Savings Terms and Conditions
Contents 1. Opening your account 2. Payments into your account 3. Taking money out of your account 4. Notice periods 5. Contact 6. Keeping us informed 7. Keeping you informed 8. Operating your account 9. Interest 10. Tax 11. Charges 12. Changes to the terms and conditions, charges and interest rates 13. Joint accounts 14. Events which may affect your account 15. Confidentiality and Data Protection 16. Closing your account 17. Our liability 18. Your liability 19. Set off 20. General 21. Complaints Introduction These terms and conditions, together with the key product information sheet, 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. 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 it 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 0191 279 5300. Lines are open 9am to 5pm business days and are charged at your service provider s prevailing rate. Alternatively our text phone number is 0191 279 8505 or you can contact us at disability.awareness@virginmoney.com. Meanings In these terms and conditions: account means your savings account with us; 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; business day means Monday to Friday excluding Bank Holidays; CHAPS means Clearing House Automated Payment Systems; electronic transfer means any funds transfer by CHAPS, or FPS; fixed rate account means an account where interest is paid at a fixed rate for all of the term; FPS means Faster Payments Service; online account means an account which the key product information sheet states may be operated via our internet service; internet service means the service provided by us via the world wide web at our website virginmoney.com; ISA means an Individual Savings Account; key product information sheet means the specific leaflet for each product we offer setting out specific features of that product; nominated account means the bank account (if any) you nominate to receive certain payments from your account; non-payment account means an account which is not a payment account. This will be confirmed in the key product information sheet. Examples of non-payment accounts are fixed rate bonds and savings accounts with notice periods. If your account is a non-payment account slightly different provisions apply to notice periods for certain changes; notice period means any minimum period of days notice you must give for withdrawals or closure explained in the key product information sheet; our registered office or our Main Office means Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL; password means your personal password used to log into your account details (where applicable); payment account means an account which is described as a payment account in the key product information sheet. Examples of payment accounts are variable rate accounts with no notice periods which are generally used to make payment transactions; personalised security feature means any security feature relating to your account that is specific to you such as a password; reference rate account means an account where changes in the interest rate are based on a reference rate, for example the Bank of England Base Rate, as set out in the key product information sheet; secure message service means our internet message service on our website which is provided only to those customers registered to use our internet services; Store account means accounts which the key product information sheet states may be operated via our Stores. Not all of our Stores can offer a full banking service. Any facility which is not available, excluding cash deposits and 1
general cash transactions, can be processed at our Main Office; 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 Unless the key product information sheet provides otherwise an account 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; a prospective account holder is not resident in the UK for tax purposes; the sums are held in trust or settlement including will trusts. However, parents or guardians may open a simple parental trust account to hold sums for the benefit of any of their children (unless the account is an ISA or an online account); or the applicant does not meet the age requirement or any other specific requirements for that account as explained in the key product information sheet. 1.2 We may also decline your application to open an account. 1.3 Please note that some accounts, as described in the relevant key product information sheet, may only be opened and operated via our Main Office. 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. 2. Payments into your account 2.1 All payments into your account must be in Sterling. 2.2 How to pay into your account 2.2.1 Where your account permits, the initial and any subsequent deposit can be made into your account by: BACS; cash (Store accounts only. 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); cheque; electronic transfer; or transfer from another account with us (subject to any restrictions on the terms and conditions applying to that account). 2.3 Additional conditions applying to payments into your account by cheque 2.3.1 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. 2.3.2 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 represented with your authority. 2.3.3 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. 2.3.4 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. 2.3.5 Banking of cheques for payment will at all times be subject to the rules and clearing processes of any cheque clearing system(s) we use. 2.3.6 Where you pay a cheque into your account before 3pm on a business day, it will be processed on the day of receipt. If, however, a cheque is received by us after 3pm or on a non-business day, it will not be processed until the next business day. The money will be available for withdrawal on the fourth business day after we process the cheque. The standard clearing cycle for clearing banks is three business days but we are not a clearing bank. Please note you can only be certain 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 9.4 for further information. 2.3.7 Unless the key product information sheet provides otherwise, where you are allowed to make a payment into your account by cheque, you may deposit cheques with us drawn against a bank with an address 2
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 cash payments into your account 2.4.1 Where your account permits and you pay cash into your account at one of our Stores, it will be credited to your account and available for immediate withdrawal on the same business day (or the next business day if paid in after 3pm). 2.5 Additional conditions applying to payments into your account from another account with us 2.5.1 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 your instruction is received after 3pm). 2.6 Additional conditions applying to payments into your account from an account with another provider 2.6.1 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. 2.7 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. Withdrawals are subject to any minimum and maximum amounts set out in the key product information sheet. 3.2 You can authorise us to make payment by giving us instructions in writing or, for a limited number of account types, by telephone or online. Please see your key product information sheet for specific instructions. 3.3 Unless the key product information sheet states otherwise you can take money out of your account by: cash via our Store network; cheque via our Store network or by sending us your signed written instructions by post; electronic transfer; or transfer to another account with us (subject to the terms and conditions of that other account). But not by: BACS; giving us instructions by email, facsimile or where we are provided with only a copy of your instructions; postal order; standing order or direct debit instructions; giving us an instruction to send money abroad; or giving us instructions through a third party other than a registered trustee (unless permitted by condition 14.3). 3.4 To make withdrawals at Stores, you will need to provide suitable identification and, where relevant, present your passbook. 3.5 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. 3.6 Additional conditions: 3.6.1 Cash withdrawals Withdrawals will be debited on the same business day. You will need to provide suitable identification. Withdrawals of up to 2,000 in cash in any one day can be made at our Stores. At our discretion, and by prior arrangement, larger cash withdrawals may be made available. 3.6.2 Electronic transfers All electronic transfers will be processed at our Main Office. You cannot cancel instructions to send an electronic transfer 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 an instruction to send an electronic transfer 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. If possible, we will send your payments by FPS which means we will debit your account the same day or any future date for which you authorised the transfer (if relevant). The payment should 3
reach your nominated account within a few hours 3.7 Refusal but no later than the end of the next business day. Please see your key product information sheet for further details. We may not be able to send your payment if your nominated account is not able to accept payments sent by FPS, please see condition 3.7. 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 your account the same day or on any future date for which you authorised the payment (if relevant). CHAPS payments can be made from 250 up to your account balance 3.8 and should reach your nominated account 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. 4. CHAPS is a service that we make a charge for, please see condition 11 for details. 4.1 3.6.3 Cheque withdrawals Any cheque issued by post will be posted to your correspondence address only. Your account will be debited on the same business day the cheque is issued. Cheques are valid for a period of six months from the date on the cheque. We will not issue post-dated cheques. Where permitted cheque withdrawals for more than 500,000 can only be processed at our Main Office on a business day. 4.2 If a cheque withdrawn from your account is subsequently lost or stolen you must tell us as soon as possible. You may also need to provide documentary evidence that it has been lost by a 4.3 signed statement (an indemnity ) or police crime number if stolen. If a cheque is issued from an account and that 3.6.4 cheque is not used and is subsequently paid back into the account, no interest will be paid for the period from the date the cheque was issued to the date it was re-credited to the account. Transfer to another account with us Where your account permits, you can authorise us to transfer funds by giving us instructions in writing, or for a limited number of account types, by telephone. Such requests will be processed as cleared funds and available in the receiving account on the same 4.4 5. business day (or the next business day if we receive 5.1 authorisation after 3pm). 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. You may also contact us to find out why we have refused to carry out your payment instruction. Please also see condition 8.7 for further information. Minimum Balances If the balance in your account falls below the minimum set our prevailing basic savings rate will apply. Please refer to the key product information sheet for details. Notice periods Where an account specifies a notice period for withdrawals you must give us notice if you want to make a withdrawal or to close the account. You may incur a charge if you make withdrawals or close the account without providing the notice as detailed in the key product information sheet. Any such charge will be offset against any accrued interest not yet paid. If there is insufficient accrued interest any outstanding charge will be debited to your account, either when interest is paid or on closure, (whichever is earlier). If this causes the account to become overdrawn we will tell you and you will pay us the amount by which you are overdrawn. HM Revenue & Customs (HMRC) has advised us that when a charge is paid on closure (as referred to in condition 4.1) it is a loss of capital, not a reduction of interest. The notice you give us under condition 4.1 will be valid for up to 14 days after the notice period has expired. After this has passed if you want to make a withdrawal or close the account you must give us fresh notice, and the notice period will start again. Continuous notice is not permitted. The total amount of money you can have on notice at any one time must not exceed the current balance of your account. Please note that you must contact us again and give us separate instructions when you wish to make the withdrawal or close the account. Withdrawal or closure will not be automatically processed on the basis of the notice given under condition 4.1. Contact We will only send notices and communications to you at your correspondence address or via email if 4
you have an online account. We cannot accept 7.3 Where the account record is a passbook, we will requests to issue communications to an address update it at your request. You may do this at a Store that is not your correspondence address. or by sending it to our Main Office. 5.2 You will be taken to have received any letters or 7.4 other personal notices 72 hours after we have sent them to you. 5.3 With the exception of nil balance accounts (please see condition 16.2), if you do not make any transactions, enquiries or changes to your account within any three year period (or in the three years after maturity of a fixed rate account), it may become inactive. 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. 7.5 7.6 6. Keeping us informed 6.1 You must ensure that you provide us with accurate contact details, including correspondence address, email address (for online accounts) and telephone number. We will use your correspondence address or email address (for online accounts) to send you important and confidential information about your account. 6.2 If your correspondence address, email address (for 8. online accounts) or telephone number changes, you must tell us as soon as possible. 8.1 6.3 If you do not keep us up to date with any changes to your correspondence address, email address (for online accounts) and telephone number we will continue using the contact details you last gave us. We cannot be held responsible if we fail to contact 8.2 you or if we send confidential information to the wrong address using out of date details. 6.4 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. 6.5 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 8.3 opened in the name of the new account holder. 7. Keeping you informed 7.1 In accordance with our Savings Promise we will write to you at least once per year with details of our variable rate savings accounts and the interest rates that apply to them. 7.2 Your account record will either be in the form of a passbook, certificate or regular statement as advised in your key product information sheet. For online accounts your account record can be viewed online. 8.4 Your account records will show (among other information): (a) the dates and amounts of any transactions on your account; (b) any charges on such transactions with a breakdown (where appropriate); (c) a reference enabling you to identify each transaction made electronically and the payer or payee as applicable. The account records issued will show all amounts added to or taken from your account. You must check this record carefully. If you think there is something wrong, you must let us know immediately so that we can correct any mistakes. We participate in the unclaimed assets scheme established under the Dormant Bank and Building Society Accounts Act 2008. 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 16.3 and transfer the balance plus any accrued interest to the external fund. You retain the right to reclaim your money at all times, please contact us for further information. Operating your account Account documentation Any passbook or other account documentation issued to you is our property and must be returned to us upon request. All account documentation must only be used in accordance with these terms and conditions. Loss of account documentation If you are supplied with a passbook or other account documentation, or notified of any personalised security features relating to the account, you must use all reasonable steps to keep them safe. If any account documentation or details of any personalised security feature is lost or stolen you must notify us as soon as you can. Please refer to your key product information sheet for details. Security Never give your account details or other security information to anyone unless you know who they are and why they need them. You should never disclose your online account passwords to anyone under any circumstances. Take care when storing or disposing of information about your account. Postal Services We aim to deal with all deposit and withdrawal transactions within one business day, but we cannot guarantee this. 5
8.5 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. 8.6 References We do not normally provide references about you to a third party. 8.7 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. 9. Interest 9.1 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. 9.2 Cash paid into your account will earn interest from the day of receipt. 9.3 Deposits by BACS and electronic transfer will earn interest from the day we receive them. 9.4 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 a cheque to clear are explained in conditions 2.3.6 and 2.3.7. If a cheque does not clear please see condition 2.3.2. 9.5 On some products we can pay interest on your account monthly or annually as set out in the key product information sheet. You choose how you wish interest to be paid when you open your account. If you wish to change the payment frequency after the account is opened, we will close your account and open a new account for you. 9.6 The dates when interest is paid are shown in the key product information sheet. We will calculate your interest up to and including these dates. We will credit interest to your account on your interest payment date or the next business day if your interest payment date is not a business day. 9.7 If you have asked us to transfer the interest to another account, we will make the transfer on the business day following the calculation. Transactions carried out after interest payments have been calculated may require an adjustment to the capital balance on your account to offset any over or under payment of interest. 9.8 Where you have asked for interest to be transferred to another account, this will only be actioned when the interest payment is 1.00 or over. Any interest payment less than 1.00 will be credited direct to your account. 9.9 Where you transfer money between accounts with us we will pay interest up to the date prior to the transfer on the account from which the funds are withdrawn and from the date of transfer on the account to which the money is sent. 9.10 Interest payments from another account with us into an ISA with us are not permitted. 9.11 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. 9.12 We will provide you with details of any annual interest paid either by updating your passbook or as part of your next account statement depending on your specific account. Monthly interest will show on your receiving bank account record and we will not send you a separate advice of interest paid. 9.13 Details of the current interest rates for all our savings accounts can be viewed online at virginmoney.com, by contacting one of our Stores, by telephoning us or writing to us at our Main Office. 9.14 We will provide a full explanation of how we work out interest on request. 10. Tax 10.1 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. 10.2 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. 11. Charges 11.1 We may make charges for some standard services that we provide to you. These charges are detailed below: Service Charge CHAPS transfer 30 per transfer Copy cheque 5 per cheque Copy statement 10 per statement Bank Giro Credit payments No charge 6
11.2 If you have sufficient funds in your account we will deduct the amount of any charges from your account. Alternatively, you may pay any charges by cheque. We may refuse to provide you with any such service if you do not have sufficient funds to cover the charge(s). 11.3 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 charges before we act on your instructions. 12. Changes to the terms and conditions, charges and interest rates 12.1 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 12.3-12.7 and 12.8-12.9 respectively below) for any one or more of these reasons: 12.1.1 to improve efficiency (which may include reducing costs), to take account of changes in technology and to reflect changes that we may reasonably make in the way we look after your account or in the way we offer savings services and facilities; 12.1.2 because our administrative costs and charges have increased or reduced or we reasonably believe they are likely to do so; 12.1.3 so that we can meet the requirements of our regulator; 12.1.4 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; 12.1.5 to make the terms and conditions easier to understand and to correct errors; 12.1.6 to allow us to harmonise the terms and conditions should we acquire the accounts of or take over or merge with another provider; or 12.1.7 if it is necessary for us to make changes to maintain our financial stability. 12.2 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 meanwhile: a) if your account is a payment account (explained within 'Meanings'), you will be free to close your account immediately without charge; b) if your account is a non-payment account (explained within 'Meanings') and the change is to your disadvantage, you will be free to close your account immediately without charge. 12.3 Interest Rates We will not vary the interest rate if you have a fixed rate account and you are still in the period the rate is fixed. 12.4 Where your account is not a fixed rate account or a reference rate account we may increase interest rates at any time and we will inform you of any change at the earliest opportunity after the rate is changed (e.g. by statement messages or statement inserts, or in writing/by email to you). 12.5 We may reduce a variable interest rate for any one or more of these reasons: 12.5.1 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 savings accounts with whom we compete; 12.5.2 because we need to reduce the interest rate charged on our mortgages to attract and retain business from borrowers; 12.5.3 because our administrative costs and charges have increased or we reasonably believe they are likely to do so; 12.5.4 to allow us to harmonise the interest rates we pay should we acquire the accounts of or take over or merge with another provider; or 12.5.5 if it is necessary for us to make changes to maintain our financial stability. 12.6 Where your account is a reference rate account, we will only vary the interest rate when the reference rate varies. Please refer to the key product information sheet for details. 12.7 We will write to advise you of a reduction in interest rate on your account. (a) We will give you notice of the reduction at least equivalent to the notice period, if any, on your account. (b) Where you have no notice period we will give you at least two months notice of the reduction, after which period you will be deemed to have accepted the change. In the meantime you will be free to close your account immediately without charge. 12.8 Changes to charges 12.8.1 We may reduce charges at any time and we will inform you of any reduction at the earliest opportunity (e.g. by statement messages or statement inserts, or in writing/by email to you). 12.8.2 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. 7
12.8.3 We may change the list of services or the stated service charges in condition 11 from time to time. In exercising this power to change a service charge we must comply with the following requirements: 12.8.3.1 We will write to advise you of any new charge or change in the level of charges 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; 12.8.3.2 We will only increase a service charge: (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. 12.9 For a full list of cost related charges and service charges, please refer to condition 11. 12.10 Any change we make for one or more of the reasons detailed in conditions 12.1-12.8 will be done in a reasonable and proportionate manner. 13. Joint accounts 13.1 Where more than one person applies for the account: 13.1.1 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; 13.1.2 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; 13.1.3 we will post all letters, statements and other material relating to the account to you at your correspondence address. All joint account holders will be bound by the contents of these; 13.1.4 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); 13.1.5 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. 13.2 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. 13.3 Please also see the joint account provisions within condition 14.2.1. 14. Events which may affect your account 14.1 Moving abroad If you move abroad the account may be closed unless your account is an ISA. This will be charge-free (unless you opt for a CHAPS transfer, where the usual charge as explained in condition 11 will apply). 14.2 Death of an account holder 14.2.1 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. 14.2.2 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. 14.3 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. 15. Confidentiality and Data Protection 15.1 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. 15.2 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 information with the other tax authorities. 8
15.3 If your account is a joint account, then we may share information about you with the other account holder in order to service the account. 15.4 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; 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. 15.5 Unless you object, you agree that we may provide you with information from time to time about our products and services. We may also provide you with information about other firms products and services but we will not disclose your information to them. We may contact you for this purpose by telephone, post and, if you agree, email, mobile messaging services and other appropriate methods. You can ask us to stop sending this information at any time. 15.6 You have a legal right to apply for a copy of your personal records with us. This should be done in writing and a small fee (currently 10) may be charged for this service. You have the right to have any inaccuracies corrected and/or deleted. Further information is available via your local store or our Main Office. 16. Closing your account 16.1 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 16.2 or 16.3 apply. 16.2 Where the account has a nil balance, we may close your account after giving you 30 days written notice. 16.3 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; or your account has been identified as being dormant in accordance with condition 7.6. 16.4 Subject to condition 19, 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. 16.5 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 conditions 16.2 or condition 16.3 above. We may close your existing account and open a new one where the security of your account has been compromised. 16.6 Unless there is anything to the contrary in the key product information sheet, you may close your account at any time. 17. Our liability 17.1 Where a transaction on your account occurs which was not authorised in accordance with these terms and conditions we will refund the transaction amount and where applicable restore your account to the state it would have been had the transaction not occurred. 17.2 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. 17.3 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. 17.4 We shall not be liable to you for any financial loss or damage you may suffer as a result of: 17.4.1 our having acted upon your instruction or following receipt of any information from you; 17.4.2 your security details having been disclosed to someone else (other than due to our having disclosed it); 17.4.3 our services being unavailable through any cause beyond our reasonable control; or 17.4.4 your instructions being inaccurate, invalid, incomplete or incorrect. 17.5 We shall not be liable to you in any circumstances for any financial loss or damage that: 17.5.1 does not arise directly from the matters for which we are responsible; 17.5.2 is due to abnormal circumstances beyond our reasonable control the consequence of which would have been unavoidable despite all efforts to the contrary; or 9
17.5.3 arises from us complying with legal requirements (including compliance with money laundering regulations). 17.6 In this condition 17 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. 17.7 If you wish to claim from us for the matters referred to in conditions 17.1-17.3 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. 18. Your Liability 18.1 Subject to the provisions of condition 18 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 passbook; or (b) where you have failed to keep any personalised security features of your account safe. 18.2 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 the terms and conditions (including in particular conditions 8.2 and 8.3). 18.3 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 8.2; or (b) where we have failed to provide appropriate means for you to notify us under condition 8.2. 19. 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. 20. General 20.1 If we waive any breach of these terms and conditions that shall not be considered to be a waiver of any subsequent breach. 20.2 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. 20.3 These terms and conditions are written in English and all communication between us for the purposes of your account will be in English. 20.4 We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. We are entered in the Financial Services Register under number 503963. 21. Complaints 21.1 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 plc, Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL or via email to customerrelations@virginmoney.com. 21.2 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. Tel: 0800 023 4567. Email: complaint.info@financial-ombudsman.org.uk. Website: www.financial-ombudsman.org.uk. A copy of our Internal Complaints Procedures leaflet is available on request. 10
Telephone: 0845 600 7301 or 0191 279 4405*. *Lines are open from 8am to 8pm Monday to Friday, 8am to 4pm on Saturday and 10am to 3pm on Sunday. Calls are charged at your service provider s prevailing rate and may be monitored and recorded. virginmoney.com Virgin Money plc Registered in England and Wales (Company No. 6952311). 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. VMP69V7 (valid from 08.07.15)