TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details). We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; or • the transaction would exceed a transaction limit of some sort or take your account over your spending limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as you notice an unauthorised transaction has been made from your account. We'll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we've completed our investigations, if we find you weren't entitled to a refund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We'll normally apply payments to your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statement; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you.
Appears in 6 contracts
Samples: Charge Card Agreement, Charge Card Agreement, Charge Card Agreement
TPP. If we dodo this, we'll we will tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How You must check the information provided to you can authorise and cancel transactions To authorise a transaction you can present a card by the TPP, to ensure that they are authorised or permitted by law to provide your account details and, if required, use payment services to you. If we become aware that an unauthorised third party is using your security details (such as a PINdetails, passcode, personal identifiers, biometric data or other details)we may block access to your account. We may deactivate contactless payments at any time. You can't cancel purchases Can you make with a card but claim against us where you can cancel other transactions that you've asked have a claim against a supplier? If you purchase any item of goods or any services costing between £100 and £30,000 under this Agreement you may have a right to claim against us to make in as well as the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction supplier if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; or • the transaction would exceed a transaction limit of some sort or take your account over your spending limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through the goods fail to arrive or are not of satisfactory quality or the supplier made a transaction representation which you know will be treated as relied on about the goods which was not accurate. However, if you have a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse dispute with someone else over a transaction, you'll normally be told at you must keep making payments to us while you are resolving it. How can you make a payment? Direct Debit Call us or go to online account manager to set up a Direct Debit which means that we will ask for a payment from your bank each month automatically. You can choose how much you want to pay each month as long as it is not less than the point of sale. In all casescontractual minimum payment, you can find out about transactions we've refused, including: • the contractual minimum payment and your total monthly instalment payment (if any) and any recommended extra payment; • the contractual minimum payment and your total monthly instalment payment (if any) and a regular boost payment; • the full balance (including the reasons why any Buy Now Pay Later balances and any instalment plan balances); or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons• a fixed amount. If you have previously opted to pay the contractual minimum payment and we don't authorise a transaction or a retailer doesn't accept recommend an extra payment then, unless you tell us you would prefer not to pay the card we're not responsible for recommended extra payment, we will increase the amount that we collect by Direct Debit that month to ensure that your recommended extra payment is paid. We will also increase the amount to cover any lossinstalment payments. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told We will tell you how you can contact let us know that you do not want to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as you notice an unauthorised transaction has been made from your account. We'll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we've completed our investigations, if we find you weren't entitled to a refund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guessrecommended extra payment. If you or have opted to pay a supplementary cardmemberfixed amount and this amount is not enough to pay your contractual minimum payment and any instalment payments, register a card for use on a mobile phone or other devicewe will increase the amount that we collect by Direct Debit that month to ensure that these payments are made. If you pay by Direct Debit and any previous contractual minimum payments have still not been paid, you or we will always make sure that the supplementary cardmember, mustDirect Debit amount we collect will be sufficient to pay these. Please note: • keep if we believe your bank may have cancelled your Direct Debit as it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning used for an extended period of time, we may not attempt to collect future payments this agreementway. If this is the use of a card is stopped for any reasoncase, the use of all other cards issued on your account may also be stopped at the same timewe will let you know. If you Online You can register for online account services, you must keep management and make payments using a debit card. Allow one working day for the payment to reach your security details account. Automated telephone service • Call 0000 000 0000* to make a payment 24 hours a day. Internet Banking/Telephone Banking Contact your bank or building society and use the following details: Account number: 00000000 Sort code: 09-01-09 You should use your 16 digit NewDay account number as a reference. At a bank Use the payment slip provided with your paper statement (such as your username, password or other detailsif available) and also make sure that the cheque is made payable to NewDay Ltd and includes your mobile phone or other device safe 16 digit account number on the first line as a reference. Allow 5 working days for the payment to reach your account. Cheques Make sure that the cheque is made payable to NewDay Ltd and secure. How to pay You must make payments to us in Pounds Sterling by any method set out includes your 16 digit account number on your statement or any method we otherwise tell you about or permit you to use. You must make the first line as a separate payment for each account you hold with usreference. If you send payments together and don't clearly designate are paying more than one account with a single cheque, tell us the account amount to be paid, we may apply payments credited to any each account. We'll apply any Send your payment to: NewDay Ltd XX Xxx 000 Xxxxxxxxx X00 0XX You should allow 7 working days for the payment to reach your account on the day we receive it, as long as this is within our business hoursaccount. We'll apply What happens if you cannot make a payment or access your account? We will not be liable for any payment we receive after that time on the next business day. How we apply payments We'll normally apply payments to your account in the following orderloss due to: • any cardmembership fee failure or delay in providing our service caused by strikes, industrial action, failure of power supplies or computer equipment, or other unusual or unforeseeable causes beyond our reasonable control; or • a retailer or cash machine not accepting, or retaining, your card, or the way in which this is conveyed to you. How and supplementary cardmembership feeswhen can this Agreement be ended? You can end this Agreement at any time and without charge by giving us notice and paying your balance in full. We can end the Agreement by giving you 2 months’ notice in writing. In each case, you (and any additional cardholder) must stop using the account. The Agreement will continue until you have repaid everything you owe. If: • you repeatedly fail to pay contractual minimum payments on time or go over your credit limit; or • we find that any information you provided as part of your application was materially incorrect or misleading; or • you are declared bankrupt or have similar proceedings taken against you; or • we reasonably suspect any fraud or other criminal activity in connection with this Agreement or you have been using the card for an illegal purpose; we can: • demand immediate repayment of the amount you owe on the account; • service charges disclose information about you and the conduct of your account to licensed credit reference agencies (which would make it more difficult for example, statement copy fees) and any cardmembership joining fee (if applicableyou to borrow in future); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statement; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • bring legal action to recover what you owe us (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) ); and • require you to pay our reasonable costs and expenses for taking action to obtain payment, including legal costs; but we will give you advance notice and the chance to fix the breach before taking any of these steps (unless the problem cannot be fixed). If we choose not to enforce our rights under this Agreement at any time, we may enforce them at a later date instead. Clearing your balance You can pay off all or bankruptcy proceedings part of your balance at any time. We process payments automatically so if we accept a part payment marked “payment in full” or similar words, we may still claim the full amount outstanding. Payment scheme Logo If your card has a payment scheme logo on it, it can be used at all outlets and cash machines displaying that logo. Cards without that logo may be taken against used at the retailer whose name is on the card and, if we let you know that you can (i) at other retailers in that group and (ii) at other suppliers, but not elsewhere. If you have a card without a payment scheme logo on it, we may replace it with a card with the logo, unless you have told us not to recover any debt owed and we may replace a card with a different payment scheme logo on it as long as we think that you will get the same or better service. Can we transfer our rights and obligations under this agreementAgreement? We may transfer our rights and our obligations under this Agreement to someone else, including information about you and how you have managed your account. Payments into We will tell you if we do this unless there are circumstances which mean that the servicing of your account will not change. Your rights under this Agreement and any legal rights you have, for example, under the Consumer Credit Xxx 0000, will not be affected by mistake If any transfer. You cannot transfer any rights you have under this Agreement to anyone else. What law governs this Agreement? This Agreement and our dealings with you before the Agreement is made are governed by the laws of England and Wales. Any dispute can be dealt with by an English or Welsh court unless your address is in: • Scotland (where it will be dealt with by the courts of Scotland); or • Northern Ireland (where it will be dealt with by the courts of Northern Ireland). This Agreement will be provided in English only. Important information How we make a use your information You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment into your account 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 mistake or as a result of a systems error, we'll automatically take the amount out of closing your account. If we're told you do this, we will stop using your data for this purpose, but may continue to process your data for other purposes. How you can contact us You must let us know of any changes to your contact details immediately. If you need to update your contact details, ask for information, tell us that you want to withdraw from the Agreement or make a payment from within complaint please: • write to: NewDay Ltd, Customer Service Department, X.X.Xxx 000, Xxxxx XX00 0XX • call 0000 000 0000* • online: go to xxx.xxxxxx.xx.xx and select “contact us” • We and our authorised agents and representatives may record and/or monitor telephone conversations with you and any additional cardholder so that we can maintain our service standards. How we will contact you We will communicate with you in English. We may give you notices or other information about your credit card, for example, in your monthly statements (in paper and electronic). We will use the European Economic Area most recent address (EEApost and email) was made into your account as a result and telephone and mobile numbers you have given us for all purposes. If we need to contact you about any actual or suspected fraud or security threats, we will do this using the fastest and most secure way of someone else's mistake contacting you (for example, we may try to send a text message rather than telephone). How can you make a complaint? If we do not provide the standard of service you expect, or if you think we have made a mistake, please let us know so we can investigate, put matters right and take steps to prevent it happening again. You can contact us using the payer gave details above. If you are not happy with the wrong account number or reference), but, when way that we contact youdeal with your complaint, you tell us may be able to refer your complaint to the payment was intended Financial Ombudsman Service by writing to Financial Ombudsman Service, Xxxxxxxx Xxxxx, Xxxxxx X00 0XX, calling 0000 000 0 000 or 0000 000 0 000 or sending an email to xxxxxxxxx.xxxx@xxxxxxxxx-xxxxxxxxx.xxx. uk. You can find out more about the Financial Ombudsman service on their website at xxx.xxxxxxxxx-xxxxxxxxx.xx.xx. If you applied for youyour card online, we're legally required you can also contact the Financial Ombudsman Service via an Online Dispute Resolution (ODR) platform that has been created by the European Commission. The email address to share all relevant include in the ODR form is XXX@xxxxxx.xx.xx. The ODR platform will forward your complaint to the Financial Ombudsman Service. For more information including your name about ODR please visit the European Commission website (xxxxxxx.xx.xxxxxx.xx/xxx/xxxx/xxxxx.xxx). Our credit card customers would not qualify for compensation under any statutory or other compensation scheme should we become unable to meet our liabilities. Who we are and address and transaction information how we are regulated NewDay Ltd is a company registered with the bank Registrar of Companies for England and Wales, Company Number 7297722, Registered Office: 0 Xxxxxxxxx Xxxxxx, London, N1C 4DA. We provide credit products to consumers and we are authorised and regulated by the Financial Conduct Authority (reference number 690292); NewDay Ltd is also authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 (reference number 555318) for the provision of payment came from if they ask us so that services. The Financial Conduct Authority can be contacted at 00 Xxxxxxxxx Xxxxxx, Xxxxxx X00 0XX or by using the payer may contact youdetails provided at xxx.xxx.xxx.xx/xxxxxxx. We are a member of the Finance and Leasing Association (the FLA). We subscribe to the code of the FLA.
Appears in 4 contracts
Samples: Credit Card Agreement, Credit Card Agreement, Credit Card Agreement
TPP. A TPP is a third-party service provider that’s authorised by or registered with the Australian Prudential Regulation Authority or otherwise permitted by law to access information and make payments on online banking payment accounts operated by other providers (such as banks, building societies and credit card issuers) and has your permission to do this. If we doyou choose to use a TPP, the terms of this agreement will still apply. We’ll give the TPP access to account information and you’ll be able to make the same payments through the TPP that you would be able to make if you were dealing with us on the internet. Although you must not, generally, give your security details to anyone else, you may give them to a TPP if it’s necessary to allow them to provide their services to you. We may refuse to allow a TPP to access your account if we'll ’re concerned that the TPP is acting on an unauthorised or fraudulent basis. We’ll tell you why in the way if we think most appropriate do this (unless we believe doing so would compromise our reasonable fraud prevention or security measures or would otherwise be unlawful). How You must check from the information provided to you can authorise and cancel transactions To authorise a transaction by the TPP that they are authorised. If you can present a card or provide your account details and, if required, use give your security details (such as a PINto an unauthorised third party, passcode, personal identifiers, biometric data or other details). We may deactivate contactless payments at any time. You can't cancel purchases we’ll assume it’s you make with a card but you can cancel other transactions that you've asked is authorising us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due give access to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on information about your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; or • the transaction would exceed a transaction limit of some sort or take your account over your spending limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods accounts and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't ’ll be responsible for any transactions payments made by as a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misusedresult. If there are errors in a transaction and this we’re aware that an unauthorised third party is our faultusing your security details, we'll give ’ll block access to your accounts to protect your account. If you think a refund. We may then resubmit the correct transaction. You payment made through a TPP was unauthorised or incorrect you must contact call us as soon as you notice an unauthorised transaction has been made can. If we use a TPP to help us provide services to you, these other TPPs may also impose account/channel limits, which we will inform you of. If a TPP can’t be used, we’ll try and make your payment in another reasonable way, which will take longer. You should always allow sufficient time for payments from your account. We'll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we've completed our investigations, if we find you weren't entitled to a refund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on received by the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We'll normally apply payments to your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statement; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact person you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from ’re paying if they ask us so that the payer may contact youcan’t be made using a TPP.
Appears in 4 contracts
Samples: Personal Banking Agreement, Personal Banking Agreement, Personal Banking Agreement
TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable appropriate. We won’t tell you if the law stops us from telling you or if it wouldn’t be safe for security measures or otherwise be unlawful)reasons. How you can authorise approve and cancel transactions To authorise approve a transaction you can present a can: • use your card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to check that the instruction is from you. We may deactivate remove your ability to make contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership monthly subscription fees) if you ask us before the end of the business day before they are due to be made. This means on Monday-Friday from 9am-5pm and excludes any weekends and public holidays. For example, if you have a monthly subscription fee that is due to be charged to your account on a Tuesday, you can ask us to cancel this payment up to the end of the business day on Monday. When we can refuse to make authorise a transaction We may refuse to authorise not allow a transaction if: • we have reasonable grounds to reasonably suspect that the use of your account is unauthorised or improper use or fraudfraudulent; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required tonot to allow the transaction; • use of the card would be prohibited; • your card has been temporarily suspended; • you have insufficient funds available in your credit limit; or • the transaction would exceed a transaction limit of some sort or take your account over your spending credit limit. You may not use your account for illegal activities or in a manner way which disguises the true nature of the transaction, for example, : • by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, services – this is often known as ‘asking for cashback’; • using your account to send funds to yourself through a payment processor; • or by using your card at a merchant retailer you own or control. If we do refuse don’t allow a transaction, you'll normally be told at the point of saletime you make the transaction. In all cases, you You can always find out about transactions we've refused, including the reasons why or and any limits we may have put on your card, by calling us. We'll let We won’t be able to give you know this information unless if the law or any regulation prevents stops us from doing so telling you, not telling you will help prevent fraud or for fraud prevention or where there are other security reasonsreasons which means we can’t tell you. If we don't authorise allow a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised approved You're not responsible for any transactions: • made using the actual physical card (or any other physical payment device we may provide) before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify tell us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised approved by you or a supplementary cardmember; • which are not authorised approved by you or a supplementary cardmember or any other person you or a supplementary cardmember allowed, in breach of the agreement, allowed to use your account or card (even though you should be aware that you are not actually permitted to allow any other person to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused). You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but ). Where this happens, you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as you notice an unauthorised transaction has been made from on your card or account. We'll refund investigate and may suspend the amount of the unauthorised payment as soon as transaction on your account if we reasonably can, and, in any event, before the end of the working day after you tell usconsider there to be a valid issue. Once we've completed our investigations, if we find you weren't entitled to a refundinvestigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If accordingly which may include issuing you make with a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We'll normally apply payments to your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statement; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact yourefund.
Appears in 4 contracts
Samples: Credit Card Agreement, Credit Card Agreement, Credit Card Agreement
TPP. If we dodo this, we'll we will tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How You must check the information provided to you can authorise and cancel transactions To authorise a transaction you can present a card by the TPP, to ensure that they are authorised or permitted by law to provide your account details and, if required, use payment services to you. If we become aware that an unauthorised third party is using your security details (such as a PINdetails, passcode, personal identifiers, biometric data or other details)we may block access to your account. We may deactivate contactless payments at any time. You can't cancel purchases Can you make with a card but claim against us where you can cancel other transactions that you've asked have a claim against a supplier? If you purchase any item of goods or any services costing between £100 and £30,000 under this Agreement you may have a right to claim against us to make in as well as the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction supplier if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; or • the transaction would exceed a transaction limit of some sort or take your account over your spending limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through the goods fail to arrive or are not of satisfactory quality or the supplier made a transaction representation which you know will be treated as relied on about the goods which was not accurate. However, if you have a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse dispute with someone else over a transaction, you'll normally be told at you must keep making payments to us while you are resolving it. How can you make a payment? Direct Debit Call us or go to online account manager to set up a Direct Debit which means that we will ask for a payment from your bank each month automatically. You can choose how much you want to pay each month as long as it is not less than the point of sale. In all casescontractual minimum payment, you can find out about transactions we've refused, including: • the contractual minimum payment and your total monthly instalment payment (if any) and any recommended extra payment; • the contractual minimum payment and your total monthly instalment payment (if any) and a regular boost payment; • the full balance (including the reasons why any Buy Now Pay Later balances and any instalment plan balances); or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons• a fixed amount. If you have previously opted to pay the contractual minimum payment and we don't authorise a transaction or a retailer doesn't accept recommend an extra payment then, unless you tell us you would prefer not to pay the card we're not responsible for recommended extra payment, we will increase the amount that we collect by Direct Debit that month to ensure that your recommended extra payment is paid. We will also increase the amount to cover any lossinstalment payments. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told We will tell you how you can contact let us know that you do not want to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as you notice an unauthorised transaction has been made from your account. We'll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we've completed our investigations, if we find you weren't entitled to a refund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guessrecommended extra payment. If you or have opted to pay a supplementary cardmemberfixed amount and this amount is not enough to pay your contractual minimum payment and any instalment payments, register a card for use on a mobile phone or other devicewe will increase the amount that we collect by Direct Debit that month to ensure that these payments are made. If you pay by Direct Debit and any previous contractual minimum payments have still not been paid, you or we will always make sure that the supplementary cardmember, mustDirect Debit amount we collect will be sufficient to pay these. Please note: • keep if we believe your bank may have cancelled your Direct Debit as it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning used for an extended period of time, we may not attempt to collect future payments this agreementway. If this is the use of a card is stopped for any reasoncase, the use of all other cards issued on your account may also be stopped at the same timewe will let you know. If you Online You can register for online account services, you must keep management and make payments using a debit card. Allow one working day for the payment to reach your security details account. Automated telephone service • Call 0000 000 0000* to make a payment 24 hours a day. Internet Banking/Telephone Banking Contact your bank or building society and use the following details: Account number: 00000000 Sort code: 09-01-09 You should use your 16 digit NewDay account number as a reference. At a bank Use the payment slip provided with your paper statement (such as your username, password or other detailsif available) and also make sure that the cheque is made payable to NewDay Ltd and includes your mobile phone or other device safe 16 digit account number on the first line as a reference. Allow 5 working days for the payment to reach your account. Cheques Make sure that the cheque is made payable to NewDay Ltd and secure. How to pay You must make payments to us in Pounds Sterling by any method set out includes your 16 digit account number on your statement or any method we otherwise tell you about or permit you to use. You must make the first line as a separate payment for each account you hold with usreference. If you send payments together and don't clearly designate are paying more than one account with a single cheque, tell us the account amount to be paid, we may apply payments credited to any each account. We'll apply any Send your payment to: NewDay Ltd XX Xxx 000 Xxxxxxxxx X00 0XX You should allow 7 working days for the payment to reach your account on the day we receive it, as long as this is within our business hoursaccount. We'll apply What happens if you cannot make a payment or access your account? We will not be liable for any payment we receive after that time on the next business day. How we apply payments We'll normally apply payments to your account in the following orderloss due to: • any cardmembership fee failure or delay in providing our service caused by strikes, industrial action, failure of power supplies or computer equipment, or other unusual or unforeseeable causes beyond our reasonable control; or • a retailer or cash machine not accepting, or retaining, your card, or the way in which this is conveyed to you. How and supplementary cardmembership feeswhen can this Agreement be ended? You can end this Agreement at any time and without charge by giving us notice and paying your balance in full. We can end the Agreement by giving you 2 months’ notice in writing. In each case, you (and any additional cardholder) must stop using the account. The Agreement will continue until you have repaid everything you owe. If: • you repeatedly fail to pay contractual minimum payments on time or go over your credit limit; or • we find that any information you provided as part of your application was materially incorrect or misleading; or • you are declared bankrupt or have similar proceedings taken against you; or • we reasonably suspect any fraud or other criminal activity in connection with this Agreement or you have been using the card for an illegal purpose; we can: • demand immediate repayment of the amount you owe on the account; • service charges disclose information about you and the conduct of your account to licensed credit reference agencies (which would make it more difficult for example, statement copy fees) and any cardmembership joining fee (if applicableyou to borrow in future); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statement; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • bring legal action to recover what you owe us (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) ); and • require you to pay our reasonable costs and expenses for taking action to obtain payment, including legal costs; but we will give you advance notice and the chance to fix the breach before taking any of these steps (unless the problem cannot be fixed). If we choose not to enforce our rights under this Agreement at any time, we may enforce them at a later date instead. Clearing your balance You can pay off all or bankruptcy proceedings part of your balance at any time. We process payments automatically so if we accept a part payment marked “payment in full” or similar words, we may still claim the full amount outstanding. Payment scheme Logo If your card has a payment scheme logo on it, it can be used at all outlets and cash machines displaying that logo. Cards without that logo may be taken against used at the retailer whose name is on the card and, if we let you know that you can (i) at other retailers in that group and (ii) at other suppliers, but not elsewhere. If you have a card without a payment scheme logo on it, we may replace it with a card with the logo, unless you have told us not to recover any debt owed and we may replace a card with a different payment scheme logo on it as long as we think that you will get the same or better service. Can we transfer our rights and obligations under this agreementAgreement? We may transfer our rights and our obligations under this Agreement to someone else, including information about you and how you have managed your account. Payments into We will tell you if we do this unless there are circumstances which mean that the servicing of your account will not change. Your rights under this Agreement and any legal rights you have, for example, under the Consumer Credit Xxx 0000, will not be affected by mistake If any transfer. You cannot transfer any rights you have under this Agreement to anyone else. What law governs this Agreement? This Agreement and our dealings with you before the Agreement is made are governed by the laws of England and Wales. Any dispute can be dealt with by an English or Welsh court unless your address is in: • Scotland (where it will be dealt with by the courts of Scotland); or • Northern Ireland (where it will be dealt with by the courts of Northern Ireland). This Agreement will be provided in English only. Important information How we make a use your information You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment into your account 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 mistake or as a result of a systems error, we'll automatically take the amount out of closing your account. If we're told you do this, we will stop using your data for this purpose, but may continue to process your data for other purposes. How you can contact us You must let us know of any changes to your contact details immediately. If you need to update your contact details, ask for information, tell us that you want to withdraw from the Agreement or make a payment from within complaint please: • write to: NewDay Ltd, Customer Service Department, X.X.Xxx 000, Xxxxx XX00 0XX • call 0000 000 0000* • online: go to xxx.xxxxxx.xx.xx and select “contact us” • We and our authorised agents and representatives may record and/or monitor telephone conversations with you and any additional cardholder so that we can maintain our service standards. How we will contact you We will communicate with you in English. We may give you notices or other information about your credit card, for example, in your monthly statements (in paper and electronic). We will use the European Economic Area most recent address (EEApost and email) was made into your account as a result and telephone and mobile numbers you have given us for all purposes. If we need to contact you about any actual or suspected fraud or security threats, we will do this using the fastest and most secure way of someone else's mistake contacting you (for example, we may try to send a text message rather than telephone). How can you make a complaint? If we do not provide the standard of service you expect, or if you think we have made a mistake, please let us know so we can investigate, put matters right and take steps to prevent it happening again. You can contact us using the payer gave details above. If you are not happy with the wrong account number or reference), but, when way that we contact youdeal with your complaint, you tell us may be able to refer your complaint to the payment was intended Financial Ombudsman Service by writing to Financial Ombudsman Service, Xxxxxxxx Xxxxx, Xxxxxx X00 0XX, calling 0800 023 4 567 or 0300 123 9 123 or sending an email to xxxxxxxxx.xxxx@xxxxxxxxx-xxxxxxxxx.xxx. uk. You can find out more about the Financial Ombudsman service on their website at xxx.xxxxxxxxx-xxxxxxxxx.xx.xx. If you applied for youyour card online, we're legally required you can also contact the Financial Ombudsman Service via an Online Dispute Resolution (ODR) platform that has been created by the European Commission. The email address to share all relevant include in the ODR form is XXX@xxxxxx.xx.xx. The ODR platform will forward your complaint to the Financial Ombudsman Service. For more information including your name about ODR please visit the European Commission website (xxxxxxx.xx.xxxxxx.xx/xxx/xxxx/xxxxx.xxx). Our credit card customers would not qualify for compensation under any statutory or other compensation scheme should we become unable to meet our liabilities. Who we are and address and transaction information how we are regulated NewDay Ltd is a company registered with the bank Registrar of Companies for England and Wales, Company Number 7297722, Registered Office: 0 Xxxxxxxxx Xxxxxx, London, N1C 4DA. We provide credit products to consumers and we are authorised and regulated by the Financial Conduct Authority (reference number 690292); NewDay Ltd is also authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 (reference number 555318) for the provision of payment came from if they ask us so that services. The Financial Conduct Authority can be contacted at 00 Xxxxxxxxx Xxxxxx, Xxxxxx X00 0XX or by using the payer may contact youdetails provided at xxx.xxx.xxx.xx/xxxxxxx. We are a member of the Finance and Leasing Association (the FLA). We subscribe to the code of the FLA.
Appears in 2 contracts
Samples: Credit Card Agreement, Credit Card Agreement
TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your spending credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as If upon contacting us, you notice wish to dispute a transaction, we'll initiate an unauthorised inquiry and may suspend the transaction has been made from on your account. We'll refund the amount of the unauthorised payment as soon as account if we reasonably can, and, in any event, before the end of the working day after you tell usconsider there to be a valid dispute. Once we've completed our investigations, if we find you weren't entitled to a refundinvestigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give How much and when you must pay You must pay the card minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or card number to anyone else other than us, or any refund given by a retailer for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guesspurchase as payment made by you. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, pay more than you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell owe us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of under this agreement. If , we'll return the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secureamount you've overpaid. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments WeWe pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll normally apply payments to your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions amounts that have appeared on a monthly statement; and • transactions your statements before amounts that have not yet appeared on your monthly statementstatements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's processed (which may be different to the date of the transaction or refund). This means that the exchange rate used may differ from the rate that applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • based on interbank rates selected from customary industry sources on the business day prior to the processing date. We call this conversion rate the 'American Express Exchange Rate'. The American Express Exchange Rate is set each day from Monday to Friday including bank holidays, except for Christmas Day and New Year’s Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month if there has been any account activity and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly check this information and any mail we post to you electronically in the same way you would written mail.
Appears in 1 contract
Samples: Credit Card Agreement
TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your spending credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as If upon contacting us, you notice wish to dispute a transaction, we'll initiate an unauthorised inquiry and may suspend the transaction has been made from on your account. We'll refund the amount of the unauthorised payment as soon as account if we reasonably can, and, in any event, before the end of the working day after you tell usconsider there to be a valid dispute. Once we've completed our investigations, if we find you weren't entitled to a refundinvestigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments WeWe pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll normally apply payments to your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions amounts that have appeared on a monthly statement; and • transactions your statements before amounts that have not yet appeared on your monthly statementstatements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you.. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's processed (which may be different to the date of the transaction or refund). This means that the exchange rate used may differ from the rate that applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, AEEML will convert it directly into Pounds Sterling. In all other cases, AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non-sterling transaction fee. We don’t charge a non-sterling transaction fee for converting refunds. Refunds of transactions (including the non-sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • based on interbank rates selected from customary industry sources on the business day prior to the processing date. The American Express Exchange Rate is set each day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non-sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly check this information and any mail we post to you electronically in the same way you would written mail. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements and any notices we're required by law to provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account or card in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've been una
Appears in 1 contract
Samples: Credit Card Agreement
TPP. If we dodo this, we'll we will tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How You must check the information provided to you can authorise and cancel transactions To authorise a transaction you can present a card by the TPP, to ensure that they are authorised or permitted by law to provide your account details and, if required, use payment services to you. If we become aware that an unauthorised third party is using your security details (such as a PINdetails, passcode, personal identifiers, biometric data or other details)we may block access to your account. We may deactivate contactless payments at any time. You can't cancel purchases Can you make with a card claim against us where you have a claim against a supplier? If you purchase any item of goods or any services costing more than £100 but no more than £30,000 under this Agreement you can cancel other transactions that you've asked may have a right to claim against us to make in as well as the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction supplier if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; or • the transaction would exceed a transaction limit of some sort or take your account over your spending limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through the goods fail to arrive or are not of satisfactory quality or the supplier made a transaction representation which you know will be treated as relied on about the goods which was not accurate. However, if you have a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse dispute with someone else over a transaction, you'll normally be told at you must keep making payments to us while you are resolving it. Direct Debit Call us or go to online account manager to set up a Direct Debit which means that we will ask for a payment to NewDay Ltd from your bank each month automatically. You can choose how much you want to pay each month as long as it is not less than the point of sale. In all casescontractual minimum payment, you can find out about transactions we've refused, including: • the contractual minimum payment and your total monthly instalment payment (if any) and any recommended extra payment; • the contractual minimum payment and your total monthly instalment payment (if any) and a regular boosted payment; • the full balance (including the reasons why any Buy Now Pay Later balances and any instalment plan balances); or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons• a fixed amount. If you have opted to pay the contractual minimum payment and we don't authorise a transaction or a retailer doesn't accept recommend an extra payment then, unless you tell us you would prefer not to pay the card we're not responsible for recommended extra payment, we will increase the amount that we collect by Direct Debit that month to ensure that your recommended extra payment is paid. We will also increase the amount to cover any lossinstalment payments. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told We will tell you how you can contact let us know that you do not want to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as you notice an unauthorised transaction has been made from your account. We'll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we've completed our investigations, if we find you weren't entitled to a refund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guessrecommended extra payment. If you or have opted to pay a supplementary cardmemberfixed amount and this amount is not enough to pay your contractual minimum payment, register a card for use on a mobile phone or other deviceany recommended extra payment (unless you have chosen not to pay this) and any instalment payments, we will increase the amount that we collect by Direct Debit that month to ensure that these payments are made. If you or pay by Direct Debit and any previous contractual minimum payments have still not been paid, we will always make sure that the supplementary cardmember, mustDirect Debit amount we collect will be sufficient to pay these. Please note: • keep if we believe your bank may have cancelled your Direct Debit as it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning used for an extended period of time, we may not attempt to collect future payments this agreementway. If this is the use of a card is stopped for any reasoncase, the use of all other cards issued on your account may also be stopped at the same timewe will let you know. If you . Online You can register for online account services, you must keep your security details (such as your username, password or other details) management and also your mobile phone or other device safe and secure. How to pay You must make payments to us in Pounds Sterling by any method set out on NewDay Ltd using a debit card. For the time you should allow for the payment to reach your account, see your statement or any method we otherwise tell you about or permit you for more details. Automated telephone service Call 0000 000 0000* to use. You must make a separate payment to NewDay Ltd 24 hours a day. Internet Banking/ Telephone Banking Contact your bank or building society to make a payment to NewDay Ltd. Please use the bank details provided on the back of your statement. At a bank Use the payment slip provided with your paper statement (if available) and make sure that the cheque is made payable to NewDay Ltd and includes your 16 digit account number on the first line as a reference. Allow 5 working days for each the payment to NewDay Ltd to reach your account. How can you make a payment? Cheques Make sure that the cheque is made payable to NewDay Ltd and includes your 16 digit account you hold with usnumber on the first line as a reference. If you send payments together and don't clearly designate are paying more than one account with a single cheque, tell us the account amount to be paid, we may apply payments credited to any each account. We'll apply any Send your payment to: NewDay Ltd PO Box 218 Rotherham S98 1NS You should allow 7 working days for the payment to NewDay Ltd to reach your account on the day we receive it, as long as this is within our business hoursaccount. We'll apply What happens if you cannot make a payment or access your account? We will not be liable for any payment we receive after that time on the next business day. How we apply payments We'll normally apply payments to your account in the following orderloss due to: • any cardmembership fee failure or delay in providing our service caused by strikes, industrial action, failure of power supplies or computer equipment, or other unusual or unforeseeable causes beyond our reasonable control; or • a retailer or cash machine not accepting, or retaining, your card, or the way in which this is conveyed to you. How and supplementary cardmembership feeswhen can this Agreement be ended? You can end this Agreement at any time and without charge by giving us notice and paying your balance in full. We can end the Agreement by giving you 2 months’ notice in writing. In each case, you (and any additional cardholder) must stop using the account. The Agreement will continue until you have repaid everything you owe. We can also close your account if your account has been dormant for at least six months (meaning it has not been used at all and has had a £0 balance throughout that period). If: • you repeatedly fail to pay contractual minimum payments on time or go over your credit limit; or • we find that any information you provided as part of your application was materially incorrect or misleading; or • you are declared bankrupt or have similar proceedings taken against you; or • we reasonably suspect any fraud or other criminal activity in connection with this Agreement or you have been using the card for an illegal purpose; we can: • demand immediate repayment of the amount you owe on the account; • service charges disclose information about you and the conduct of your account to licensed credit reference agencies (which would make it more difficult for example, statement copy fees) and any cardmembership joining fee (if applicableyou to borrow in future); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statement; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • bring legal action to recover what you owe us (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) ); and • equire you to pay our reasonable costs and expenses for taking action to obtain payment, including legal costs; but we will always give you advance notice and, if the problem can be fixed, the chance to fix the breach before taking any of these steps. If we choose not to enforce our rights under this Agreement at any time, we may enforce them at a later date instead. Clearing your balance You can pay off all or bankruptcy proceedings part of your balance at any time. We process payments automatically so if we accept a part payment marked “payment in full” or similar words, we may still claim the full amount outstanding. Payment scheme logo If your card has a payment scheme logo on it, it can be used at all outlets and cash machines displaying that logo. Cards without that logo may be taken against used at the retailer whose name is on the card and, if we let you know that you can (i) at other retailers in that group and (ii) at other suppliers, but not elsewhere. If you have a card without a payment scheme logo on it, we may replace it with a card with the logo, unless you have told us not to recover any debt owed and we may replace a card with a different payment scheme logo on it as long as we think that you will get the same or better service. Can we transfer our rights and obligations under this agreementAgreement? We may transfer our rights and our obligations under this Agreement to someone else, including information about you and how you have managed your account. Payments into We will tell you if we do this unless there are circumstances which mean that the servicing of your account will not change. Your rights under this Agreement and any legal rights you have, for example, under the Consumer Credit Act 1974, will not be affected by mistake If any transfer. You cannot transfer any rights you have under this Agreement to anyone else. What law governs this Agreement? This Agreement and our dealings with you before the Agreement is made are governed by the laws of England and Wales. Any dispute can be dealt with by an English or Welsh court unless your address is in: • Scotland (where it will be dealt with by the courts of Scotland); or • Northern Ireland (where it will be dealt with by the courts of Northern Ireland). This Agreement will be provided in English only. Important information How we make a use your information You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment into your account 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 mistake or as a result of a systems error, we'll automatically take the amount out of closing your account. If we're told you do this, we will stop using your data for this purpose, but may continue to process your data for other purposes. How you can contact us If you need to update your contact details, ask for information, tell us that you want to withdraw from the Agreement or make a payment from within complaint please: • write to: NewDay Ltd, Customer Service Department, X.X.Xxx 700, Leeds LS99 2BD. Please note, you cannot change your contact details by writing to us, you must go online or call. • call 0000 000 0000* • online: go to xxx.xxxxxx.xx.xx and select “contact” We and our authorised agents and representatives may record and/or monitor telephone conversations with you and any additional cardholder so that we can maintain our service standards. How we will contact you We will communicate with you in English. We may give you notices or other information about your credit card, for example, in your monthly statements (in paper and electronic). We will use the European Economic Area most recent address (EEApost and email) was made into your account as a result and telephone and mobile numbers you have given us for all purposes. If we need to contact you about any actual or suspected fraud or security threats, we will do this using the fastest and most secure way of someone else's mistake contacting you (for example, we may try to send a text message rather than telephone). How can you make a complaint? If we do not provide the standard of service you expect, or if you think we have made a mistake, please let us know so we can investigate, put matters right and take steps to prevent it happening again. You can contact us using the payer gave the wrong account number or reference)details above. If, but, when we contact youafter contacting our Complaints team, you tell us are not happy with our response to your complaint, you may be able to refer your complaint to the payment was intended Financial Ombudsman Service by writing to Financial Ombudsman Service, Exchange Tower, London E14 9SR, calling 0000 000 0 000 or 0000 000 0 000 or sending an email to xxxxxxxxx.xxxx@ xxxxxxxxx-xxxxxxxxx.xxx.xx. You can find out more about the Financial Ombudsman service on their website at xxx.xxxxxxxxx-xxxxxxxxx.xxx.xx. Our credit card customers would not qualify for you, we're legally required compensation under any statutory or other compensation scheme should we become unable to share all relevant information including your name meet our liabilities. Who we are and address and transaction information how we are regulated NewDay Ltd is a company registered with the bank Registrar of Companies for England and Wales, Company Number 7297722, Registered Office: 0 Xxxxxxxxx Xxxxxx, London, N1C 4DA. We provide credit products to consumers and we are authorised and regulated by the Financial Conduct Authority which is the supervisory authority under the Consumer Credit Act 1974 (reference number 690292); NewDay Ltd is also authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 (reference number 555318) for the provision of payment came from if they ask us so that services. The Financial Conduct Authority can be contacted at 00 Xxxxxxxxx Xxxxxx, Xxxxxx X00 0XX or by using the payer may contact youdetails provided at xxx.xxx.xxx.xx/xxxxxxx. We are a member of the Finance and Leasing Association (the FLA). We subscribe to the code of the FLA.
Appears in 1 contract
Samples: Credit Agreement
TPP. If we do, we'll ’ll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can present a card Card or provide your account Account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details). You may authorise a third party nominee (including a bank or other cor- porate entity) to service certain elements of your Account (as set out in the application form). You must give us details of this person and we must agree to them before they can be used. You agree that we can accept in- structions on and payments for your Account from such nominee until you tell us otherwise. You will be bound by any such instructions or payments and remain responsible at all times for your obligations under this agree- ment. If your nominee fails to act on your instructions and you are then in breach of this agreement, that is your responsibility. You agree that any notice or communication under this agreement which is sent to your nominee will be deemed sent to you. We may still send you any notices or information and communicate directly with you under this agreement. We may for any reason refuse to deal with your nominee and deal directly with you. You authorise us to pay any and all annual or other government duties pay- able as a result of you holding your Account or having a Card, as they be- come due from your Account. You are liable to pay us the amount of such charges as if they were a transaction on your Account. We may deactivate contactless payments at any time. You can't n’t cancel purchases you make with a card Card but you can cancel other transactions that you've ’ve asked us to make in the future or regular payments pay- ments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o • a breach of law, regulation, code or other obligation; or o • action from a government, law enforcement agency or regulator; • we're ’re legally required to; • use of the card Card would be prohibited; or • the transaction would exceed a transaction limit of some sort or take your account Account over your spending limit. You may not use your account Account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card Card at a merchant you own or control. If we do refuse a transaction, you'll ’ll normally be told at the point of sale. In all cases, you can find out about transactions we've ’ve refused, including the reasons why or any limits we may have put on your cardCard, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't n’t authorise a transaction or a retailer doesn't n’t accept the card Card we're ’re not responsible for any loss. Transactions you haven't authorised You're ’re not responsible for any transactions: • made using the actual card Card before you receive it (for example, if your card Card is stolen in the post); • where we haven't n’t told you how you can contact us to notify us that your card Card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're ’re legally required to use to check that a payment has been authorised by you or a supplementary cardmemberSupplementary Card- member; • not authorised by you or a supplementary cardmember Supplementary Cardmember or any person you or a supplementary cardmember Supplementary Cardmember allowed, in breach of the agree- ment, to use your Account or Card; • made by a person you or a Supplementary Cardmember allowed, in breach of the agreement, to use your account Account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card Card after you tell us you suspect your account Account is being misused. You're ’re responsible if you or a supplementary cardmemberSupplementary Cardmember: • use your account Account or card Card fraudulently; • have been grossly negligent (in these cases, you'll ’ll be responsible for all payments from your account Account until you've ’ve told us that your card Card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account Account or cardCard, including if someone some- one else is allowed to access a mobile phone or other device on which your card Card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't n’t be responsible for any transactions made by a person you or a supplementary cardmember Supplementary Cardmember allowed to use your account Account or card after Card af- ter you tell us you suspect your account Account is being misused. If there are errors in a transaction and this is our fault, we'll ’ll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as you notice an unauthorised transaction has been made from your accountAccount. We'll ’ll refund the amount of the unauthorised unau- thorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we've ’ve completed our investigations, if we find you weren't n’t entitled to a refund, we'll ’ll adjust your account Account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't n’t know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll ’ll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll ’ll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've ’ve refused your claim. You're ’re not entitled to a refund if you or a supplementary cardmember Supplementary Cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For exampleex- ample, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card Card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember Supplementary Cardmember must: • sign the card Card and keep it safe and secure (including using device passcodespass- codes, biometric data or other security details where applicable); • not let others use the account Account or card Card and regularly check you still have the cardCard; • not give the card Card or card Card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's ’s necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmemberSupplementary Cardmember, register a card Card for use on a mobile phone or other device, you or the supplementary cardmemberSupplementary Cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card Card or PIN; • always use the lock feature on the phone or other device, where applicableapplica- ble; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card Card registered on the device. You or a supplementary cardmember Supplementary Cardmember must tell us straight away if you suspectsus- pect: • a card Card has been lost or stolen or not received; • a mobile phone or other device to which a card Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account Account or a card Card is being misused or used without authorisation, or a transaction on the account Account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card Card is stopped for any reason, the use of all other cards issued Cards is- sued on your account Account may also be stopped at the same time. If you register for online account Account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you. If you about hold a US Dollar Card you must pay us in US Dollars, if you hold a Euro Card you must pay us in Euros and if you hold a Sterling Card, you must pay us in Pounds Sterling. If you pay in another currency to the one stated above, we may refuse to accept the payment. If we do accept it, we will change it into the correct currency at the standard rate we set on the date we receive the payment unless the law requires us to use a particular rate. In this case, or permit if you pay using a cheque drawn on a bank Account outside of the UK, there may be a delay before the payment is credited to useyour Account. We may impose additional charges for converting payments including any currency conversion cost incurred by us. You must make a separate payment for each account Account you hold with us. If you send payments together and don't n’t clearly designate the account Account to be paid, we may apply payments to any accountAccount. We'll ’ll apply any payment to your account Account on the day we receive it, as long as this is within our business hours. We'll ’ll apply any payment we receive after that time on the next business day. How we apply payments We'll ’ll normally apply payments to your account Account in the following order: • any cardmembership fee Cardmembership fees and supplementary cardmembership Supplementary Cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statementstate- ment; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you.
Appears in 1 contract
Samples: Charge Card Agreement
TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details). We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. mad e. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency ag ency or regulatorreg ulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; or • the transaction would exceed a transaction limit of some sort or take your account over your spending limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as you notice an unauthorised transaction has been made from your account. We'll refund the amount of the unauthorised un authorised payment as soon as we reasonably can, andan d, in any event, before the end of the working day after you tell us. Once we've completed our investigations, if we find you weren't entitled to a refund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal person al information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We'll normally apply payments to your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate sep arate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statement; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you.
Appears in 1 contract
Samples: Charge Card Agreement
TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can can: • present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your spending credit limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse)fraud ulently; • allowed someone else to use your account or card, including if someone someo ne else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as If upon contacting us, you notice wish to dispute a transaction, we'll initiate an unauthorised inquiry and may suspend the transaction has been made from on your account. We'll refund the amount of the unauthorised payment as soon as account if we reasonably can, and, in any event, before the end of the working day after you tell usconsider there to be a valid dispute. Once we've completed our investigations, if we find you weren't entitled to a refundinvestigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments WeWe pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll normally apply payments to your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions amounts that have appeared on a monthly statement; and • transactions your statements before amounts that have not yet appeared on your monthly statementstatements. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotion al balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you.. Supplementary cardmembers At your req uest, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's processed (which may be different to the date of the transaction or refund). This means that the exchange rate used may differ from the rate that applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, AEEML will convert it directly into Pounds Sterling. In all other cases, AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non-sterling transaction fee. We don’t charge a non-sterling transaction fee for converting refunds. Refunds of transactions (including the non-sterling transaction fee applied at the time it was mad e) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we call this the American Express Exchange Rate) will be: • the rate req uired by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • based on interbank rates selected from customary industry sources on the business day prior to the processing date. The American Express Exchange Rate is set each day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchan ge Rate and the non-sterling transaction fee. Reg ulation req uires us to provide you with information to en able you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchan ge rate and any commission or charge will be set by the third party. As we'll receive a transaction converted by a third party in Poun ds Sterling, we won't apply a non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you reg ularly check this information and any mail we post to you electronically in the same way you would written mail. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing ad dress on our records. If you receive statements by post, we'll send the statements and any notices we're req uired by law to provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messag es and other communications (including alerts abo ut certain activity on your account) abo ut your account or card in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messag es we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you abo ut any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have
Appears in 1 contract
Samples: Credit Card Agreement
TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details). We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. mad e. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency ag ency or regulatorreg ulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; or • the transaction would exceed a transaction limit of some sort or take your account over your spending limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. You must contact us as soon as you notice an unauthorised un authorised transaction has been made from your account. We'll refund the amount of the unauthorised un authorised payment as soon as we reasonably can, andan d, in any event, before the end of the working day after you tell us. Once we've completed our investigations, if we find you weren't entitled to a refund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal person al information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We'll normally apply payments to your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a separate sep arate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on a monthly statement; and • transactions that have not yet appeared on your monthly statement. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you.
Appears in 1 contract
Samples: Charge Card Agreement
