Banking Terms and Conditions
Banking Terms and Conditions
Banking Terms and Conditions
Conditions
For Co-operative Bank Personal Current Accounts
and Linked Savings Account
(except for Cashminder and smile current accounts)
With effect from 4 April 2020
Please read these terms and conditions and keep them safe.
• To make a complaint
Access Live Chat by logging into online banking or send us a Secure Message
Call 03457 212 212*, or
Visit one of our Co-operative Bank branches
Write to: Customer Response, The Co-operative Bank p.l.c., 2nd Floor, 1 Balloon Street, M60 4EP
By email to complaints@co-operativebank.co.uk. If you do email us, please provide your name and
daytime phone number where we can contact you. For security reasons, please do not include
any account details in your email.
Please call 03457 212 212* if you would like to receive this information in
an alternative format such as large print, audio or Braille.
* Calls to 03 numbers usually cost no more than calls to geographic numbers (01 or 02) and are usually included in inclusive minutes and discount
schemes. Please check with your telephone service provider.
Look out for symbols and boxes that help you understand our terms
and conditions.
Key
1.1 Our agreement with you is made up of the terms and conditions:
(a). in this document;
(b). in the ‘Account Charges Leaflet’ relevant to your account (which contains our debit interest rates
and charges and related terms); and
(c). additional terms in other documents we give you or put on our website that we say are part of our
current account agreement.
This agreement covers personal current accounts and any savings account linked to a Privilege
Account, Privilege Premier Account or Current Account Plus. It does not apply to club, charity
or business accounts. You must not use your current account or any linked savings account for
business purposes.
1.2 If there is a difference between the terms in this document and the Account Charges Leaflet relevant
to your account or any additional terms for an account, then the Account Charges Leaflet or additional
terms will apply.
1.3 We’ll also give you information about how to use your account. This could be in the ‘User Guide’ on our
website and in other documents we give you.
1.4 Where we use examples in this agreement to make things clearer, the meaning of the conditions is not
limited to the specific examples we’ve given.
1.5 In this agreement:
(a). the ‘bank’, ‘we’, ‘us’ or ‘our’ means The Co-operative Bank p.l.c., P.O. Box 101, 1 Balloon Street,
Manchester M60 4EP; and
(b). ‘you’ means the individual or, for joint accounts, the individuals whose names the account is in.
2.1 We may transfer our rights and our responsibilities under this agreement. We’ll only transfer our
responsibilities to another person if they are authorised to hold your money and if we reasonably
believe they are capable of carrying out our responsibilities instead of us and they agree to do so. We’ll
tell you about any transfer and when it will take effect and you agree that we’ll be released from all
responsibilities from that date.
2.2 You may not transfer any of your rights or responsibilities under this agreement to any person.
This agreement (and all our dealings with you before the agreement) is governed by the laws of
England and Wales. Any dispute that arises regarding this agreement will be dealt with by any court in
the United Kingdom, Isle of Man and Channel Islands that is able to hear the case.
4. Tax reporting
If we believe you may have tax obligations in other countries, we may disclose information about
you to HM Revenue & Customs (HMRC), which may share the information with other tax authorities.
5.1 You must use the contact details at the front of this document to report an unauthorised payment or
possible loss, theft or unauthorised use of a payment device or security details, or to contact us for any
other reason.
5.2 Please read the ‘Keeping your account secure and your money safe’ section on page 22 carefully.
We might not be liable for any loss which occurs if you haven’t taken reasonable security precautions
to keep your account safe.
• Wherever in this agreement we say we’ll contact you, we’ll use post, telephone or any electronic or
digital message (including internet, email and text message) as appropriate.
• We’ll assume that you’ve received any letter we send using your contact details within three
Business Days after we’ve posted or sent it and that you’ve received any email or text message
immediately.
• You must tell us immediately of any change of address or other contact details. It’s important to
make sure your contact details are up to date so we can send you information or notices, and so
you can use our services that require us to hold a valid email address and mobile number for you
(such as online banking). We may ask for evidence of the change by contacting you through your
online or mobile banking services, phone, text, secure message, or by emailing you.
• If we need to contact you about any actual or suspected fraud or security threats, we’ll use the
quickest and most secure way of contacting you (for example, we may try sending you a text
message rather than calling you).
Depending on the type of account you have, there are limits on the number of account holders you
can have on your account.
With joint accounts, each account holder can use the account without the other account holders
knowing.
6.6 As long as we’ve checked an account holder’s identity, each individual can operate the account without
us checking with the other account holders first. For example, each account holder can:
(a). make payments, including payments by debit card;
(b). get information about the account;
(c). take all the money out of the account;
(d). apply for an overdraft;
(e). apply for any other service; and
(f). give us, or be given, information about any other account holders.
7.1 You must act reasonably to prevent misuse of your account, any payment device and your security
details. If you don’t, we may block access to your account to protect you and us from unauthorised
access to your account (including your use of a payment device, Telephone, Mobile and online banking).
We’ll also do all we reasonably can to prevent unauthorised access to your account.
Please read the information in the section headed ‘Keeping your account secure and your money
safe’ near the end of this document.
7.2 If someone else tries to access your account using a payment device, cheques or security details, you
must contact us as soon as possible. We’ll ask you to give us information or other help. We may also
give, or ask you to give, information to the police to assist with any investigation.
7.3 If you find a payment device or cheques after you have reported them lost or stolen or you think
someone has used or tried to use them, you must not use them. You must destroy them securely, for
example, by shredding.
8. What happens if there’s an unauthorised or incorrect payment from your account, or you’ve
been tricked into sending money to a fraudster?
Incorrect payments
8.1 You must call us as soon as you can after you notice that a payment you asked us to make has not been
sent to the right person or account. If the payment was to an account at another bank in the EEA and
the payment was not made properly, we’ll immediately refund the payment unless:
(a). there was a mistake in any of the details you gave us for the payment;
(b). we can show that the payment was received by the other person’s bank; or
(c). you tell us more than 13 months after the payment was made, though we may agree to investigate
the matter.
8.2 If a payment goes to the wrong person or is delayed because you gave us the wrong payment details,
we won’t be liable but, if you ask us, we’ll try to recover the payment for you (but we won’t refund any
charges applied by us in making the payment). We may charge our reasonable costs for doing this but
we’ll tell you the maximum amount you’ll pay first.
Unauthorised payments
8.3 You must call us as soon as you notice an unauthorised payment has been made from your account.
(An unauthorised payment is a payment from your account which wasn’t authorised by you or someone
you’ve authorised to make payments on your account.)
If you’ve acted fraudulently, you’ll be liable for all payments from your account.
(c). we can prove that the unauthorised payment was made because you acted with gross
negligence; or
You’ll have acted with gross negligence if you’ve done something with a very significant degree of
carelessness – for example, where you knowingly give your card and PIN number to someone else.
If you’ve been grossly negligent, you’ll be liable for all payments from your account until you’ve told
us that the payment device or security details have been lost or stolen or that you suspect misuse.
(d).we can prove that the unauthorised payment was made because the payment device was lost or
stolen or we can show you failed to keep your security details safe. In this case you’ll be liable for
any unauthorised payments made before you tell us about the security breach up to a maximum
of £35. We’ll reduce the refund by this amount.
8.6 You may not be liable for unauthorised payments in some other circumstances too – for example, you
won’t be responsible for any unauthorised payment if we don’t apply procedures that we’re legally
required to use to check you have authorised a payment.
Being tricked into sending money to a fraudster
8.7 You must call us as soon as you can once you realise you’ve been tricked into sending money to a
fraudster – although there’s no time limit for reporting this to us.
What do we mean when we talk about being ‘tricked into sending money
to a fraudster’?
We mean that you:
• sent money to someone for what you thought was a genuine purpose, but which was actually
fraudulent; or
• intended to send money to a certain person, but you were tricked into sending it to
someone else.
8.8 Once you’ve told us you’ve been tricked into sending money to a fraudster, we’ll look into this.
We’ll apply industry standards and let you know whether or not you’re entitled to a full or partial
refund. We’ll usually let you know within 15 working days after the day you told us about it, but we
might take longer in exceptional circumstances. We’ll then give you a refund without delay if you’re
entitled to one.
You won’t get a refund if we find you should have known you were sending money to a fraudster –
although we’ll always take the circumstances in which the payment was made into account when
considering this.
Refunds for some card payments in the EEA
8.9 When you have used a card to make a payment, you can ask us to refund the payment if:
(a). the payment was made in the EEA;
(b). you did not agree the actual payment amount;
(c). the amount charged to your account was higher than you reasonably expected, taking into account
previous spending patterns and the particular facts of the case; and
(d). you make the refund request within eight weeks of the date when the payment was charged to
8 your account.
General
9.1 Payments can be made into your account in sterling by cash, cheque or electronically by direct transfer
from another account. Payments in other currencies can be made by direct transfer, but we don’t
accept payments in all currencies. Ask us if you want to know whether we accept a particular currency.
9.2 We can refuse to accept a payment into your account if it’s reasonable to do so, for example if we
reasonably believe that accepting it might cause us to breach a legal requirement or might expose us
to action from any government or regulator.
Payments into your account by mistake or fraud
9.3 If we reasonably believe that a payment into your account was made as a result of fraud, we’ll remove
the payment or take other steps to make sure the amount of the payment is not available for you
to use.
International payments Within two hours – must be within the EEA and in
(in currencies we accept)†† an EEA currency
Same day – where either or both the currency and
country are outside the EEA
If the payment is received after 3.30pm or on a
non-Business Day, it will count for interest on the
next Business Day.
the standard rate of exchange and deduct any charges before adding it to your account.
10
Business Day we receive the cheque Is not yet included in the funds you can use.
One Business Day after we receive the cheque If we receive confirmation that the paying bank
has decided to honour the cheque by 9pm:
• Increases the amount we pay any interest on
• Is included in the funds you can use and cannot
be recalled.
11
If you have a Privilege Account, Privilege Premier Account or a Current Account Plus, you will also
have a linked savings account. You can make payments to your current account from your linked
savings account but the types of payments you can make from it to other accounts are limited. For
example, you can’t set up Direct Debits and we don’t provide cards on the linked savings account.
Cash withdrawals
10.9 You can withdraw cash at branches, or, if we’ve given you a payment device, by using a cash machine.
There’s a daily limit on the amount of cash you can take from a cash machine and or at a branch. Our
daily maximum withdrawal limits can be found on our website co-operativebank.co.uk or you can
contact us.
Payments (except by card or cheque)
10.10 To make a payment from your account in one of the ways set out in the table below, you will need to
give us details of the account to which you want to make the payment. This is usually the sort code
and account number (or the equivalent information for payments outside the UK) and the name of
the person you’re making the payment to. It’s your responsibility to check that the details are correct
before asking us to make a payment.
10.11 The table below shows how long payments take to reach the payee’s bank after we’ve received your
request to make the payment and taken the money from your account.
If we don’t receive a payment request before the cut-off time on a Business Day, we’ll treat your
request as received on the next Business Day. The timings set out in the box below will begin then.
In some instances payment requests made using Faster Payments will be processed over the
weekend but the date of the debit on your account will show as the next Business Day.
12
Sending money in euro to any EEA country 2.30pm The next Business Day
Sending money to accounts within the EEA 2.30pm By the end of the fourth Business Day after
in EEA currencies other than euro. (EEA you tell us to make the payment
currencies include sterling)
Sending money to accounts outside the EEA 2.30pm Four Business Days
in any currency
If you want to make an international payment in non-EEA currencies, please ask us.
• If you ask us to make a payment on a future date, we’ll make the payment on that date, unless
it is a non-Business Day, in which case we’ll make the payment on the next Business Day.
• If you want to make regular payments by Direct Debit or standing order you must set them up
in advance.
• Although most payments will reach their destinations within the times in the table above, on
some occasions it may take longer to allow us to complete our checks.
10.12 If a payment you make to an account in the EEA doesn’t arrive when it should have (normally the
Business Day after we send the payment from your account), you can ask us to contact the receiving
bank and to ask them to treat the payment as if it had been made on time.
10.13 If you want to make a payment in a currency other than sterling, we’ll first convert the amount to be
paid into the currency you tell us. The rate we use will be:
(a). the standard rate of exchange (if you ask us the exchange rate before we make the payment, the
rate we actually use may be different if the exchange rate has changed); or
(b). a fixed exchange rate we agree with you. If we agree a fixed exchange rate, you must make sure
there is available money in your account 48 hours before the payment is due to be made.
10.14 If you decide to cancel your international payment during the 48 hours before the payment is due to
be made, please tell us as soon as possible. If we have agreed a rate of exchange to sell the currency
to you, we’ll reverse the transaction using our rate of exchange at the time of cancellation. If the
exchange rate is different, reversing the transaction may result in us paying more into, or taking more
from, your account.
• There are some types of payment we don’t make in other currencies. Ask us if you want to know
which currencies we can make payments in.
• You will not be able to pay the charges for the recipient for any payment within the EEA.
13
11.1 You can ask us to change or cancel a payment that you’ve asked us to make in the future but not one
that you’ve asked us to make immediately (including card payments).
11.2 You can cancel a Direct Debit, standing order, regular card payment or any other future-dated payment
(such as a bill) by calling us or using Online or Mobile Banking. The table below sets out by when you
need to do this.
Direct Debit Up to 7pm on the date the Direct Debit is due to be made.
Standing order By 8pm on the Business Day By 9pm on the Business Day
before we’re due to make the before we’re due to make the
payment. payment.
14
12.1 We’ll provide regular statements where there are payments out of the account, and you can view
information we provide about each payment on Online and Mobile Banking (if you’re registered). You
can also ask us for this information at any time through Telephone Banking, and in our branches. If
you’re not registered for Online or Mobile Banking and don’t want to ask us for information when you
need it, we’ll send a statement for each month that you’ve made payments out of your account.
12.2 The information will show the balance on your account, details to enable you to identify each
transaction, the date and amount of the transaction, details of the sender/recipient of a transaction, a
reference for the transaction and any charges.
12.3 You must check this information and tell us as soon as possible if there’s a payment in or out of your
account that you don’t recognise.
12.4 You can contact us for more information about any transaction on your account.
13. Overdrafts
You cannot have an arranged overdraft on your Pathfinder or Linked Savings account.
13.2 Overdrafts are repayable on demand, which means you must repay any overdraft when we ask you to.
We’ll usually give you advance warning that your overdraft must be repaid or its limit reduced, but we
may ask for repayment without notice.
13.3 If you ask, we may convert an unarranged overdraft into an arranged overdraft.
13.4 Overdrafts are only for short-term borrowing. You should regularly pay into your account to reduce the
amount you owe. Your account must be returned to credit or within any arranged overdraft limit as
soon as possible.
13.5 We regard an unarranged overdraft that you do not repay as soon as possible as a serious breach of
these terms and conditions. It may result in us deciding to close your account.
15
14.1 We may require you to pay interest and charges in certain circumstances.
14.2 The interest rates payable by you and charges that apply to the current account and related services are
set out in the Account Charges Leaflet relevant to your account. You can also find out our interest rates
and charges in branches, by calling us or by visiting our website.
14.3 We apply caps to our overdraft in certain circumstances.
Credit interest
14.6 If we add credit interest to your account, we’ll pay it without deducting income tax. If you earn more
interest than the amount permitted as tax-free income, you’ll have to pay tax on the interest directly
to HMRC. If you’re not sure whether you’ll have to pay income tax, we recommend you seek separate
professional advice about this, or call HMRC or visit their website.
Debit interest
14.7 We may take any debit interest and charges you owe us from the same account or from any other
account you have with us. We’ll tell you personally about overdraft interest you have to pay at least
14 days before we take it from your account. We’ll also tell you the date this will happen. We add
interest to your account balance each month and we charge interest on the debit balance on a daily
basis.
16
a. This agreement will continue until you or we end it. It is not for a fixed or minimum period.
b. This is why we need to be able to make changes to the agreement for the reasons set out below
or for reasons we cannot predict now, as long as it is fair for us to make a change where those
reasons apply.
c. We may also need to make a change without giving a particular reason but, if we do this, we’ll
always tell you in advance and explain how the change will affect you. You’ll be able to end the
agreement without cost if you don’t want to accept the change.
15. Changes
17
Remember, you can close your account at any time without any extra charge.
18
17.1 We won’t be responsible for any losses you may suffer if we cannot perform our obligations under this
agreement as a result of:
(a). any legal or regulatory requirements;
(b). the failure or lack of availability of any benefit associated with a packaged account; or
(c). abnormal or unforeseeable circumstances which are outside our (or our agents’ and/or
subcontractors’) control – such as industrial action or mechanical failure – and which we could not
have avoided despite all efforts to the contrary. 19
18.1 If you have money in one of your accounts, we may set it off against any amount you owe us which
is due for payment, so that it reduces or repays the amount you owe us. We’ll do this if we think it is
reasonable, taking into account your circumstances. We’ll ensure that you still have enough money to
meet essential living expenses. We’ll also take note of any regulatory requirements.
‘we’ and ‘us’, for these purposes, includes our Co-operative Bank, smile and Britannia brands.
Amounts owed to us and due for payment include, for example, amounts owed under a loan, credit
card, mortgage or overdraft.
18.2 We can use our set-off right if you have accounts that are only in your name as well as joint accounts
you hold with another person (X) as shown below:
You and X X
18.3 We can use money in your account even if there is a court decision against you or you are fined (including
interest arising after the date of the final decision or fine), unless the court instructs us otherwise, or we
are otherwise prevented by law.
18.4 Occasionally we receive legal instructions or notices to hold a customer’s money for someone else, or
to pay it to someone else. If this happens, the money we hold for the other person will be what is left
after we have used our right of set-off, including any interest arising after the legal instruction or notice
(unless we decide otherwise or we are prevented by law or regulation).
18.5 To let you know the date and details of the action we’ll take, we’ll write to you 14 days before we make
any set-off between your accounts.
18.6 If we use money from an interest-bearing account, we’ll apply interest to the money in that account
until the set-off date. After the set-off date, interest will only be payable on any credit balance remaining
in your accounts. We won’t use balances on any Individual Savings Accounts (ISAs), children’s savings
or fixed-term deposit accounts before maturity to set off amounts you owe.
19. Complaints
19.1 If you have a complaint, please contact us using the details at the front of this document.
19.2 If you are still unhappy with our response, you may be entitled to refer your complaint to the Financial
Ombudsman Service, Exchange Tower, Harbour Exchange, London E14 9SR or telephone 0300 123 9123*
or email complaint.info@financial-ombudsman.org.uk. For more information visit: financial-ombudsman.
org.uk. The Financial Ombudsman Service is a free service set up to help resolve individual disputes
between customers and businesses providing financial services in the UK.
19.3 If you purchased your account online, you may also have the option to refer your complaint to the
Financial Ombudsman Service using the Online Dispute Resolution platform. The platform has been
established by the European Commission to provide an online tool for consumers to resolve disputes
about goods and services purchased online. The platform can be found at http://ec.europa.eu/
consumers/odr/.
19.4 If you think we’ve failed to meet our legal requirements under the Payment Services Regulations
(PSRs), you can complain to the FCA using the contact details on their main contact page:
https://www.fca.org.uk/contact. The PSRs require us to provide you with appropriate information
about your transactions and consider complaints in a timely manner, among other things. For more
information, visit: fca.org.uk/consumers/how-complain/submit-information-payment-services-e-
money-firm
20
21
22
and discount schemes. Please check with your telephone service provider.
We like our communications to have an impact on you – but not on the environment.
This document is printed using vegetable oil-based inks on paper which is Forest
Stewardship Council® certified and made in an elemental chlorine-free process.