These are the terms and conditions which apply to any sterling personal account you have with us or which you may open with us at any time. The notice periods, minimum or tiered balances and rates of interest which apply to different account products and our charges are set out in leaflets entitled 'Interest Rates for Personal Customers' and 'Our Bank Charges Explained'. In these terms and conditions we refer to both leaflets as our 'Personal Rate Guides'. Copies are available in all our branches.
1. CONTACT DETAILS
1.1 We will use the address and any other contact details given in your application form to contact you. You agree to tell us of any changes or additions to these details. All statements and notices we are required to give you in writing will be sent to the address most recently notified by you to us or may be downloaded to your computer, if you have a computer link with us.
1.2 You may contact us using the address and other contact details printed on your cheque book or, if you have registered for Barclaycall, by telephone or, if you subscribe to our computer banking service, by computer. We will give you written notice if any of these change.
1.3 You agree that we may leave a message for you to contact us on an answering or facsimile machine, computer or with the person answering the telephone and that we may use an automatic dialling system to give you recorded telephone messages.
1.4 You agree that telephone calls between us may be recorded, so that we have a record of your instructions, and occasionally monitored to enable us to maintain our service quality.
2. INSTRUCTIONS
2.1 You may normally give us instructions in writing, by telephone, facsimile, computer or any other form of electronic message, unless specific conditions apply to the operation of a particular type of account.
2.2 If you choose to give us telephone or electronic instructions, we will agree security procedures for authenticating those instructions before you make the first telephone or electronic transaction. Transactions over the limit applicable to telephone and electronic transactions from time to time must be made through your branch. We may vary this limit at any time with immediate effect if we consider it in your or our interests and we will give you notice if we do so.
2.3 You agree to keep all security procedures, codes and your personal identifiers secret, never to disclose them to anyone and to take all reasonable care to prevent their unauthorised or fraudulent use. If you keep a written record of any code or personal identifier, you must make a reasonable attempt to disguise it.
2.4 You authorise us to act on instructions given:
(a) on a document (such as a cheque or letter) bearing your original signature; or
(b) by telephone or electronically, provided that we have followed the security procedures agreed between us, whether or not such telephone or electronic instructions were given by you.
2.5 If you know or have any reason to suspect that someone else knows your codes or personal identifiers, you must immediately telephone us. Until you do so, you will continue to be liable for transactions in accordance with Condition 2.4. Unless we can show that you acted fraudulently or with gross negligence or in breach of Condition 2.3, we will credit your account with the amount of transactions carried out after you have telephoned us, and any interest or charges we made in relation to them, if the relevant instructions were not given by you. We shall have no further liability to you.
2.6 We may ask you to provide written confirmation and to co-operate with us if we have received instructions relating to your account which were not given by you.
2.7 We may refuse to act on any instruction if:
(a) we doubt the authenticity of the instruction or do not consider it to be sufficiently clear; or
(b) we believe that doing so might put us in breach of any law, regulation, code or contractual obligation binding on us.
We may also refuse to act on an instruction under Condition 4.10.
2.8 If you use a computer to communicate with us:
(a) we agree:
(i) to provide the User Guide, which describes our computer banking service, and to update it from time to time;
(ii) to supply the necessary software for our computer banking service;
(iii) to maintain accurate records of all instructions you give us by computer; and
(iv) to take reasonable care to ensure the security of, and prevent unauthorised access to, our system; and
(b) you agree:
(i) to ensure your computer and modem comply with our reasonable standards and requirements which will be advised to you from time to time;
(ii) to pay our charges for using the computer banking service (these charges will be notified to you when you apply for the service and are contained in our computer banking tariff);
(iii) to comply with the procedures and instructions contained in our User Guide as varied from time to time;
(iv) not to attempt to modify the software provided by us in connection with the computer banking service;
(v) to notify us immediately if you become aware of any failure, delay, malfunction or error in the sending or receiving of instructions or any suspected fraud;
(vi) that the copyright and all other rights in our User Guide and software shall remain vested in us, or any licensor to us of such software, and that you will not alter, copy, or allow any third party access to, the software without our consent; and
(vii) that the records we maintain of any instructions you give by computer shall be conclusive evidence of your instructions and of the time at which you gave them, except where there is an obvious mistake in our records.
You understand that it may be necessary for us to supply account details to other companies involved in the provision of the computer banking service. If we do so, we shall ensure that any such company agrees to use the details only in providing their service to us and not to disclose them to any other person.
3. CREDITS AND CREDIT INTEREST
3.1 We will accept cash, cheques and other items payable to you for credit to the account specified in the relevant paying-in instruction. Cash payments may not be accepted on certain types of accounts, such as postal accounts.
3.2 We will convert foreign currency at the exchange rate prevailing on the day on which it is received by us and subject to our standard charges which we will deduct from your account. We will accept foreign cheques and other items on terms available on request.
3.3 We will treat credits paid into your account as cleared for interest purposes and as available for withdrawal at different times (depending on the type of credit and where paid in).
3.4 The fact that funds paid in by cheque become available for withdrawal, does not mean that the cheque has been paid, as it is possible that the bank on which the cheque was drawn might still return it unpaid.
3.5 As entries are credited to accounts in the expectation that they will clear, the balance shown on your statement or given in response to an enquiry may include uncleared items. You may incur charges and interest if payments are made from your account before funds are cleared even if you appear to have a sufficient balance.
3.6 Tiered rates, notice periods for withdrawal and minimum balances apply to some accounts. You can contact us for details of rates payable which are also contained in our Personal Rate Guides. We reserve the right to vary credit interest rates from time to time in accordance with Condition 10 and to give you notice in writing or in the national press or by notice in branches. Interest is calculated on a daily basis and will be credited to your account(s) as specified in the Personal Rate Guides.
3.7 We will deduct tax on interest unless permitted to pay gross under current legislation.
4. WITHDRAWALS
4.1 We will process instructions received before the relevant cut-off time on any working day, on that day, or on the date specified in your instructions or, if relevant, the first working day after such date. Instructions received after the cut-off time will be processed on the next working day. We will tell you the cut-off times applicable to telephone and electronic instructions when you apply for the service. Branch cut-off times vary and are displayed in each branch.
4.2 Unless we agree otherwise, you may only withdraw funds from savings accounts in cash at any Barclays branch or by transfer to other bank or building society accounts. Cash withdrawals may not be permitted on certain types of accounts (such as postal accounts) and we will tell you at the time you open these accounts how funds may be withdrawn.
4.3 The interest rate we pay you on some savings accounts is conditional on you giving us a minimum period of notice specified in the Personal Rate Guides. If you withdraw funds without giving the required notice period, you will either lose some of the interest which you would otherwise have received or be charged an amount specified in the Personal Rate Guides.
4.4 You may only write cheques in sterling but we can send money abroad on our standard terms. These are available from our branches.
4.5 You agree to complete cheques so that they are not easy to alter and you must not put a date on your cheques which is after the date of signature. If you do, we will not be liable for any loss you incur as a result of us paying a cheque before the date you have put on it.
4.6 You may stop a cheque before it has been presented for payment (unless it has been guaranteed by a cheque guarantee card) by giving us the date of the cheque, the cheque number, the amount and the payee's name. Our charge for stopping cheques is contained in the Personal Rate Guides. You may only cancel instructions given by telephone or electronically if they have not been acted upon. If we are able to cancel your instruction, we may make a charge.
4.7 You may make withdrawals by regular payments such as Direct Debits (except in relation to savings accounts). You may cancel regular payments at any time if they have not been acted upon. (The beneficiary of a Direct Debit instruction should be informed as well at least 3 working days before you wish the cancellation to take effect.)
4.8 You authorise us to debit on each working day to the account on which any Card is issued, the amount of all Card Transactions processed since the previous working day.
4.9 If we return cheques or regular payment orders or refuse to accept other instructions we will tell you the reason for doing so. Charges for returned items or items we are obliged to pay, such as guaranteed cheques, are contained in the Personal Rate Guides.
4.10 We may refuse to make any payment if you do not have cleared funds (or an agreed overdraft) available. In deciding whether you have funds available we may take into account any earlier instructions to make payments, any authorisations we have given for Card Transactions and any regular payments from your account. We may not take regular credits into account or any credits received after the decision to refuse payment has been taken.
5. OVERDRAFTS AND DEBIT INTEREST
5.1 You agree to keep your cheque account in credit unless we have agreed an overdraft with you. Overdrafts are not available on other types of account.
5.2 When we agree an overdraft with you we will tell you the agreed limit and the interest rate and usage fees payable and we will confirm these details in writing. You authorise us to make credit reference and other enquiries whenever you request any credit facilities, or if we wish to consider increasing your agreed limit or offering you other lending products. You understand that credit reference agencies record searches and that information they record may be used by other lenders assessing credit applications from you and members of your household and for debt tracing.
5.3 Our interest rates and usage fees are included in our Personal Rate Guides. Interest is calculated on a daily basis on the balance which we treat as cleared for interest purposes. Interest and usage fees are charged monthly in arrears and on closure of the account. We will give at least 14 days' notice of any debit interest or overdraft usage fees to be charged to your account.
5.4 If you overdraw without agreeing an overdraft with us on any account or exceed an agreed overdraft limit we may require you to pay into your account sufficient funds to cover the unauthorised amount immediately. We will charge our unauthorised interest rate and usage fees on the unauthorised amount until either it has been repaid or we have agreed the overdraft, or increase in the overdraft limit, with you. In certain circumstances we will not charge such usage fees. Details are given in the Personal Rate Guides.
5.5 Unless we have specifically agreed otherwise with you, we may demand the repayment of, or reduction in, your overdraft at any time and without notice where there are serious grounds for doing so. We will continue to calculate and charge interest and fees on the overdraft in accordance with these terms and conditions both before and after judgment until it is repaid in full.
5.6 We may use any credit balances in any currency on any account you have with us to reduce or repay any overdrawn balances or other sums you owe us (including on Card accounts) either in your own name or jointly with anyone else and will tell you when we do so.
6. JOINT ACCOUNTS
6.1 We will act on instructions given by any one of you, unless any of you tells us to act on instructions given by more than one of you.
6.2 We cannot accept telephone or electronic instructions if you have told us only to accept instructions given by more than one of you.
6.3 As joint account holders, you are individually and jointly liable to repay any money owed to us and we may demand repayment from either, any, or all of you.
6.4 You agree that if one of you dies, the survivor(s) may withdraw any account balances.
7. STATEMENTS
7.1 We will provide you with statements showing all entries on your account since the previous statement. You agree to check your statements carefully and contact us as soon as possible if your account includes an item which appears to you to be wrong or not made in accordance with your instructions.
7.2 We will correct any entries we make to your account by mistake as soon as possible after you tell us about them or we notice them.
7.3 We will supply additional statements on request. A charge may be made for supplying these.
7.4 We may put messages on your statements to give you notice of variations to these terms and conditions.
8. PERSONAL DATA
8.1 You agree that we may hold and process, by computer or otherwise, any information given by you in your dealings with us, or obtained by us in connection with, or as a result of, these terms and conditions and any information relating to your accounts ("Personal Data"). You agree that we may:
(i) include Personal Data in the Barclays Group customer systems which may be accessed by us and other companies in the Barclays Group for banking and credit assessment, statistical analysis including behaviour and credit scoring, and to identify products and services (including those supplied by third parties) which may be relevant to you and used by us to market such products; and
(ii) with your consent, permit other companies within the Barclays Group to bring to your attention products and services which may be of interest to you.
8.2 We will disclose Personal Data outside the Barclays Group only:
(a) for fraud prevention purposes;
(b) to licensed credit reference agencies (in relation to the conduct of your account(s));
(c) under a strict code of secrecy to subcontractors or persons acting as our agents;
(d) to any person who may assume our rights under these terms and conditions; and
(e) if we have a right or duty to disclose or are compelled to do so by law.
8.3 Paragraphs 8.1(i) and (ii) do not apply to business customers or to customers of branches in the Channel Islands or the Isle of Man unless such customers have informed their branch that they wish to be included in the Barclays Group customer systems.
9. LIMITING OUR LIABILITY
We will not be liable to you for any loss you may suffer if we do not act on your instructions for any reason referred to in Conditions 2.7 or 4.10 or we cannot provide, or are delayed in providing you with, any banking or other services as a direct or indirect result of anything outside our reasonable control. This includes but is not limited to:
(a) industrial dispute;
(b) failure or fluctuation of power or telecommunications supplies;
(c) breakdown in computer hardware or other equipment or error in any software;
(d) any error or discrepancy in your instructions;
(e) any failure or delay in the supply of services to us by any third party.
We will not be liable for any indirect or consequential losses if we fail to act on your instructions for the reasons referred to above or any other reason whatsoever.
10. VARIATION
We may vary these terms and conditions and add to, vary or withdraw features of our services. We will give you reasonable notice of any changes. We will use our reasonable endeavours, consistent with good banking practice, to ensure that if the change is material the notice period we give you is sufficient to ensure that you have an opportunity to withdraw from the service before the change takes place. Variations in the computer banking service will be notified by means of an update to the relevant User Guide. Unless we tell you otherwise, notice of other variations will be given in writing or in the national press or by notice in branches.
11. CHARGES
11.1 The amount, and time of payment, of the charges for our most frequently used services are detailed in our Personal Rate Guides and, for the computer banking service, in our Barclays PC Banking Information Pack, which accompanies the Personal Customer Application Form. Copies are available on request. We may vary all charges payable at our discretion. Unless we tell you otherwise, changes in our Personal Rate Guides and computer banking tariff will be advised to you in advance in writing or in the national press or by notice in branches. We will be pleased to supply you with details of our charges for other services when you request them.
11.2 You authorise us to deduct our charges from your account(s). We will give you at least 14 days notice before doing so for charges and interest relating to account activity.
11.3 We may vary the interest rate you pay to us or we pay to you for any of the following reasons:
(a) as a result of prevailing market conditions;
(b) as a result of changes in our overall costs of providing the services to you;
(c) as a result of prudent management and practice of our business;
(d) to reflect changes in law or regulatory requirements;
(e) for any other valid reason.
12. LAW
12.1 Any banking terms and conditions implied by law will also apply to our relationship with you unless varied or amended by any particular terms and conditions relating to an account or service or by these terms and conditions.
12.2 These terms and conditions shall be read and interpreted in accordance with the laws of England and Wales.
13. CLOSING AND TRANSFERRING YOUR ACCOUNT
13.1 You agree that if your branch is closed, restructured or amalgamated with another branch we may give you a new account number and/or transfer your account(s) to another branch. If we do so, any standing instructions or authorities will continue to apply in relation to the transferred or renumbered account.
13.2 We will close an account if we receive instructions to do so from all account holders.
13.3 If we wish to terminate our banking relationship with you or withdraw a particular type of account, we will give you at least 28 days notice in writing. If we withdraw a particular type of account we will use our reasonable endeavours to ensure that an alternative account is available at the end of the notice period.
13.4 These terms and conditions will continue to apply, notwithstanding closure or termination until you have returned any Cards and unused cheques and repaid any money owed to us, including the amount of any cheques you have issued or other payments you have made which we have to pay after closure of your account. Any benefits or services provided in relation to any particular type of account will, however, end immediately on closure or termination.
14. COMPLAINTS PROCEDURES
If you have a complaint, you should contact your branch. If your branch cannot resolve your complaint to your satisfaction, you should then contact the Customer Service Manager, Barclays Bank PLC, 54 Lombard Street, London EC3P 3AH or call Freephone 0800 282390. The Customer Service Manager will deal with your complaint promptly and arrange for a full investigation to be carried out.
If Barclays Bank PLC is unable to resolve your complaint to your satisfaction, you may take your complaint to the Banking Ombudsman. In order to contact the Banking Ombudsman, or obtain further details of the Banking Ombudsman Scheme, you should contact the Office of the Banking Ombudsman, 70 Gray's Inn Road, London WC1X 8NB. (This does not apply to customers in the Isle of Man and the Channel Islands who have their own procedures for the investigation of complaints.)
