T&C's for Nov 1998

[reka]

As i am geting several requests for Abbey T&C's for 1988, i have converted the leaflet to text.

I did this in good faith and am not liable for any errors (i have checked for errors, if you see any let me know)

 

 

Personal Banking Conditions

Item Code CPA2 0145 NOV 98 W

Contents

Introduction

Section 1 Your Account

1.1 Information about Your Account

1.2 Withdrawals and Deposits and the Balance on Your Account

1.3 Authorisation, Finality and Refunds of Debit Card Transactions

1.4 Cheques, Counter Cheques and Bankers' Drafts

1.5 Overdrafts

1.6 Interest and Charges

1.7 Automated Payments

1.8 Telephone Banking

1.9 Foreign Transactions

1.10 Your Address

1.11 Joint Accounts

1.12 Statements

1.13 Taxation

1.14 Your Account is not Transferable

Section 2 Using Your Cards and Keeping Them Safe

2.1 Information about your Cards

2.2 Guaranteeing Cheques

2.3 Care of your Cards, Personal Identification Numbers (PINs), Telephone Banking Numbers (TBNs), Passwords and Selected Personal Information

2.4 Loss or Misuse of a Card and Your Liability if this Happens

2.5 Terminating or Suspending Use of Your Card

Section 3 We Can Vary These Conditions

3.1 The Circumstances in which We can Vary these Conditions

3.2 Your Rights

Section 4 General

4.1 Notices

4.2 Inability to Provide Services

4.3 Recording and Monitoring Telephone Calls

4.4 Where Someone Else is Managing Your Affairs

4.5 Closing your Account or Surrendering a Card

4.6 Governing Law

4.7 Your Statutory Rights are not Affected

INTRODUCTION

These Personal Banking Conditions:

• are the contract between you and us for your Abbey National Bank Account or Instant Plus Account. They also cover the related cards and other services which you can use with these accounts. In some places these Conditions refer to details, for example about the key features of your Account or card or about our interest rates and charges, which we will give to you separately from these Conditions. Those details also form part of the contract between us;

• explain our obligations to you, and your obligations to us;

• may be varied by us - see Condition 3 for details;

• are in addition to any other conditions which are implied or included in the contract between us by law, even if they do not appear in these Conditions.

For convenience we refer to your Abbey National Bank Account or Instant Plus Account in these Conditions as your "Account". "Linked Account" means any other account you have with us which you .can also access using any of your cards. Cards and services available with your Account and Linked Accounts may have their own further special conditions which also apply. If a special condition differs from these Conditions, the special condition is the one that applies. If you need any further information about your Account or an explanation of any of these Conditions, please contact any of our branches or telephone 0645 724724.

YOUR ACCOUNT

1.1 Information about Your Account

When we open your Account we will give you written details explaining its key features.

1.2 Withdrawals and Deposits and the Balance on Your Account

(a)If you pay in a cheque over the counter at an Abbey National branch, the money will normally be available so that you can draw against it on the third working day after the day that it is paid in. Interest will be earned from the second working day after it is paid in, if your account is in credit. A working day is any day other than a Saturday, Sunday or English public holiday.

For cheques paid in over the counter

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Day cheque Paid in Day interest earned Day funds available

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Monday Wednesday Thursday

Tuesday Thursday Friday

Wednesday Friday Monday

Thursday Monday Tuesday

Friday Tuesday Wednesday

Saturday Wednesday Thursday

______________________________________________________________________________

Cheques paid in at Abbeylink machines normally take an extra day. However interest will be earned from the second working day after it is paid in (if your account is in credit), but the money will be available on the fourth working day after the day the cheque is paid in. When you can draw against cheques paid in by any other means (e.g. by post) will depend on when we receive the cheque. This also applies to interest earned, if the account is in credit,

(b) The balance shown on your Account may include cheques and other items paid into it which have not yet been cleared and we may refuse to allow you to draw against these items. If an uncleared item is returned unpaid we will debit your Account with the amount and with any interest we have paid you on it, even if you have already withdrawn against it. You may incur a charge and if debiting the item overdraws your Account, interest may be charged. You must then bring the account back to the authorised position.

© Cheques normally become out of date after 6 months and so you should pay them in so that they dear in time.

(d) BANKERS' DRAFTS AND COUNTER CHEQUES (OTHER THAN THOSE ISSUED BY US) WILL BE CLEARED IN THE SAME MANNER AS CHEQUES PAID INTO YOUR ACCOUNT.

(e) If your Account was opened on or after 6th May 1997 you must maintain a regular monthly salary payment or monthly standing order payment into your Account. The minimum monthly payment is the amount we notified to you when you opened your Account. If you do not keep up the minimum monthly payments we may close your Account by giving you at least 28 days' notice.

(f) Automated withdrawals from your Account (eg. Standing Orders, Direct Debits or cheque payments) will normally be debited at the beginning of the working day that they are due. Deposits paid into your Account on the day an automated withdrawal is expected may not therefore be made available to meet that withdrawal.

(g) There are maximum daily limits on the cash you can withdraw from your Account using your cheque book or card. When you open your Account or take out a card we will tell you what the limits are. These limits may change.

(h) You may make deposits using your card at some of our cash machines, using the envelopes provided. You may only deposit Sterling bank notes and Sterling cheques payable to you. If the amount we actually receive differs from that stated by you, we will adjust your Account by the amount involved and notify you that we have done this.

(i) If you use a cash machine or our Telephone Banking Service to make a transfer between your Accounts, it may take a further banking day for the transfer to be completed.

(j) If you deposit funds without indicating to which Account they should be credited, we will credit them to whichever of your Accounts we think appropriate.

1.3 Authorisation, Finality and Refunds of Debit Card Transactions

(a) We may be requested to authorise a purchase or other payment you make with your debit card before it can be completed. If we do, your Account balance will be reduced by the amount of the authorisation. We may refuse a request for authorisation.

(b) All debit card payments on your Instant Plus Account require authorisation and we will only authorise them if there are sufficient available funds on your Account.

© Once a purchase or other payment with your debit card has been carried out, you cannot cancel it.

(d) Where a retailer or other person you have paid with your debit card gives you a refund, your Account will be re-credited when we receive the refund.

1.4 Cheques, Counter Cheques and Bankers' Drafts

(a) You should not write a future date on a cheque. If you do and the cheque is presented for payment before that date we can decide whether to pay or return it. In either case, we will not be liable to you.

(b) We will "stop" one of your cheques at your request as long as:

- the cheque has not already been paid;

- you give us sufficient details; and

- you have not used a card to guarantee payment of the cheque.

We cannot "stop" a Counter Cheque or Banker's Draft which you have asked us to draw for you.

© You must notify us as soon as possible after you become aware that your cheque book has been lost or stolen.

(d) On request, we will provide Counter Cheques and Bankers' Drafts for a fee, which we will debit to your Account. There will be no fee if the cheque or draft relates to an unsecured personal loan paid into your Account. This service is not available to close your Account.

1.5 Overdrafts

(a) You can apply for an overdraft on an Abbey National Bank Account if you are aged 18 or over. If we give you an overdraft we will tell you your limit. We can change your limit at any time. We can also require you to repay your overdraft at any time. As long as you have not exceeded your overdraft limit, we will . wherever possible give you at least 28 days' notice. We will not give you an overdraft on an Instant Plus Account.

(b) We also have the right to pay off or reduce an overdrawn balance on your Account by transferring funds from any of your other accounts with us (other than a mortgage account).

© If you overdraw your Account when we have not given you an overdraft you are in breach of these Conditions and must immediately pay sufficient money into your Account to put it into credit, taking account of any interest and charges you will have incurred. Similarly, if you exceed the limit of an overdraft which we have given you, you must immediately pay sufficient money into your account to bring yourself within your overdraft limit.

1.6 Interest and Charges

(a) We may pay you interest and bonuses on your Account when it is in credit and charge you interest if it is overdrawn. A higher rate of interest will be charged if your overdraft has not been authorised in advance. This applies to the excess if you exceed an overdraft limit which we have authorised. We will tell you what the rates are and how interest will be calculated and about any changes in the rates.

(b) We will tell you our tariff of charges for basic account services and about any changes in the tariff. We will also tell you about any charge for a service related to your Account which is not in our tariff. We will do this on request or before or when we provide the service to you.

© Interest and charges will normally be credited or debited, as appropriate, to your Account on the same day each month. We will give you at least 14 days' notice of amounts to be debited.

(d) We may vary our interest rates or our charges at any time, by giving you at least 7 days' notice, for one or more of the following reasons:

(i) to maintain the competitiveness of our business as a whole, taking into account actual or expected changes in market conditions;

(ii) to reflect actual or expected changes in money market interest rates;

(iii)to ensure that our business is run prudently;

(iv)to reflect a change in general banking practice;

(v)to reflect any regulatory requirements or guidance, or any change in the law or a decision or recommendation by the Court or an Ombudsman,- or

(vi) to enable us to harmonise our banking or charging arrangements.

We may also vary our charges to reflect changes in technology or in the direct costs we are required to pay to others, or to take account of inflation.

(e) We may introduce charges for different types of transactions by giving you not less than 14 days' notice.

(f) We may also change our interest rates and/or our charges for any other reason which is valid. If we do so we will give you reasonable notice and you are free to close your Account immediately without loss of credit interest or bonus but you must repay any overdraft, interest or charges outstanding on your Account.

1.7 Automated Payments

If your Account becomes overdrawn where we have not given you an overdraft, or if you have an overdraft but have exceeded your limit, we may cancel any of your Direct Debits, Standing Orders and other direct payments from your Account. We will normally give you at least 7 days' notice but in exceptional circumstances, where we consider this necessary to prevent abuse of your Account, we may cancel a payment without giving you notice. If your Account is subsequently in credit, or within your overdraft limit, those payments will not be automatically reinstated. If you wish to reinstate them you must apply in writing.

1.8 Telephone Banking

When you apply for your Account or at a later stage you can also apply to register with our Telephone Banking Service. Details of this service are available from any branch. When you register, we will issue you with a confidential Telephone Banking Number (TBN) to use or you may select it yourself at any of our cash machines. For security reasons, we will not act on telephone instructions if we are in doubt as to your identity.

1.9 Foreign Transactions

Before crediting or debiting a transaction in a foreign currency to your Account we will convert it into Sterling at our current rate for that type of transaction. We will provide details on request.

1.10 Your Address

The address that you give us or, in (he case of a joint account, either of you gives us will be the one to which all communications will be sent. We can ask you to confirm any change of address in writing.

1.11 Joint Accounts

(a) Two of you (but not more) may have an Account in joint names.

If so

(i)both of you will be liable (individually and together) for any money due to us; and

(ii)each of you is authorised to operate your Account on your own where:

- any cards are issued on the Account; or

- you have registered with our Telephone Banking Service.

(b) Neither of you may allow the other to use your cards, Personal Identification Number (PIN), Telephone Banking Number (TBN), password or selected personal information.

© We will transfer a joint Account into the sole name of one of you at the request of both of you as long as the Account is in order and we are satisfied that the continuing Account holder is of sufficient financial standing to operate the Account alone.

1.12 Statements

We will send you statements at regular intervals. In the case of joint Accounts we will send one statement to both of you unless you tell us in writing that you each require separate statements.

1.13 Taxation

You may be able to register with us to receive interest gross. Otherwise interest will be paid net of income tax at the prescribed rate.

1.14 Your Account is not Transferable

You cannot transfer your rights in your Account to someone else. This means that you cannot, for example, use the funds on your Account as security for money you borrow from someone else. This does not affect any transfer that takes effect by law, for example under your Will.

Using your cards and keeping them safe

2.1 Information about your Cards

When you apply for your Account or at a later stage you can also apply for the appropriate card(s) to access or operate your Account. When we issue you with a card we will give you written details explaining its key features, for example how it can be used to withdraw cash, make payments or guarantee cheques. Use of a card includes use of its number and other details, for example to carry out transactions over the telephone. There may be a charge for some uses of the card and we will tell you what these are, for example through our tariff of charges.

2.2 Guaranteeing Cheques

(a) Your card may enable you to guarantee cheques. If so, you may use it in the UK, Gibraltar, Isle of Man or Channel Islands to guarantee payment of a personal cheque up to the limit of the card. The person you pay the cheque to must write your card number on the cheque. You cannot cash more than one guaranteed cheque a day. The guarantee is governed by the rules of the Cheque Card Scheme, details of which are available on request.

(b) You must not use your card to guarantee a cheque for more than the available funds on your Account.

© We may debit a guaranteed cheque to your Account even if it contains legal or technical irregularities.

2.3 Care of your Cards, Personal Identification Numbers (PINs), Telephone Banking Numbers (TBNs), Passwords and Selected Personal Information

(a) We will notify you of the PIN to be used with your card. We may also ask you to provide a password or selected personal information as a means of identification, for example when buying goods or services with your card.

(b) The care of your cheque books, cards, PINs, TBNs, passwords and selected personal information is essential to help prevent fraud and protect your Account and to ensure this you must:

- sign your card in permanent ink as soon as you receive it;

- destroy the notification of your PIN as soon as you receive it;

- always take reasonable steps to keep your cards safe and your PIN, TBN, password and selected personal information secret;

- not keep your cheque books and cards together;

- never write down or record your PIN on your card or on anything kept with or near it;

- not allow anyone else to use your cards, PIN, TBN, password or selected personal information (not even someone with whom you share a joint account);

- never disclose your PIN to anyone else, not even a member of Abbey National staff. Do not write it down or record it without disguising it. You can change your PIN at any Abbey National cash machine and you must do this if you think that anyone else (even a member of your family) knows your PIN;

PLEASE REMEMBER ANYONE IN POSSESSION OF YOUR CARD WHO KNOWS THE PIN CAN CAIN ACCESS TO YOUR ACCOUNT AND ANY LINKED ACCOUNT;

- never write down or record your TBN, password or selected personal information without disguising it. IT IS ALWAYS SAFEST TO MEMORISE THESt. Only disclose them where requested lor identification purposes.

© Your TBN cannot be the same as your PIN. We may withdraw your PIN or TBN if we believe that this is necessary for security reasons to prevent misuse of a card or your Account, for example where the wrong number is used more than once. You will then need to apply for a new PIN or TBN via a branch or our Telephone Banking Service. If you need a new PIN you will also need to apply for a new TBN, if you have one.

2.4 Loss or Misuse of a Card and Your Liability if this Happens

(a) If you find that your card has been lost, stolen or misused, or you think it may be misused, or if you believe that your password or selected personal information has become known to another person, then you must notify us as soon as possible either at any branch or by telephoning

ABBEY NATIONAL CARD SERVICES,

TELEPHONE NUMBER (24 HOUR SERVICE) 064S 344900

or, if you call from overseas, +44 1908 344900

ADDRESS: THE MANAGER, CARD SERVICES,

ABBEY HOUSE, 201 GRAFTON GATE EAST,

MILTON KEYNES MK9 1AN.

We will take immediate steps to prevent them from being used to access your Account. We will accept written notification of the loss or theft of your card from any recognised card registration bureau acting for you, from VISA and from any VISA Member.

(b) You are not liable for misuse of the card before you receive it or after you have notified us under Condition 2.4(a) of the loss, theft or misuse of the card. Otherwise, if your card is misused by someone else we may only debit up to £50 to your Account, except in the following cases:

- where you have authorised the transaction;

- where you acted fraudulently;

In these cases we will debit your Account with the full amount of the transaction.

- where you have acted with gross negligence which has enabled that other person to make a cash withdrawal with your card. Gross negligence includes failing to follow the safeguards in Condition 2.3.

In this case we may debit your Account with the full amount of the transaction.

© If you dispute that you have carried out a card transaction, we will expect you to co-operate with us and the police in any investigations. We may give the police any information we consider relevant. The burden of proving any allegation of fraud or gross negligence, or that a card has been received by you, will lie on us.

2.5 Terminating or Suspending Use of Your Card

(a) We may terminate or suspend your right to use a card at any time if we believe that it is necessary for our protection. Unless we consider that more urgent action is necessary, we will give you at least 7 days' notice. Cards remain our property and we may require you to return a card to us and may ask anyone acting for us to do this.

(b) You may terminate your right to use a card by giving notice and returning it to us. Before returning your card you must cut it in two.

© Following termination, these Conditions will continue to apply to any amounts you owe as a result of use of your card.

WE CAN VARY THESE CONDITIONS

3.1 The Circumstances in which We can Vary these Conditions

We may remove, change or add to these Conditions by giving you at least 28 days' notice:

(i) to conform with or anticipate any changes in the law, Codes of Practice or Bank of England Regulations;

(ii) to provide for the introduction of new or improved systems, methods of operation, services or facilities;

(iii) to take account of a ruling by a Court, Ombudsman,regulator or similar body;

(iv) to reflect market conditions;

(v) to reflect general banking practice;

(vi) to make them clearer or more favourable to you; or

(vii) to rectify any mistake that might be discovered in due course.

3.2 Your Rights

If we give you notice to vary these Conditions, you maylf you wish close your Account. See Condition 4.5. GENERAL 4.1 Notices

Any notice under these Conditions must unless otherwise specified be given in writing as follows:

(a) by you to us, at any of our branches or to Abbey House, Baker Street, London NW1 6XL, or in relation to your cards,

to the Manager, Card Services, Abbey House,201 Grafton Gate East, Milton Keynes MK9 TAN.

(b) by us to you, by either:

(i) personal notice to you; or

(ii) in the case of a variation of our interest rates or charges or any other appropriate variation in these Conditions, general notice in three of the following national daily newspapers -The Daily Telegraph, The Daily Mail, The Mirror or The Guardian.

In addition, we may also display general notice in our branches.

4.2 Inability to Provide Services

If we are unable to provide services generally or any particular services to you because of any causes beyond our control (including, but not limited to, strikes, industrial action or the failure of equipment or power supplies), we will not be liable to you for any loss which you may suffer.

4.3 Recording and Monitoring Telephone Calls

For your security and to assist us in improving our service to you, we may record or monitor all telephone calls.

4.4 Where Someone Else is Managing Your Affairs

In the event that you become mentally incapable of managing your affairs, your Account can be operated or closed by anyone who has been appointed by you under an Enduring Power of Attorney or by the Court.

4.5 Closing your Account or Surrendering a Card

(a) You can close your Account at any time by giving us notice. There may be a time when we ask you to close your Account. If we decide to do this we will wherever possible give you at least 28 days notice. In either case these Conditions will continue to apply to your Account until any cheques drawn on it and other amounts you owe on it have been paid, and all cards and cheque books have been returned to us.

(b) We may also close your Account by returning any credit balance to you if for a period of 13 months there have been no customer transactions, the amount due to you is less than £50 and we have given you at least 28 days' notice.

4.6 Governing Law

These Conditions are governed by the law of the country in the UK (i.e. England and Wales, Scotland or Northern Ireland) where you opened your Account.

4.7 Your Statutory Rights are not Affected

Nothing in these Conditions will affect your statutory rights.

 

 

 

I hope this is helpfull. Good luck with your claims:D

[petcat]

reka you are a star. this is something I coulnt open from your website link.(my pc i think)ta very much.

[reka]

No worries, my website is down...has been for over a week now...GRRRR!

 

Imeant to do this along time ago.... it was a daunting task i kept putting off!