FLEXICARD CREDIT CARD TERMS & CONDITIONS.

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

Please refer to the summary box for product specific information displayed as X's in this document, for the Card(s) you're considering.

These are the conditions of an agreement between us, Bank of Scotland plc of The Mound, Edinburgh, EH1 1YZ, and:


Name of customer:


Address:


("you")


The General Credit Card conditions also form part of this agreement and are contained in the document headed “General Credit Card conditions”. In Condition 25 we set out special meanings we have given to some words in this agreement. You should read both parts carefully and ask us if there is anything you don't understand.

1. CREDIT LIMIT

1.1 Your credit limit is the total amount you can borrow under this agreement. We set this limit and tell you what it is in writing soon after opening your account. It is important that you stay within your credit limit. All Transactions on your account will reduce your available credit and all repayments you make will free up any credit for you to borrow again.

1.2 We can change your credit limit at any time. We will write to you each time you are eligible for a credit limit increase. You can choose how you would like to manage future credit limit increases to apply to your Card. You will be able to choose between us:

  • increasing your credit limit on the date we tell you in the letter (which will be at least 30 days before the change takes place); and
  • not increasing your credit limit until you contact us to request this, by the date we tell you in the letter.
    You will be able to change these preferences at any time by contacting us.

You can also ask us at any time to consider increasing your credit limit, or tell us that you would like a lower credit limit (but we may require a minimum limit), or that you do not want to receive any future credit limit increases. We may not offer you credit limit increases if we are concerned about your ability to repay.

1.3 We may reduce your credit limit. Condition 23 explains in more detail when we may make this change and how we will tell you about it. We may also limit your ability to use your Card where it is not practical for us to give advance notice even if you have not used your full available credit if we reasonably believe there is a significantly increased risk of you not being able to repay us what you owe. If we do this we will tell you as soon as possible afterwards. Also, the amount we will let you spend will be shown in your statements and on Online Banking immediately.

2. USING CREDIT

We will provide you with a Card and Security Details soon after opening your account. You must keep them safe as they give access to your credit. Once we have opened your account you can use it to make Transactions that do not need a Card. You will be able to make other transactions when you have received your Card. We may ask you to activate your Card. You can pay these back by making at least the Minimum Payment each month. You can always pay more at any time. You can also select amounts from your eligible balance (see Condition 16.3 for more details on your eligible balance) and pay these off in monthly instalments to suit you. These are called Instalment Plans and this feature enables you to pay us more each month to pay off selected balances on your account within a set timeframe.

3. YOUR PAYMENTS

3.1 You must pay at least the Minimum Payment by the payment date every month of an amount equal to the total of interest, any charges payable under Condition 9.1 and 9.2 and 1% of the total balance (including interest and charges) shown in your statement (minimum £5, or the full balance if less than £5) if you owe a balance on your statement. You must also pay immediately the amount of any missed payments and any amount you owe above the credit limit. You can always pay more than the Minimum Payment. We do not treat payments as received until they reach us in cleared funds. You may need to allow extra time for clearance (for example, if you pay by cheque). Your statement will tell you the Minimum Payment. We will also include any missed payments in the amount we ask you for. If you fail to pay your Minimum Payment by your payment due date, you will breach this agreement and may incur additional charges. You will lose any Promotional Offers that apply to your account. We will also cancel any Instalment Plans that you have set up if the monthly instalment remains unpaid by the date your next statement is produced (see Condition 16 for more information about Instalment Plans).

3.2.In addition to your Minimum Payment, you can repay all or part of what you owe at any time. You can make a payment at one of our branches, via Online Banking (if registered), by Telephone Banking (if registered), by posting a cheque to us, or by using a payment service offered by another bank. Condition 19 details how you can make a payment to us, including at a branch, via Online Banking (if registered) or Telephone Banking (if registered).

3.3. We will choose your payment due date and show it on your statement. Your payment due date will be between 18 and 30 days after the date on which we create your statement.

3.4 You must not pay us more than you owe when you make payments to your account, or transfer funds from another credit or store Card if this creates a credit balance on your account. If there is a credit balance on your account at any time, we may apply it to any recent Transactions not yet shown on your account, or to Transactions made after the date your account goes into credit. We may also return any credit balance to the account from which the money has been sent or pay the funds into a deposit account you hold with us. We do not pay interest on any credit balances or take them into account for the purpose of any reward schemes.

3.5 Refunds and credit adjustments to your account between the statement date and your payment due date will reduce your overall balance. But they will only count towards your Minimum Payment for that month (excluding arrears and any amount you owe above the credit limit) if they reduce the balance to less than that Minimum Payment amount. If this happens, and you have not yet paid your Minimum Payment, we will reduce the Minimum Payment needed so that it equals the full remaining balance (if any).

4. INSTALMENT PLAN PAYMENT

4.1. If you have set up any Instalment Plans on your account, we will work out the Instalment Plan Payment, which is the total amount you would need to pay each month to clear all Instalment Plans (including interest) over the time(s) that you have set. We will add this to the amount you also need to pay to cover the Minimum Payment on your Main Balance. This will be your Minimum + Instalment Plan Payment which will also be shown in your statement.

4.2. If you do not pay the Minimum + Instalment Plan Payment in full, you will not breach this agreement but you must always pay at least the Minimum Payment each month. Where you have not paid the Minimum + Instalment Plan Payment in full, or your payment is returned unpaid, we will allocate your payment in accordance with Condition 8. Any Instalment Plans where your monthly instalment remains unpaid at the date on which your next statement is produced will be cancelled (please see Condition 16 for details). We will notify you once an Instalment Plan has been cancelled and the cancelled plan will then revert to the standard interest rate for all other Transactions as stated in Condition 6.1.

4.3. Balances within Instalment Plans will be charged at the Instalment Plan rate. This rate will continue to apply to all of your Instalment Plans as long as you continue to pay your Minimum + Instalment Plan Payment in full. If you pay less than your Minimum + Instalment Plan Payment, the rates will continue to apply to those Instalment Plans where the monthly instalment has been paid.

4.4. Your monthly instalment payment will start from your next statement after each Instalment Plan is set up and will be included in the Minimum + Instalment Plan Payment shown in your next statement.

4.5. If you pay by Direct Debit, we will automatically take at least the amount of your Minimum + Instalment Plan Payment. If you have not got enough money in your account to cover the amount of your Direct Debit, you need to cancel any Instalment Plans and your Direct Debit (see condition 16). It is important that you separately arrange to pay at least the Minimum Payment to ensure you are not in breach of the agreement.

4.6. You can always pay off Instalment Plans early (although payments of more than your Minimum + Instalment Plan Payment will be first allocated to any Main Balance before being allocated to Instalment Plans (see Condition 8 for more information about how we allocate payments)). You can also cancel your Instalment Plans, see Condition 16 for details.

5. ANNUAL PERCENTAGE RATE AND TOTAL AMOUNT PAYABLE

The APR is XX.X% (variable) and the total amount payable is £X,XXX.XX. These are both calculated using the following assumptions:

  • We both keep to the terms of this agreement
  • The interest rate (and, where applicable, any charges) do not change
  • Interest is charged at the standard rate for Purchases. We have not used any special promotional rates for the purposes of the calculation
  • The credit limit is £1,200, you make a single Purchase of this amount immediately and you repay this amount over one year by 12 equal monthly payments together with interest charges for each month
  • You pay interest accrued with each monthly payment
  • You have not chosen to place any of your eligible balance in an Instalment Plan.

6. INTEREST RATES

6.1. Our standard rates are:

  • XX.XX% p.a. (variable) for Cash Withdrawals; and
  • XX.XX% p.a. (variable) for all other Transactions and amounts payable by you under this agreement and are not currently in an Instalment Plan.

6.2. For Instalment Plans that you set up, the standard Instalment Plan rate is XX.XX% p.a. (variable). This applies to any new Instalment Plans you set up. The rate applicable to an Instalment Plan will apply from the date that Instalment Plan is set up. We may vary the rate in accordance with Condition 7 and for the reasons set out in Condition 7.3.

6.3. Our current rates for Promotional Offers are:

  • XX.XX% p.a. (variable) and a charge of X.XX% for Balance Transfers made in the first 90 days from either your account opening or the date of your account transfer. The Balance Transfer charge in Condition 9.7 does not apply.

All interest rates shown above are calculated by compounding the monthly interest over one year. If you do a Balance Transfer, then interest on the Balance Transfer charge will be payable at the same rate as the Balance Transfer.

6.4 Any Promotional Offers will apply until the end of the Promotional Offer period (it may come to an end early if you break this agreement – see Condition 6.6). After the end of the Promotional Offer period, the relevant standard rate will apply. We will put a message in your statement to remind you when the Promotional Offer period ends. We will also notify you before any Promotional Offers you have taken out expire. We may make other Promotional Offers available to you in the future if you are eligible for them. The length, interest rate and charge may depend on many factors. These may include the way you use your account, your credit risk or our reasonable response to changes in the financial services industry. We will notify you from time to time and will show them on your monthly statement if you use them. We generally charge interest daily on the balance outstanding on the account. We start charging interest on Transactions and on all other amounts from and including the date they are added to the account. We add this interest to your account on the statement date each month. We then charge the relevant rate of interest on the whole balance until you make a payment. We then charge interest on your remaining balance until your next statement date, and this interest will be added to your account on the statement date. This means that you may pay interest on interest (“compound”).

6.5. There are four exceptions to this general rule:

  • We will not charge interest on Purchases shown on your current statement if you pay the full Main Balance and any Instalment Plan Payment shown on that statement by the payment date (provided you have also paid the full Main Balance and any Instalment Plan Payment on the previous statement by the payment date). If you have not previously paid in full, we’ll add interest on those Purchases to your statement and we’ll charge that interest from the date we originally added the Purchases to your account. If you move any of your eligible balance into an Instalment Plan, we will start charging interest on those balances from the date you set up the Instalment Plan.
  • We will not charge interest on the charges in Conditions 9.1 to 9.5 until the 29th day after the day we give you notice that these charges are payable. We will then charge you interest on those charges, but we will not charge interest on that interest.
  • To ensure an Instalment Plan is paid in full by the end of the agreed term, we will include in your Minimum + Instalment Plan Payment an amount we believe will cover additional interest that you might have to pay if you were to pay a little late and to cover the amount of interest that would apply after your last Instalment Plan payment is made. This ensures you will fully pay off the Instalment Plan in the time you want to. This may mean that, at the end of the Instalment Plan, you may have a surplus after the final Instalment Plan Payment has been received. This amount will be credited to your account in the usual way (see Condition 8 for more information about how we allocate payments).
  • If you cancel an Instalment Plan, we will not charge interest on those balances during the statement period in which you cancel if the following conditions are met:
    • you pay the full Main Balance shown on your next statement by the payment date; and
    • you have also paid the full Main Balance on the previous statement by the payment date.
  • If the above conditions are not met, we will charge interest at the standard interest rate for all other Transactions as stated in Condition 6.1 from the date of cancellation.

6.6. In the case of Promotional Offers applicable to Purchases, if you do not comply with important obligations to us under this agreement (such as making your Minimum Payment and staying within your credit limit), you will lose the preferential terms that apply. We will start charging the relevant standard rate or charges (see Conditions 6 and 9) for these if you miss a Minimum Payment or exceed your credit limit. We will not restore the Promotional Offers once we have withdrawn them, even if you do later comply with your obligations to us.

6.7. In the case of Instalment Plans, if you have not paid the Minimum + Instalment Plan Payment shown on your statement in full (or your payment is returned unpaid), we will cancel those Instalment Plans which still remain unpaid at the date your next statement is produced.

6.8. Condition 8 explains how we allocate payments to different Instalment Plans and Condition 16 provides further details on cancellation of Instalment Plans.

Where we cancel Instalment Plans as detailed above, this will mean that you will lose the benefit of the Instalment Plan rate from the date of cancellation. We will then charge interest on these balances at the standard interest rate for all other Transactions as stated in Condition 6.1 from this date. We will not restore Instalment Plans once we have cancelled them, but you may be able to set up new Instalment Plans (see Condition 16).

6.9. We will charge interest at the relevant standard rate on amounts that you owe us both before and after you are ordered by a court to make payments to us.

7. INTEREST RATE CHANGES

7.1. We may change interest rates (except rates we have agreed to fix). This includes changing the way they are charged or calculated, or introducing different rates for different types of Transaction or Instalment Plans or different types of rate. The new rates apply to Transactions and Instalment Plans and to your outstanding balance from the date the rate changes. The APR does not take these variations into account. These changes may be personal to you and based on a number of factors such as increased or decreased credit risk (for example, there will be an increased credit risk if you have regularly failed to comply with important obligations to us) and the way you use your account (for example, we may reduce the number of days between the statement date and the payment date if you always pay off your balance in full).

7.2. We will give you at least 60 days’ notice of an increase in your interest rates. If we increase your interest rate you may notify us before the change takes effect that you want to close your account and repay your balance at the existing interest rate. If you do so, you must stop making any Transactions, return all Cards (cut in half) and cancel instructions or authorities you have given others to charge your account. This agreement will continue until you have repaid all amounts you owe us. If you have Instalment Plans already set up, these will continue at the Instalment Plan rate for as long as you continue to make the Minimum + Instalment Plan Payment. If you pay less than the Minimum + Instalment Plan Payment, we will allocate your payment in accordance with Condition 8 and any plans where the monthly instalment remains unpaid at the date on which your next statement is produced will be cancelled. However, you will not be allowed to set up any new Instalment Plans. If we decrease your interest rates we will let you know before the change takes effect.

7.3. If we increase or decrease your interest rate as detailed in Condition 7.1 and 7.2, and if the change is to an interest rate for any Instalment Plans that you have already set up, then we will as part of our notice let you know of any change to those Instalment Plans. For example, this may include a change to the number of monthly instalments you are required to make, a change to the amount of your monthly instalment payment on each Instalment Plan, or we may move any residual balance at the end of an Instalment Plan back to the Main Balance and charge interest at the standard interest rate for all other Transactions as stated in Condition 6.1. We will also let you know when this change will take effect in the notice we give you.

8. ALLOCATION OF PAYMENTS

8.1. If you do not have any Instalment Plans set up, we will use your payments to clear any overdue amounts before we clear your latest Minimum Payment.

8.2. We use any payments you make to pay off the balance shown on your statement starting with those balances on which we charge the highest rate of interest, and so on down to the lowest rate of interest. If the payment is not enough to pay off all balances at a particular interest rate, we will pay off balances charged at that interest rate in the following order: Cash Withdrawals, Purchases, Balance Transfers and the default charges in Conditions 9.1 and 9.2 (plus any interest or charges incurred as a result of these balances).

8.3. If you have any Instalment Plans set up, we treat your payments slightly differently. We still use your payments to clear any overdue amounts before we clear your latest Minimum Payment. We reduce the amount you owe in the following order:

(a) Firstly, an amount equal to the Minimum Payment on the Main Balance will be applied to reduce the Main Balance in the order set out in Condition 8.2;

(b) Then, an amount equal to the Instalment Plan Payment will be applied to the Instalment Plans to pay the monthly payment for each Instalment Plan you have set up. If there is insufficient to cover all Instalment Plans, we will apply your payment in the order set out in Condition 8.4;

(c) Anything left of your payment is then applied:

     (i) to the Main Balance in the order set out in Condition 8.2;
     (ii) then to the Instalment Plans in the order set out in Condition 8.4.

8.4. Where we allocate payment to balances in Instalment Plans, we will allocate your payment to Instalment Plans starting with those on which we charge the highest rate of interest, and so on down to the lowest rate of interest. If Instalment Plans are on the same rate, we allocate your payment to the oldest Instalment Plans first down to the most recently set up plans.

8.5. If you pay more than the balance shown on your statement, we will use any remaining payment to pay off Transactions that have not yet appeared on your statement in the same order as those that do appear on your statement.

9. CHARGES

9.1. We will charge you £12 if you do not make at least your Minimum Payment by the payment date (includes us not receiving it in full as cleared funds by the payment due date).

9.2. We will charge you £12 if you are over your credit limit at any time during the period covered by your statement.

9.3 Conditions 9.1 to 9.2 will apply where we let you continue to use your Card (if we do let you) despite you having broken these conditions. We will add fees and charges (and any interest incurred) to the most relevant balance type set out in Condition 6. For example, we would add a Cash Withdrawal charge (including any associated non-Sterling transaction fee) and any interest incurred on that charge to the Cash Withdrawal balance. We will add non-Sterling transaction feed associated with Purchases and any interest on those to the Purchase balance.

9.4. We will also charge reasonable costs and expenses resulting from you breaking these conditions.

9.5. After we end this agreement under Condition 22 we will charge you a fee of £12 for each month you do not repay (or fail to meet the proposals we have agreed to repay) the full amount you owe.

9.6. The charges in Conditions 9.1 to 9.5 will be payable on your statement date and will be included as part of the outstanding balance shown on your statement. The outstanding balance must be repaid in accordance with the terms of this agreement.

9.7. Unless we tell you that a charge is not payable, we charge:

  • 3% of the amount of each Balance Transfer you make; and
  • a cash fee of 3% of the amount of each Cash Withdrawal you make in the UK or abroad (minimum £3).

The exchange rate we use for foreign currency Transactions is set by the payment scheme. You can find out the current exchange rate by calling us. We convert your Transaction into Sterling when we add it to your account. Exchange rates may change, so the exchange rate on the date you make your transaction may not be the same as the exchange rate we used on the date we converted the transaction. The exchange rate we used will appear on your statement. We add a non-Sterling transaction fee to the converted Transaction amount of 2.95%.

10. HOW YOU CAN END THIS AGREEMENT

10.1 This agreement has no fixed or minimum duration. You may end this agreement by giving us notice at any time. This will take effect when the notice is received by us. See Condition 22 for more information.

11. RIGHT OF WITHDRAWAL

11.1. You have the right to withdraw from the credit agreement before the end of 14 days, starting with the day after the day you receive your first Card. You do not need to give us any reason. In order to exercise this right you must write to us at Lloyds Banking Group PLC, Card Services, 11 Portland Street, Manchester, M1 3HU or call 0345 944 4555. You must repay the outstanding balance including any interest due without delay and no later than 30 calendar days after giving notice of withdrawal. You can contact us to find out the amount of interest payable per day and for more information on how to make a payment. You can make a payment at one of our branches, via Online Banking (if registered), by Telephone Banking (if registered) or by posting a cheque to us, or by using a payment service offered by another bank. Please ask us if you would like more information about different payment methods.

12. OTHER KEY INFORMATION

12.1 We will open your account a few days before you get your Card. The credit is available by using your Card and Security Details.

12.2 Missing Minimum Payments could have severe consequences including making credit more difficult to obtain. If you continue to miss payments, we may sell your debt and we or the purchaser may take legal action against you to recover the money you owe us. If that action is successful we or the purchaser may apply to enforce that judgment in a number of ways including getting a charging order against your home which means that, if your home is sold, the amount you owe us or the purchaser can be paid out of the proceeds of sale. We may ask a court for an order that your home must be sold, or an order that we or a purchaser can be paid from the sale proceeds of your home.

12.3 You may have the right to make a claim against the supplier, us, or both of us, if you receive unsatisfactory goods or services costing over £100, but not over £30,000 for a single item and you paid for them directly using credit provided under this agreement. This protection will not apply for Cash Withdrawals or Balance Transfers you ask us to make. This protection will also not applyor if you use your Card to fund an account with a third party provider (like Paypal) and then pay for goods or services with that account. Please ask us if you are unsure.

12.4 If you have a complaint in connection with this agreement, please write to Lloyds Banking Group PLC, Card Services, 11 Portland Street, Manchester, M1 3HU or call us on 0345 944 4555. If our Customer Service Department cannot resolve the complaint, or you are not happy with their response, you can apply to have it resolved by the Financial Ombudsman Service. You may also be able to ask them to look at your complaint in some other circumstances (please see www.financial-ombudsman.org.uk for details). If you live outside the United Kingdom or if you prefer not to deal directly with the Financial Ombudsman Service, you may be able to submit a claim through the European Online Dispute Resolution Platform (available at http://ec.europa.eu/consumers/odr/).

12.5 We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration number 169628. The Financial Conduct Authority, 12 Endeavour Square, Stratford, London E20 1JN is the supervisory authority.

Our provision of payment services
You explicitly consent to us accessing, processing and retaining any information you give us to enable us to provide payment services to you. This does not affect any rights and obligations you or we have under data protection legislation. You may withdraw this consent by ending this agreement. If you do this, we will stop using your data for this purpose once your balance has been repaid. We may continue to process your data for other purposes.

The information on personal information below does not form part of the credit agreement.

How Lloyds Banking Group Companies use your personal information

It is important that you understand how we will use the personal information you give us. So we strongly advise you to read our Privacy Statement, which you can find at https://www.halifax.co.uk/securityandprivacy/privacy/ or you can ask us for a copy.

GENERAL CREDIT CARD CONDITIONS

13. THE CARD AND PIN

13.1. You must:

  • follow instructions we give you, which we reasonably consider are needed to protect you and us from unauthorised use of your Card or Security Details;
  • not use your Card for anything illegal or for any business purpose;
  • only use your Card during the valid period on the Card;
  • not let anyone else use your Card or Security Details;
  • not let anyone else give instructions or access information on your account unless there is a separate arrangement with us or they are a Third Party Provider (TPP);
  • keep your Card secure and protect it from damage;
  • do all you reasonably can to make sure no one finds out your Security Details, for example by not:
    • choosing an obvious PIN;
    • writing your Security Details on (or keeping them with) your Card other financial documentation;;
    • writing your Security Details down in a way that is recognisable; or
    • letting anyone listen in to your calls with us, or watch you entering or making use of your Security Details; and
  • if there is a place for signature, sign your Card as soon as you have received it.

13.2. You will not be able to give payment instructions using your Card or Security Details if we have stopped, or suspended, your ability to use them. We can do this if we reasonably consider it necessary for reasons relating to:

  • the security of your account or Security Details;
  • suspected unauthorised or fraudulent use of your account or Security Details; or
  • a significantly increased risk that you may be unable to make your repayments.

If we do this, we will tell you as soon as possible. As all Cards belong to us, we (or a person acting for us, for example a retailer), may take or retain a Card if we stop or suspend your right to use your account. You must then stop using the Card and Card number.

13.3. Card chip content is our property and can only be used in accordance with the terms and conditions set out in this agreement.

14. ADDITIONAL CARD

14. You can ask us to add another cardholder on your account. If we agree, we will send you an additional Card. You must give this to the additional cardholder and make sure they are aware of, and keep to, all conditions about the use and safety of Cards and Security Details. If you have previously given us your authority and this has not been withdrawn, additional cardholders may be able to contact us by phone to access information about your account and give us instructions on it as well as make Transactions. You can tell us if you want to check or change what they can do. Additional cardholders will not be able to initiate Transactions or access account information through a TPP. We can remove an additional cardholder if a regulatory requirement prevents us dealing with them. You are responsible for all use of the additional Card and any charges payable as a result. Transactions made by an additional cardholder are treated as if you had made them. This means you must pay for all Transactions that are authorised before an additional Card is cancelled, even if they make you break this agreement, or are charged to your account after the Card has been cancelled. Contact us if you wish to cancel an additional Card. As this agreement is personal to you, additional Cards will be cancelled if we receive notice of your death, or you end the agreement. Additional cardholders cannot set up Instalment Plans.

15. THIRD PARTY ACCESS

15.1 You can instruct a TPP (not available to additional cardholders), to access information on your account or initiate certain Transactions from your account online but it must be open and transparent about its identity and act in line with relevant legal and regulatory requirements. We will treat any instruction from a TPP as if it was from you and the terms of this agreement will apply.

15.2 We may refuse a TPP to access your account or initiate Transactions on your behalf if we reasonably suspect unauthorised or fraudulent access to your account by that TPP. Before we do this, we will tell you and explain our reasons, unless this is not reasonably practicable, in which case we will tell you immediately afterwards. In either case, we will tell you in the way we consider is most appropriate in the circumstances. But we won't tell you if doing so would compromise our reasonable security measures or otherwise be unlawful.

15.3 We may make available to a TPP a specific means of accessing your account. If we do, and it tries to access your account by a different way, we may refuse to allow that access. If you think a Transaction may have been made incorrectly or is unauthorised, you must tell us as soon as possible even where you use a TPP.

15.4 If you have provided consent to a TPP to access your account data so they can provide account information services or initiate Transactions on your behalf, you are asking us to share your personal information with the TPP as is reasonably required for them to provide their services to you. You have the right to withdraw any permission given to a TPP if you no longer want them to have access to your account information or to be able to initiate Transactions on your behalf. You must let us know if you withdraw this permission and it is also prudent to let the TPP know. We will then ensure we do not provide any further access to that TPP but your account will continue subject to this agreement.

16. INSTALMENT PLANS

16.1 To set up an Instalment Plan, you need to be registered with Online Banking. When you log on to your account, there will be an option that enables you to select amounts from your eligible balance (see Condition 16.3 for details) and work out over what period you want to pay these off and how much it will cost you. You cannot change an Instalment Plan once you have set it up but you can cancel it as set in Condition 16.5. You can have up to 10 active Instalment Plans on your account at any time. You will usually be able to set up a maximum of one Instalment Plan each day, but if you set up an Instalment Plan after 6pm on a Business Day or at any time on a weekend your ability to set up another Instalment Plan the next day may be restricted. You can log on to Online Banking to see if you are able to set up a new Instalment Plan and what your eligible balance is.

16.2 We can restrict you setting up any new Instalment Plans in the following circumstances:

  • You are over your credit limit
  • You are in breach of your Agreement with us; or
  • If either of us end this agreement under Conditions 10 or 22.

16.3 Not all balances on your account are eligible to be moved into an Instalment Plan. You cannot transfer into an Instalment Plan any of the following:

  • charges set out in Conditions 9.1 to 9.5 (including interest charged on them);
  • balances subject to Promotional Offers;
  • Balance Transfers or Cash Withdrawals (including interest or fees associated with them);
  • the Minimum Payment on the Main Balance (once the Minimum Payment has been requested in your statement); or
  • Transactions that you have raised as a dispute with us.

You can find out your eligible balance by logging on to your account on Online Banking.

16.4 The minimum opening balance that you can put into each Instalment Plan is £100. You can set up each Instalment Plan with a minimum of two monthly instalments and a maximum of thirty six.

16.5 You can cancel an Instalment Plan at any time after your next monthly statement has been produced following the Instalment Plan being set up. You can log on to Online Banking to check whether your next statement has been produced, and to cancel your plans by selecting the Instalment Plan you wish to cancel. Cancellation will take effect on the same day you cancel the Instalment Plan provided the cancellation takes place within normal business hours. If you cancel your Instalment Plan outside of normal business hours the cancellation will take effect on the next Business Day. If you have set up a direct debit, and you cancel an Instalment Plan, we will still take the payment as advised on your latest statement, but we will allocate it on the basis that the Instalment Plan has been cancelled (Condition 8 explains how we allocate payments) and the change in your payment will take effect from your next statement following cancellation. If you do not wish to continue to make this payment, you will need to contact your bank as soon as possible to cancel your Direct Debit. You will then need to make a manual payment of at least the Minimum Payment shown on your statement. If you have other Instalment Plans that you have not cancelled, you will need to make a sufficient payment to cover the Minimum + Instalment Plan Payment that will cover the Instalment Plans that you have not cancelled and want to continue. This adjusted payment that you need to pay will be shown on your Online Banking. You will need to check this as the new Minimum + Instalment Plan Payment is likely to be different than the amount you might calculate yourself. You will then need to log into Online Banking to set up a new Direct Debit instruction.

16.6 If you dispute a Transaction on your account, and there is a balance on your account, then you will not be charged interest on that amount while our investigations are ongoing. Disputed amounts will always be treated as an amount within your Main Balance. If you have set up Instalment Plans and there is insufficient amount left in your Main Balance, then an amount equivalent to the disputed Transaction (or an amount to make up the Main Balance to the amount of the disputed Transaction) will be moved from your Instalment Plan to the Main Balance. This may result in a change to the number of payments required for any impacted Instalment Plans. If your disputed Transaction complaint is not upheld then we will contact you to agree whether the disputed Transaction and the interest accrued during our investigation will remain in your Main Balance or will be transferred back to an Instalment Plan. If we cannot contact you then we will move the disputed amount back into the Main Balance and interest will be charged at the standard interest rate for all other Transactions as stated in Condition 6.1.

16.7 If either of us cancels an Instalment Plan, the balance from that Instalment Plan will be available to put in to a new Instalment Plan on the next Business Day (subject to Conditions 16.1 and 16.2). If you set up a new Instalment Plan after one has been cancelled, the interest rate that will apply to the new Instalment Plan will be the rate applicable at the time you set up the new Instalment Plan. This means that you may lose the benefit of any lower Instalment Plan rate if rates have gone up.

16.8 Where we credit a refund to your account, that refund will usually be applied to your Main Balance first, but it may be applied to an Instalment Plan. If the refund is applied to an Instalment Plan, it may reduce the term of that Instalment Plan or the amount of the final instalment payment. Once your refund has been applied to your account, you may wish to adjust any Instalment Plan(s) by cancelling or setting up new plans to ensure they still suit your needs.

16.9 If you fail to make your Minimum + Instalment Plan Payment in full by the payment due date (or your payment is returned unpaid), we will cancel any Instalment Plans which remain unpaid at the date your next statement is produced. Condition 8 explains how we allocate payments to different Instalment Plans. We will notify you after we have cancelled any Instalment Plans. If any payment is returned unpaid after the statement date which then results in an unpaid Instalment Plan, that Instalment Plan will be cancelled immediately on the date the funds are removed from your account.

16.10 If you change your statement date, this may result in you paying more interest on your Instalment Plans and may increase the term of those Instalment Plans.

17. LOST CARDS AND UNAUTHORISED TRANSACTIONS

17.1 You must contact us urgently if a Card is lost or stolen or a Card or your Security Details are misused (or you think they might be). Our address and telephone numbers are: Lloyds Banking Group PLC, Card Services, 11 Portland Street, Manchester, M1 3HU; phone (24 hours) 0345 0 15 15 15 from UK, +44 113 242 1984 from abroad. We will keep a record of your call, and may record or monitor the call itself. If you later find the reported Cards, you must destroy them.

17.2 You should notify us as soon as you become aware of an unauthorised Transaction (including where this has been initiated via a Payment Initiation Service Provider (PISP)). You will not have to pay us anything for any Transactions on your account made by someone other than you or an additional cardholder unless we can show that you gave someone else your Card or Security Details to make the Transactions. In this case, you will be responsible for all use of the Card before you give us notice, except that you will not be responsible for unauthorised Transactions if:

  • we did not apply procedures we were legally required to use to check that you authorised the Transaction; or
  • the Transactions were made with the Card or Security Details at a distance, e.g. online.

17.3 If you are not responsible for a Transaction, we will refund it and any charges and interest resulting from it as soon as practical. This includes where an unauthorised Transaction is initiated through a PISP. If the PISP is responsible for the unauthorised Transaction, we will refund the amount of the Transaction (including any interest, fees or charges we charge you as a result) and we will seek to recover the funds from the PISP. We will not have any further responsibility. You must give any information and help we reasonably ask for to deal with misuse or unauthorised access to your account, or regarding any Transaction that we, the police or other authorities are investigating. We may pass related information to other lenders or banks, to those involved in processing Card Transactions, or to the police or other authorities, in the UK or (if appropriate) abroad.

18. TRANSACTIONS AND CREDIT LIMITS

18.1 When we are asked to authorise a Transaction, we are entitled to assume we are dealing with you, and that you have agreed to us acting on any instructions, without getting further confirmation from you:

  • if you ask us to make a payment using your Security Details (for example a Card and PIN at a cash machine or the passwords you have chosen for telephone or Online Banking) as long as any relevant security checks have been completed by us or, in the case of a Card with contactless functionality, using that functionality; and
  • otherwise, if you have signed a document containing the instruction.

18.2 You must not go over your credit limit. We can decline Transactions that are over that limit. But, if as a service to you, we authorise them, you have to pay the charges in Condition 9 for going over your limit. If you try and make a payment for which you do not have credit, we may refuse to carry out the Transaction. When we work out the credit available on your account to authorise new Transactions, we include authorisations for Transactions we have already given but which have not yet been applied to your account.

18.3 Your monthly statement will show your credit limit, and how much of it is available to use at the time we produce your statement. You can spend up to your credit limit at any time, but you cannot use more than 95% of your credit limit for Balance Transfers. We may introduce additional limits on particular transaction types in the future. If we do, we will do so as set out in Condition 23.

18.4 We will respond to a request from an authorised third party Card issuer for confirmation that enough credit is available for a transaction only if you have given your explicit consent to this.

18.5 Different types of Transactions you can make are explained below. The availability of each of the following Transactions may depend on the way you use your account, your credit risk or our reasonable response to changes in the financial services industry. Examples of things that could affect your credit risk include: you have gone over your credit limit; unexpectedly high cash withdrawals or large gambling Transactions; you have broken the conditions of another agreement you have with us or another part of Lloyds Banking Group; or we are told by credit reference agencies about changes in your financial status.

Transaction type What is it? How do you make it? Other important information
Purchases Card purchase Paying for goods or services with your Card. Using your Card and security details. If you want to make regular Card transactions to an organisation (e.g. for magazine subscriptions) you can set up a recurring transaction with them using your Card. If you receive a new or replacement Card, please ensure that any regular Card transactions use the new Card details provided otherwise the transaction may not proceed.

If we issue a new Card to you, we may use Card detail updater services provided by the relevant Card schemes to allow the organisation you are paying to locate new Card details so it can process a regular Card transaction on your Card. This prevents the transaction failing because of incorrect Card details and minimises any inconvenience for you. If you are making regular Card transactions, you remain responsible for giving your new Card details to the organisation you are paying.
Contactless Purchase

Using your Card to pay for low-value goods or services without using your security details.

A transaction limit applies. We do not set this but you can ask us what it is by contacting us.

By holding your Card in front of a contactless Card-reader.

If your Card contains contactless technology we will tell you when we send you your Card.

You may be asked to use your security details or sign for some transactions that could otherwise be made using contactless technology.

Transfers Balance transfers

Using your available credit to pay some or all of your credit Card balance with another provider or to pay money into your UK current account.

We may make Balance Transfer offers available to you in the future.

The minimum transfer amount is £100.

By completing the balance transfer request details when you apply for your Card.


You can also ask us to process a balance transfer in branch, by phone or online after we open your account. If there is any other way to process it, we will let you know.

If you ask us to process a balance transfer or money transfer, we will transfer the agreed amount once we have completed our security checks, using the Faster Payment Scheme on the working day we approve your request. The money will normally reach the account within 2 hours and no later than the end of the next working day after we receive your instruction.

If the other bank or lender is not a member of the Faster Payment Scheme, we may not be able to carry out your request. We will not be responsible for this but you can contact us to see if other methods of making the transfer are available.

If you make a balance transfer, you should continue to make any payments required by your other lender.

If you ask us to make a money transfer or a balance transfer and we send it late, you may ask us to contact the receiving lender and ask them to credit it as if it had been received on the correct date.

Cash Withdrawals Cash withdrawals Using your available credit to obtain cash. Using your Card and security details at an ATM or in branch.

When you make a cash Transaction (including gambling and bureau de change transactions):

  • we charge interest from the date of the Transaction;
  • we charge a Cash Withdrawal fee; and
  • Cash Withdrawals in a foreign currency also incur a non-Sterling Transaction fee.

We may treat any Transaction at a gambling establishment (e.g. casino) as a gambling Transaction, including buying food and drink.

ATMs have a daily Cash Withdrawal limit of £500 unless we tell you otherwise. Cash withdrawals are limited to a maximum of 50% of your credit limit.

Gambling transactions Using your Card to make transactions such as those at casinos, betting outlets and bookmakers, and buying online lottery tickets or gaming chips, share trading or spread betting. Using your Card and security details.
Bureau de change Using your available credit to pay for foreign currency at a bureau de change.
PISPs Online transactions initiated by a PISP Using your available credit to make transactions from your account initiated by a PISP. By giving consent to a PISP to initiate a transaction from your account where you have available credit. If you give consent to a PISP, they can initiate Transactions on your behalf from your account where these are available through your Online Banking (e.g. Balance Transfers).

18.6. Promotional Offers are interest rates that can apply to your account for a fixed period of time. Any offers we give you when you take out your Card are detailed in Condition 6.3. We will put a message in your statement to remind you when a Promotional Offer is coming to an end. We may make Promotional Offers available to you in the future, if you are eligible for them. The length, interest rate and fee may depend on many factors. These may include the way you use your account, your credit risk and our reasonable response to changes in the financial services industry. Examples of things that could affect your credit risk include: you are over your credit limit; high cash withdrawals or large gambling Transactions; you have broken the conditions of another agreement you have with us or another part of Lloyds Banking Group; or we are told by credit reference agencies about changes in your financial status. We will show any Promotional Offers on your monthly statement if you use them.

18.7 It may be that you authorise a Transaction in advance without knowing the exact amount that will be taken - for example if you give your Card details to a hotel or car hire company to cover an unknown amount for your final bill. If so, we may reserve funds in your account to make sure we can pay the Transaction as long as you specifically authorise this and agree the specific amount we should reserve.

18.8 We may cancel or suspend use of the Card, refuse to replace or reissue a Card, or refuse to authorise a Transaction or type of Transaction (even if your balance is under your credit limit if:

  • the Transaction would result in you going over or going further over your credit limit or any limit on the Transaction type(such as a daily limit on Cash Withdrawals, if we apply one);
  • we consider it necessary because as a responsible lender there is or is likely to be an unacceptable or increased risk of you not repaying what you owe us. This could be because of the way you manage this account or other accounts you have with us, information we get from credit reference agencies or us finding that you are bankrupt or have made an arrangement with your creditors;
  • we have reasonable grounds to believe that the type of Transaction you make (or their value or frequency) indicates possible risk to you based on our reasonable assessment of factors such as the number of complaints we get, disputed Transactions and regulatory concerns;
  • we believe you have held debt on your account beyond a reasonable period taking account of what has been repaid and the likely time it would take you to repay your balance based on your repayment pattern;
  • we have reasonable grounds for suspecting fraudulent or unauthorised use of the account, including if the Transaction seems unusual compared with your normal Card usage;
  • we consider it necessary to protect the security of your account or Card;
  • authorising the Transaction would cause a breach of this agreement;
  • we believe it is necessary as part of our procedures to prevent fraud or misuse of Cards. You may be asked for further information, including proof of your identity, when we are asked to authorise a Transaction;
  • we have reasonable grounds for suspecting that you, any additional cardholder or another person has committed or is about to commit a crime or other abuse in connection with use of the Card or the account;
  • we believe that not doing so may cause us (or another company in the Lloyds Banking Group) to breach a legal requirement or may expose us (or another company in the Lloyds Banking Group) to action from any government or regulator;
  • the TPP is not authorised by law or they have not provided the appropriate certification;
  • this agreement has ended or notice to end the agreement has been provided;
  • your Card has expired; or
  • the Transaction type or circumstances are those where you have asked us to refuse a Transaction by applying a Card freeze (where we offer this service).

In any of the above situations it may not always be practical for us to give advance notice of the cancellation, suspension or refusal. If we suspend use of a Card for one of these reasons, we will let you use it again as soon as we are satisfied the reason no longer applies.

18.9 We are not responsible for any loss if a retailer or supplier refuses to accept your Card or, for the reasons set out above, we refuse to process a Transaction or delay in doing so or we suspend use of your Card.

18.10 We use systems to identify Transactions that seem unusual and help us prevent the misuse of your account. If we think a Transaction involves misuse, we may tell the retailer to turn down the Transaction or to check with us before processing the Transaction. So there might be a delay before a retailer agrees to a Transaction, and you might not always be able to make a Transaction straight away, or at all.

  • If you are thinking of making an unusual Transaction, please let us know beforehand so we can try to avoid delays.
  • We may contact you about any Transactions made using your Card that seem unusual.

If you are planning an unusual Transaction, please let us know beforehand so we can try to avoid delays. We will not be liable for any loss to you as a result of any delay or if we do not allow the Transaction to be made for this reason.

18.10 A retailer may be unable to immediately tell you that a Transaction has been refused. You can contact us to check a Transaction or (unless the law prevents us from telling you) to find out why we have refused one. We can then tell you whether or not you can take action to fix the problem that led to the refusal.

18.11 If we refuse a Transaction or refuse to allow you to make a payment into your account or are unable to carry out a Balance Transfer then (unless the law prevents it) we will, at the earliest opportunity, try to let you know of our refusal or that we are unable to carry out your Balance Transfer request. However, it may not always be practical to give advance notice. For Purchases, the retailer will be told of the refusal and is likely to ask for alternative payment. For Cash Withdrawals, the cash machine will state if the Transaction is declined. You can also contact us to find out why we have refused and whether there is anything you can do to deal with the problem that led to our refusal (unless the law prevents us from telling you).

18.12 If you wish to cancel a Transaction:
(a) We cannot cancel a Purchase once you have given your consent to make the Purchase to a retailer (you will need to contact the retailer separately). However, if you wish to cancel Transactions made on a regular basis using your Card, such as magazine subscriptions, you can ask us to stop the payment no later than the close of business on the Business Day before the Transaction was due to take place. We also advise you to contact the person you make the payment to so that they do not keep trying to take the payment. You will need to contact them if you want to cancel your agreement with them in any case, as we cannot do that for you. You will also need to tell anyone you make regular payments to if your account is closed or your Card number changes, otherwise they may not be able to collect your payments. If you do miss a payment for this reason, we will not be liable to you for any loss you suffer as a result.

If you tell us to make any other type of Transaction we cannot change or cancel your instruction (including a Transaction initiated by a PISP) as we start processing it when we receive it. In some cases, we may be able to cancel a Transaction at a later time; you can call us to find out whether this will be possible.

19. PAYMENTS INTO YOUR ACCOUNT

19.1 Payments must be made in pounds Sterling and must reach us by the payment due date. If you do not send your payment in pounds Sterling, we will convert it using our standard exchange rates and will confirm the exchange rate we use in writing afterwards. You can find out details of our standard exchange rates by calling us. You will need to allow time for us to receive the money before the due date. You will not break this term if a payment is late only because we have failed to process it as soon as we get it. You must always make your Minimum Payment.

Method of payment How it works When does it reduce your balance?
Direct Debit

You can set up the following Direct Debit repayment options:
(a) You can set up a Direct Debit to pay the Minimum Payment. Once you set up any Instalment Plans, we will then take the Minimum + Instalment Plan Payment shown in your statement on the payment due date or any other date we inform you of in advance;
(b) You can set up a Direct Debit to pay any amount you choose. Where the Minimum + Instalment Plan Payment is more than the amount you have chosen to pay, we will take the Minimum + Instalment Plan Payment. Where your Minimum + Instalment Plan Payment is less than the amount you have chosen to pay, we will take the amount you have chosen (and this option may result in you paying Instalment Plans down quicker, although we will normally pay any extra amount off your Main Balance first. Condition 8 details how we will apply your payment). Where the balance on your account is less than the amount you have chosen to pay, we will take the amount of the balance on your account;
(c) You can set up a Direct Debit to pay the full balance on your account. Once you set up any Instalment Plans, we will then take the Main Balance each month plus the Instalment Plan Payment. This is the Main Balance + Instalment Plan Payment.

To set up or amend a direct debit:
- call us;
- use Online Banking (if registered); or
- visit a branch.
Your Direct Debit amount will not automatically reduce to take account of any payments you make after your statement date. The date of your Direct Debit will be shown on your statement.

When you set up a new Direct Debit this will take effect from your next statement date or any other date that we tell you.

We will take the payment on the date shown on your statement or, if this is not a working day, on the next available working day. We will apply the funds to your Card account the same day.

To cancel your Direct Debit, you need to contact your current account provider. Please also tell us if you do this.

Online Banking
(if registered)
If you have a Halifax current account you can use Online Banking to make payments to your Credit Card online. Your payment will normally be credited to your Card account within 2 hours and at the latest by close of business on the next working day.
Another online banking or Card service You can also make a payment through another bank's online banking or Card service using:
a) the sort code and account number on your statement; and
b) your Halifax Credit Card number as your reference.
We will apply the funds to your Card account on the working day we receive them. Please check with your bank when we will receive your payment. We recommend you allow at least one working day for your payment to reach us.
Telephone If you have a Halifax current account, you can make payments by phone.

If you are registered for Telephone Banking, your payment will normally be credited to your Card account within 2 hours and at the latest by close of business on the next working day.

If you are not already registered, we will normally credit your payment to your Card account on the next working day.

Branch

You can usually pay by cash or cheque at any Halifax branch.

You can also instruct us in branch to transfer funds from your Halifax current account to your Card account.

Some kinds of payments are not available if you use a counter-free branch, and different limits may apply. In addition, some self-service facilities are not available at every branch. You can contact us to find out the services offered at your nearest branch.

You should make cheque payments at least 4 Business Days before your payment due date.
Changes in cheque clearing times may mean we can process your cheque quicker.
We will credit cash payments to your account on the same day we receive them.

You can pay at any other UK bank using the payment details on your Credit Card statement.

We will apply the funds to your Card account on the Business Day we receive them. Please check with your bank when we will receive your payment. We recommend you allow at least one Business Day for your payment to reach us.

Post Send us your cheque payable to Halifax quoting your name and Card number (see the ‘How to pay’ section on your statement for details). You must allow at least 7 Business Days for the payment to reach us.
Payments by debit Card You can pay by debit Card by phone, Online Banking, or on the mobile app. We will apply the funds to your Card account on the Business Day we receive them. We recommend you allow at least one Business Day for your payment to reach us.

19.2 You must repay the amount of over limits and arrears as soon as we ask you to. Any payments you make will pay off the longest outstanding arrears first. If you miss a Minimum Payment one month your statement for the next month will show that month's Minimum Payment together with the Minimum Payment you failed to make the previous month.

19.3 We will provide you with a monthly statement each month there has been activity on your account, and a payment is required or if you owe us anything at your statement date. It will include information about Transactions, payments towards your account, charges and currency conversions on your account. If you have set up Instalment Plans, the statement will show the following for each Instalment Plan: name, the number of payments remaining, each monthly instalment payment amount and the outstanding balance. The statement will show your Main Balance, your Minimum Payment, and your Minimum + Instalment Plan Payment. It is your responsibility to ensure that you read your statements and any other information provided with them, whether you receive them as paper or electronically. You must pay us even if you do not get your statement for any reason. In these cases you must contact us to find out the Minimum Payment due that month. You should tell us as soon as possible if your statement seems wrong or if you do not receive your monthly statement. You may change your statement date up to twice in any 12 month period. If you want to change your statement date you need to contact us.

19.4 If you owe us money under this agreement, we may take payment from current or savings accounts you have with us if you don’t pay us on time. This includes joint accounts, and you should ensure you make any joint account holders aware of this. If we choose to exercise this right, we will first check that you have enough left in your accounts to cover essential living expenses. We will also follow any relevant guidance in a code of practice that applies to us, or as required by our regulator or another similar body.

19.5 If we owe you any money in connection with any Transactions, interest or charges on your account we may use that money to reduce any arrears you owe under this agreement. If we intend to do this we will tell you when we offer to make a payment to you. We will also follow any relevant guidance in a Code of Practice that applies to us, or as required by our regulator or another similar body.

19.6 You must not make payments or transfer funds from another credit or store Card to your account that would leave a credit balance on your account. We may return any funds that exceed the balance owing on your account to the account from which the money has been sent.

19.7 We may refuse a payment to your account if:

  • the payment would create or increase a credit balance on the account; or
  • we believe that doing so may cause us (or another company in the Lloyds Banking Group) to breach a legal requirement or may expose us (or another company in the Lloyds Banking Group) to action from any government or regulator.

20. REFUNDS & MISTAKES

20.1 You can ask us to refund a Purchase (and any interest we have charged on it) if the conditions set out below are satisfied. We may ask you to provide information which is reasonably necessary to investigate whether or not you are entitled to the refund. In addition, you may also find it helpful to contact the retailer who was paid. The conditions are that:

  • the Purchase was made from a retailer in the “EEA” (which includes Norway, Iceland and Liechtenstein as well as EU member states);
  • you did not agree a specific amount when agreeing to make the payment;
  • the amount turned out to be more than you could have reasonably expected in the circumstances (including your previous spending patterns); and
  • you ask us for the refund within eight weeks of the date the payment was made from your account.

If you query the payment more than eight weeks after it was taken from your account, or the payment was made to a retailer outside the EEA, we are not obliged by law to make a refund ourselves but we will tell you if we can help or suggest other steps you could take.

20.2 We will otherwise only credit refunds for Purchases when we receive proper vouchers or confirmation acceptable to us and we normally charge interest until then. We will refund interest on Transactions that were incorrectly charged to your account.

20.3 We will refund the amount of a Balance Transfer (including any interest, fees or charges we charge you as a result) without undue delay if you instruct us or a PISP to make a Balance Transfer and we or they do not properly make it or it never arrives. You should notify us as soon as you become aware of any error. If there was a mistake in your instruction or we can show that the other bank received the Balance Transfer, we will not be responsible but we will try to trace and recover the money for you on request. We may charge reasonable costs for recovering this money. If a PISP is responsible for the incorrect Balance Transfer, we will refund the amount of this (including any interest, fees or charges we charge you as a result) and we will seek to recover the funds from the PISP. You can also request the relevant information from us so that you can file a legal claim to recover the money.

20.4 Where we credit a refund to your account, that refund will usually be applied to your Main Balance first, but it may be applied to an Instalment Plan. If the refund is applied to an Instalment Plan, it may reduce the term of that Instalment Plan or the amount of the final instalment payment. Once your refund has been applied to your account, you may wish to adjust any Instalment Plan(s) by cancelling or setting up new plans to ensure they suit your needs.

20.5 If we are told, for example by another lender or bank, that money has been paid into your account by someone else by mistake, we can take from your account an amount up to the mistaken payment amount. We do not have to ask you to agree to this, but will let you know if it happens. If we are unable to return funds to that person, we can give them or their bank details about you and your account so that they can recover the money from you. If the amount has been moved into an Instalment Plan(s), this may result in a change to the number of payments required for any impacted Instalment Plans, We will act reasonably and try to minimise any inconvenience to you.

21. CHANGING YOUR CARD TYPE

21.1 We may change your Card Type or issue a different Card Type from the one you applied for, as well as or instead of an existing Card. By signing the agreement you are asking us to do so. If your Card Type changes, we may also change your Card and account number. We will also tell you if the standard interest rates, fees, charges, credit limits or Promotional Offers will change. We cannot change the terms of Promotional Offers you have already taken up. We will make changes in accordance with Condition 25.

21.2 We may issue an additional Card that is of a different Card Type to the Card you already hold. If we do this your account will operate as a single Card account with a single credit limit accessed by any of the Cards associated with your account. We may also give you other means of accessing your account

22. ENDING THE AGREEMENT

22.1 We may end this agreement immediately if:

  • there is illegal or fraudulent activity on or connected to the account;
  • you are or may be behaving improperly – for example, in a threatening or abusive way;
  • by continuing the agreement any company in the Lloyds Banking Group may be exposed to action from any government, regulator or other authority or may break a regulatory requirement; or
  • you have seriously or repeatedly broken this agreement in any other way.

In any other case, we will give you two months' notice in writing. You can give us notice to end the agreement at any time.

22.2 If either of us gives notice to end this agreement:

  • you must stop making any Transactions, destroy all Cards, cancel any recurring Transaction instructions and repay your full balance;
  • the agreement will continue until you have repaid all amounts you owe us including amounts added to your account after notice was given; and

22.3 any Instalment Plans already set up will continue until the end of the selected term providing you continue to pay at least the Minimum + Instalment Plan Payment each month. If you pay less than the Minimum + Instalment Plan Payment, any plans where the monthly instalment remains unpaid at the date on which your next statement is produced (and after your payment has been allocated) will be cancelled. However, you will not be allowed to set up any new Instalment Plans.If we say you can end the agreement in response to a change we make, this means you can tell us before the change takes effect that you want to end your agreement. The change will then not apply to you unless we have to make the change to comply with regulatory requirements. You will be able to repay your balance by making monthly payments at the existing rate and terms and conditions, and this agreement will not end until you have paid everything you owe.

22.4 We may require immediate repayment of everything you owe under this agreement if you die, are made bankrupt, act fraudulently or break this agreement repeatedly or seriously. But before demanding payment we will always follow legal requirements for your protection.

23. CHANGES

23.1 As this agreement could last a long time, we may need to change its terms occasionally. We can foresee some of the reasons we may want to do this and have listed them below, but in future we may also want to make changes for other reasons. We will tell you in advance about these changes and how they will affect you. You can end your agreement if you do not want to accept some changes, as explained below.

23.2 We can change (including introduce new):

  • interest rates;
  • fees or charges; and
  • any other term in this agreement (such as your credit limit, Minimum Payment or Card type).

23.3 We cannot change terms that we tell you are fixed (such as interest rates fixed for a set period).

23.4 We may make changes for a reason set out below. If we do, the change will be a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us.

Reason For example
A change in the cost of running our accounts, including changes in our funding costs. If there is a change in the amount we have to pay to borrow the money we lend our customers, we may need to change what we charge for borrowing.
A change in law, regulation, code or industry guidance that applies to us including a requirement of a court, ombudsman or similar body, or an undertaking we give to a regulator.

We may have to update our security terms because new legislation introduces tighter standards.

We may have to make changes to your agreement if a regulator requires us to treat certain customers such as those with longstanding debt, including customers in or at risk of falling into persistent debt, in a particular way.

A change in the products or services we provide or the way we provide them, including our IT and accounting systems. We may need to make changes if we introduce additional services on Card accounts, or if a change to our computer systems means we can no longer provide a feature of your account or need to provide it in a different way.
Any other change that affects us, if it is fair to pass on its impact to you. We may introduce new measures to combat fraud or make changes to reflect developments in digital payments.
To do something positive for you. Our terms may have to change because new technology allows you to make payments in new ways.

23.5 We can make changes (except changes to default charges), if we think there is an increased likelihood that you will not be able to pay us what you owe on time. This may be because of things that are personal to you such as if:

  • you have broken this agreement, for example you have missed payments, gone over your credit limit several times or a payment you make to us is not honoured;
  • the types of Transaction you make (or their value or frequency) indicate riskier behaviour, e.g. unexpectedly high cash withdrawals or large gambling Transactions;
  • you have broken the conditions of another agreement you have with us or another part of Lloyds Banking Group;
  • we are told by credit reference agencies about changes in your financial status.

We will not increase your interest rate if we know you are at risk of financial difficulties.

23.6 We can make changes to reflect the way you use your account (for example, we may reduce the number of days between the statement date and the payment date if you always pay off your balance in full).

23.7 We may increase your Minimum Payment by changing the calculation in Condition 3 if we consider that you are in persistent debt, or at risk of falling into persistent debt, where we consider it to be fair and reasonable to do so. This will enable you to reduce the amount of interest you will pay on your account and the time it takes you to clear your balance. ‘Persistent debt’ means that over an 18-month period you have paid more in interest and charges than you have paid off your Main balance and your Instalment Plan balance.

23.8 We can also make changes for any other reason. For example, we may need to respond to changes in the financial services industry, caused by increased competition, which affect how we provide our services and what we charge for them.

23.9 We will tell you in writing about any changes. The table below shows when we will tell you about different changes, and when you can end the agreement if you do not want to accept the change.

Type of change When we tell you Can you reject the change?
Change to your advantage At least 7 days before the change No
Change to your disadvantage (other than interest rate changes) At least 30 days before the change Yes, you have at least 30 days to reject, but this will end your agreement – See Condition 22.
Change to interest rates to your disadvantage At least 60 days before the change Yes, you have at least 60 days to reject, but this will end your agreement – see Condition 22.

24. GENERAL

24.1 We will contact you using the contact details you give us. Where we say we will write to you we will send a letter, unless we are able to write to you individually in some other way (such as by email, text, including a message in your statement or by providing information to your secure personal area within Online Banking) and we reasonably think it is appropriate to do so.

24.2 If you provide your mobile phone number or email address, we will register you for our free account alerts service so we can send you messages to notify you of certain activity regarding your Card. We will use the most recent contact details we hold for you.

24.3 You can request electronic correspondence (including paperless statements, emails or texts) to be provided to your secure area within Online Banking or ask us to start sending you paper correspondence. You can do this by contacting us or by logging into Online Banking and going to the “Manage Online and Paper Preferences” page. We will not amend any electronic correspondence provided to your secure personal area within Online Banking.

24.4 Where we send you information using Online Banking, you will receive an email from us when a document is ready for you to view. If we know that the email has not been delivered, we may resend it or return your preferences to paper correspondence.

24.5 You must tell us if your name or contact details change - you can do this by visiting a Halifax branch or sending us a change of name/address form (which you get in branch or online). If you do not tell us, we will go on using the details you last gave us, and we will not be responsible if we fail to contact you or if we send confidential information to the wrong address using out of date details. We may charge you our reasonable costs of finding you (or trying to find you) if your contact details are not up to date.

24.6 You may not transfer any of your rights or obligations under this agreement.

24.7 We may transfer our rights and obligations under this agreement (including our obligation to lend) to someone else but your rights under this agreement will not be affected if we do so.

24.8 A person who is not a party to this agreement has no rights to enforce it.

24.9 This agreement is unsecured regardless of the terms of any security charge you may have given, or may in the future give, to us in relation to other borrowings.

24.10 We may offer (and withdraw) extra benefits and services that are not covered by this agreement. If we do this, we will provide separate terms at the relevant time.

24.11 We may choose not to enforce our contractual rights against you and make this contractually binding against us by giving you a notice which expressly states that we have chosen to do so under this term of the agreement. In all other cases, if we choose not to exercise rights against you, we can still do so later.

24.12 Each term or part of a term of this agreement operates separately. If any court of competent authority decides that any of them are unlawful or unenforceable, the other terms will remain in full force and effect.

24.13 Unless you have a legal right to do so, you must not hold back a payment you owe us because of a disagreement between you or an additional cardholder and a third party if doing so means you will be failing to pay an undisputed debt (a debt you have not disputed with us).We will tell you without delay if there is a major operational or security incident that may affect you. We will explain what you need to do.

24.14 We are not liable if a retailer or another bank (or its cash machine or other machine) does not accept your Card or Card number. Where you wish to pay a retailer, its bank will tell it whether to accept or refuse the payment.

24.15 You can usually use our cash machines and your Card to make Purchases, at any time but occasionally, repairs, updates and routine maintenance on our systems and those of our suppliers may mean that a particular service cannot be used for a short time (usually just minutes).

24.16 We will not be liable if we break this agreement because of:

  • abnormal and unforeseeable circumstances outside our control, where we could not avoid breaking this agreement despite all efforts to the contrary – this may include, for example, delays or failures caused by industrial action, problems with another system or network, mechanical breakdown or data-processing failures; or
  • our obligations under UK or European Community law.

24.17 As this agreement is made with you as a personal customer, we will not be liable for any business losses or costs you suffer (such as loss of business profits or opportunities).

24.18 Nothing in this agreement limits our liability for acting fraudulently or very carelessly or otherwise excludes or limits our liability to the extent we are unable to exclude or limit it by law.

24.19
(a) Unless you are resident in Scotland at the time this agreement is entered into, English law will decide any legal questions about it, and about our dealings with you with a view to entering into this agreement. In addition, the courts of England and Wales will have exclusive jurisdiction regarding this agreement, subject to (c) below.
(b) If you are resident in Scotland at the time this agreement is entered into, Scottish law will decide any legal questions about it, and about our dealings with you with a view to entering into this agreement. In addition, the Scottish courts will have exclusive jurisdiction in relation to this agreement, subject to (c) below.
(c) However, if you have a dispute arising out of the operation of one of our branches, agencies or other establishments, the dispute may be brought in the courts where that branch, agency or other establishment is located. In such circumstances, the law of the place in which the branch, agency or other establishment is located will decide any legal questions about this agreement and our dealings with you with a view to entering into it.

24.20 You may at any time during the term of this agreement request a copy of this agreement.

24.21 General law (for example, about banking or consumer protection) applies to this agreement and the services we provide to you under it. For further information about your statutory rights contact your local Trading Standards Department or Citizens' Advice.

24.22 Unless the general law cannot be changed or excluded this agreement applies if there is any difference between it and the general law.

24.23 Our charges include any delivery costs and any tax you have to pay through us. You may have to pay other taxes or costs that you do not pay us or through us.

24.24 We provide this agreement in English and will communicate with you in English.

25. DEFINED TERMS

"Balance Transfer": any amount (minimum £100 or another amount we tell you) we allow you to transfer to or from another UK account.

"Business Day": Monday to Friday (other than English bank holidays).

"Card": any Credit Card or Credit Card number issued under this agreement, including renewal, replacement or additional Cards and Card details stored on an electronic wallet, smart phone or another device.

"Card Type": any Card we issue under the Visa, Mastercard or any other Card acceptance scheme branding or the overall branding of the Card.

"Cash Withdrawal": cash withdrawals, advances made by Card or Card number, gambling Transactions, Purchases of currency and cash related Transactions, such as the Purchase of travellers cheques, money orders or gaming chips.

"Instalment Plan": A balance on your account that you have identified you want to make sufficient payments to pay off within an identified timeframe. You can set up more than one Instalment Plan on your account (subject to Condition 16).

"Instalment Plan Payment": This is the amount included in your Minimum + Instalment Plan Payment that is paying off the monthly amounts you need to pay to clear all Instalment Plans (including interest) over the time that you have set.

“Lloyds Banking Group”: means us and a number of other companies using our brands, which include Lloyds Bank, Halifax and Bank of Scotland, MBNA and their associated companies. More information on the Lloyds Banking Group can be found at www.lloydsbankinggroup.com

"Minimum + Instalment Plan Payment": This is the total payment needed to cover the Instalment Plan Payment and the Minimum Payment on the Main Balance. Where you do not have a Main Balance, your Minimum + Instalment Plan Payment will be the Instalment Plan Payment. This amount will be shown on your statement and on Online Banking.

"Minimum Payment": This is the minimum amount you must pay each month otherwise you will be in breach of this agreement. Details of how it is calculated are set out in Condition 3.1.

"Minimum Payment on the Main Balance": This is the amount of your Minimum Payment which relates to the Main Balance only. This will be added to the Instalment Plan Payment to make the Minimum + Instalment Plan Payment you are required to pay each month.

"PIN": Personal Identification Number.

"Promotional Offer": an offer where preferential terms (such as lower interest rates) apply for a specified period. Condition 6.3 tells you whether these preferential terms are available at the date of the making of this agreement and what these terms are. We will put a message in your statement to remind you when a Promotional Offer is coming to an end. We may inform you before you make a Transaction or set up an Instalment Plan of any other preferential terms which may be available.

"Purchase": a payment for goods or services that you make or authorise by Card or Card number.

"Security Details": details or security procedures we tell you about from time to time which you must follow or use to give an instruction, confirm your identity or access a device – for example a password, security code, PIN or biometric data such as a fingerprint.

"Third Party Provider (TPP)": An Account Information Service Provider (AISP) or a Payment Initiation Service Provider (PISP) authorised by law to access information or to give instructions to make certain online TransactionsTransactions for you.
An AISP provides online account information services. If you have given them your permission, the AISP will be able to access certain online account information from one or more other providers to give you a consolidated view.
A PISP provides online payment initiation services. If you have given them your permission, the PISP will initiate any TransactionsTransactions you can make through your Online Banking (e.g. Balance Transfers).

"Transaction": Purchases, Cash Withdrawals and Balance Transfers.

"We"/"us"/"our": Bank of Scotland plc and any person we may transfer our rights or duties to.