contracts concluded at an auction. 19. Our liability 19.1 Where a withdrawal on your account occurs which was not authorised in accordance with these terms and conditions we will refund the amount withdrawn and where applicable restore your account to the state it would have been had the transaction not occurred Where we have not correctly executed any payment instructions that you have given us in accordance with these terms and conditions we will refund the amount of the incorrectly executed transaction and restore the account to the condition it would have been in had the incorrect transaction not taken place. Where the transaction was correctly initiated by the recipient such as a valid direct debit and we can show the recipient s bank received the funds, the recipient will need to pursue its bank We will be liable to you for any charges or interest you incur as a consequence of any valid transaction which you have correctly instructed us to undertake under these terms and conditions where we do not execute or execute incorrectly We shall not be liable to you for any financial loss or damage you may suffer as a result of: our having acted upon your instruction or following receipt of any information from you; your security details having been disclosed to someone else (other than due to our having disclosed it); our services being unavailable through any cause beyond our reasonable control; your instructions being inaccurate, invalid, incomplete or incorrect.
13 19.5 We shall not be liable to you in any circumstances for any financial loss or damage that: does not arise directly from the matters for which we are responsible; is due to abnormal circumstances beyond our reasonable control the consequence of which would have been unavoidable despite all efforts to the contrary; arises from us complying with legal requirements (including compliance with money laundering regulations) In this condition 19 where we refer to things being beyond our reasonable control, this would include, but is not limited to, strikes, industrial action or the failure of equipment or power supplies If you wish to claim from us for the matters referred to in condition 19 you must notify us as soon as possible after becoming aware of any unauthorised or incorrect transaction and in any event no later than 13 months after the debit date. This time limit will not apply if we have failed to provide you with the relevant information about the transaction nor will it apply to claims made under the Direct Debit Guarantee Where there has been a payment out of your account initiated by the recipient of funds and: (a) the authorisation did not specify the exact amount; and (b) the amount exceeded the amount that you could reasonably have expected taking into account the transaction and all relevant circumstances, then you are entitled to a refund. You must request a refund within eight weeks of the date funds were debited and provide us with such information as we reasonably require to consider your request. 20. Set off We may use any credit balance on any account you have with us to reduce or repay any overdrawn balance or other undisputed amounts you owe us (including but not limited to any loan or mortgage balances or liability for any guarantees you have given us) either in your own name or jointly with anyone else. 21. General 21.1 If we waive any breach of these terms and conditions that shall not be considered to be a waiver of any subsequent breach These terms and conditions will be governed by the laws of England and Wales and any dispute which arises in relation to these terms and conditions shall be dealt with by any court in the United Kingdom which is able to hear the case These terms and conditions are written in English and all communication between us for the purposes of your account will be in English We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under Financial Services Register number Complaints 22.1 If you have a complaint, you should visit your local Store, telephone us or write to us as soon as possible so that we may investigate the circumstances. You can write with details of your complaint to the Customer Relations Team, Virgin Money, Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL or via to You can ask us for a copy of our Internal Complaints Procedure leaflet at any time If we cannot resolve the complaint to your satisfaction you have the right to refer your complaint to the Financial Ombudsman Service, which provides independent adjudication of complaints. Their address is Financial Ombudsman Service, Exchange Tower, London E14 9SR. them at: or call them on: Virgin Money plc - Registered in England and Wales (Company No ). Registered Office - Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Telephone: or Lines are open 8am to 8pm business days, 8am to 4pm Saturday and 10am to 3pm Sunday. Calls are charged at your service provider s prevailing rate and may be monitored and recorded. virginmoney.com VM3787V4 (valid from )
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