1. Electronic communications
By entering into this agreement you agree that we may deliver all communications (including those that we are required to deliver by law - e.g. statements and notices), where we are permitted, by electronic methods, including by email, text message and/or transmitting information to a secure online portal. In addition, we may put messages on your monthly statements. We may also contact you by post, phone (including automated dialling), or any other form of communication for any reason that has been explained in this agreement.
2. Opening your account and issuing the card
Once your account is opened, we'll manage it in line with the terms detailed in this agreement. We'll open your account
once creditworthiness and affordability, fraud, identity and other checks have been completed successfully.
We'll send a card to you and any additional cardholders linked to your account, which will need to be used in line with these terms. You can only use your card until
the expiry date printed on the front of it, or until this agreement comes to an end. It can be ended either by you or by us, and you can read more about how that could happen in
the section about how your account can be closed, its use restricted or a transaction refused.
We'll tell you what your credit limit is once we have opened your account. We'll also show this on your monthly statements, along with how much you have left to spend.
Please remember that if you go over your credit limit, you and any additional cardholders must stop using the card(s) and credit card cheques.
3. Using your account and your card
You and any additional cardholders can use the card (or any other payment device we may provide from time to time), account or
credit card cheques to make purchases or cash withdrawals anywhere they are accepted, but only you can make balance transfers.
Once we have opened your account you can use it to make any transactions that do not need a card. You will be able to make any
other transactions when you have received and activated your card.If you want to make a transaction using your card or card details,
you will need to authorise it so that we can make sure it is genuine.
You can authorise a transaction by:
- using your card together with your PIN or signature,
- using the card number and/or other details that you provide if you make a transaction remotely (for example by telephone or on–line),
- presenting your card to the supplier's payment terminal if the transaction is made using contactless technology,
- presenting any other device on which a digitised card is stored and/or following any authentication process associated with the use of a digitised card; or
- asking us to make a balance transfer or other type of transfer that may be permitted from time to time.
You cannot stop a transaction made with your card or card details or balance transfer after it has been made, and any applicable handling fees cannot be refunded unless you are withdrawing from the agreement.
Only the person whose name is printed on the front of the card or credit card cheques can use them.
When purchases, cash withdrawals, credits to your account and balance transfers are added together – along with interest and all other fees, charges and expenses – the total must not go over your credit limit.
We aren't responsible and will not be liable for any loss suffered if you or an additional cardholder is not able to use the card, credit card cheques, PIN, password or anything else related to your account, where:
- a retailer won't accept the card or credit card cheques to pay for goods or services,
- a bank, building society or cash machine doesn't let you withdraw cash; or
- you are unable to use it due to circumstances which are not within our direct control. Where we refuse to authorise a transaction for reasons permitted under this agreement we will not be liable for any loss suffered.
If we are liable for any losses due to a delay or error by us in carrying out your instructions to
make or stop a payment our liability will be limited to (i) the amount of such payment; and (ii)
the amount of any interest and charges you have to pay directly as a result of such delay or
error. Where you are entitled to a refund we will refund the above amount without undue delay.
We can only make a refund to your account if the retailer is legally required to make a refund, and they send us a
refund voucher or similar notice if we need it. Please note that this will not affect your legal rights. For more
information about your rights, have a look at the Key Information section.
Your account is a credit card facility and you should not therefore put it into credit. If your account
is in credit – say, for example, you paid off a purchase and then received a refund for it – we may
return this money to you.
You can use any credit card cheques you have related to your account for anything allowed under this agreement. You can only write them for amounts in British Pounds, otherwise known as 'Sterling'.
You cannot use credit card cheques to pay money to any Capital One account, or to pay any other amount you owe us. You can ask us to stop processing a credit card cheque, but only if its value hasn't already been debited from your account.
If you use your card or give your card details to make a transaction with a supplier in the EEA before
you know the amount that is going to be charged to your account, you may be entitled to ask
for a refund if the amount is unexpectedly large (except as a result of exchange rate movements).
However, you must tell us within eight weeks from the date we add the transaction to your account.
You will not be entitled to a refund if we or the supplier has told you the amount of the transaction
at least four weeks before your payment is due to us and you consented to us authorising the
transaction. We may ask you to give us enough information to allow us to investigate your request
for a refund. We will either give you a refund or let you know why we have decided to refuse within
ten business days of either your request or of receiving any extra information we have asked you
for. If we refuse to give you a refund, we will tell you our reasons. If you do not agree, you may
complain to us in the way we have explained in the section titled '19. Complaints.'
4. Additional cardholders
If you ask us to, we may give a card and PIN to additional cardholders for them to use with your account. It's
important to make sure that additional cardholders use the card, credit card cheques and PIN in line with the
terms of this agreement. Remember that you'll be responsible for additional cardholders following these terms,
all their transactions and everything they spend on your account, even if they break these terms.
You must tell us if you want us to stop an additional cardholder from using your account. If you can't destroy
the card or credit card cheques issued to them, we will unfortunately have to restrict use of your account
and reissue a new card to you.
You can ask us to make a balance transfer at any time for a minimum of £50, but these can only be made by you, not additional cardholders.
Any request you make must be made either
by phone or by using a form that we have provided to you specifically for this purpose (whether
electronically or otherwise). If you ask us to make a balance transfer in any other way, we will
regard your request as invalid. We will treat any request you make as having been received on the
business day we receive it or the day we open your account, whichever is later, unless you agree
with us another day for your balance transfer request to be received. If we receive your request
to make a balance transfer after 4.30pm GMT or on a day that is not a business day, we will treat
it as received on the next business day. The maximum amount you can transfer depends on how much of your credit limit is available. Any balance
transfer also has to be approved by us before we can process it. Please note that there may be charges
associated with a balance transfer.
6. Protecting your card and account
Keeping your account safe is really important. You and any additional cardholders should take all
reasonable precautions to prevent your card, your PIN, your password or any other security details
for the card or your account from being used to commit fraud. The first thing you must do to help
protect it is to sign the back of your card as soon as you get it, and ask any additional cardholders to
do the same. You must keep your card in a safe place, along with any credit card cheques you have,
and follow any other guidelines we give you about protecting your card and your security details
from unauthorised use.
You and any additional cardholders should only disclose the card number when you make a
transaction, use a card protection scheme we have authorised, interact with us, or report the card
lost or stolen.
We'll give you and each of your additional cardholders your own PIN to use with your account. You'll need
this to authorise certain transactions you make. Each of you can change your individual PIN to a four–digit
number of your choice using a cash machine. However, you shouldn't choose an 'unsafe' number like '1234', '0000'
or '9999' – numbers that are easy for someone else to guess.
You must keep your PIN secret and never give it to anyone else, not even our own staff or retailers. You must
memorise your PIN when you get it and then destroy the letter it came in.
You should also choose a password to use with your account to access your account online and over
the telephone, which also needs to be kept secure to help protect your account from fraud. Only
you, not additional cardholders, can use this password.
7. Recurring transactions
If you have authorised a recurring transaction (such as a magazine subscription), the retailer may continue to take payments from your account until you tell them or us to cancel it.
You may withdraw your authorisation at any time up to the end of the business day before the recurring transaction is due to be paid. Once you have told us to cancel it, we will use
our best efforts to stop these transactions from being charged to your account. As recurring transactions are initiated by the supplier, you may wish to contact the retailer as well
to stop the recurring transaction from being initiated. If the recurring transaction is taken from your account after you have withdrawn your authorisation we will refund the transaction
amount together with any related charges or interest. Recurring transactions are not covered by the Direct Debit Guarantee.
We may, at our discretion, from time to time provide rewards or benefits linked to the opening or use of your account. We will advise you of the nature of the rewards or benefits and the terms that apply to them and their availability. We may change, withdraw or suspend the rewards or benefits as set out in the section titled, 'Variation' within 'Key Information'.
9. Your monthly payments and statements
When you're paying your credit card bill, you must pay us at least the minimum monthly payment by the date written on your statement. We call this the 'due date'. You can read how we calculate your minimum monthly payment in the 'Monthly Payments' Section of 'Key Financial Information'.
It's really important that you pay on time to avoid any late payment fees and extra interest charges. You must immediately pay any amount over your credit limit, as well as any amount that is overdue or that breaks the terms of this agreement.
You also need to pay us for all transactions on your account - whether they're made by you or additional cardholders - along with any interest, fees, costs, charges and expenses. Any payments you make must be in Sterling.
You must not hold back any payments you owe us, unless you have a legal right to do so. If we owe you any money, but you are in arrears or you go over your credit limit, we can use the money we owe you to reduce the amount you owe us.
We'll produce a statement for each month unless:
- there has been no activity on your account and there is no payment to make; or
- we've sent you a default notice.
Your statement shows your minimum monthly payment, your due date as well as all the transactions – including interest, fees, costs, charges and expenses – that have been added to your account, along with any payments you have made since your last statement. If you do not agree with any item on your statement, you must notify us without delay. It also tells you the total balance of your account on the date the statement was produced.
We can choose any date each month as your statement date. However, if that day happens to fall on a weekend or public holiday – days when we can't produce statements – we'll produce it on the next working day, which may then fall into the next month. It's worth noting that statements can include transactions from a previous calendar month.
If for any reason you don't receive a statement, please contact us.
10. Optional Capital One Payment Protection Insurance ('PPI')
If you took out PPI you're allowing us to pay the premiums to the insurers in the way they asked. You also agree that the
insurers will settle any valid claim you have by paying us so we can then credit your account. We will use the payment to
clear what you owe us, or as much as we can, under this agreement.
11. Lost or stolen cards and PIN
You must call us immediately on 0800 952 5267*, or if you're abroad on +44 115 993 8002, if you think:
- any cards or credit card cheques have been lost or stolen,
- someone else has found out your PIN or password, or
- someone else is using them without your permission.
We may also ask you to confirm this by writing to us at the address given in the section about us, how you can get
in touch and communicating with you. In these cases,
you'll need to give us – and possibly a law enforcement agency – everything you know about the loss, theft or misuse.
In some cases we'll give law enforcement agencies information and take any other steps we think could help the situation.
Once you've told us that a card or credit card cheques have been lost or stolen, or you think that someone else knows your
PIN or password, you and any additional cardholders must not use them again. It's important that any cards or credit card cheques you
still have linked to your account are destroyed straight away. What we mean by 'destroy' is cutting the card through the signature box,
magnetic strip and any chip, and cutting all credit card cheques in half.
You will not be responsible for any unauthorised transactions which are made after you told us that
your security details are no longer safe. You won't be liable for anything if a fraudulent transaction
was carried out where you didn't need to be present - like internet shopping and mail order - and
that person didn't have your permission to use your account.
You may be responsible where;
- you have allowed another person to make transactions, (other than an additional cardholder) up until the point that you tell us that any transactions are unauthorised; or
- you have given your consent to the transaction.
12. Promotional transactions
We may, at our discretion, from time to time charge a promotional interest rate in respect of purchases, balance transfers, cash withdrawals,
or such other purposes for which we notify you your account may be used under this agreement. We may also apply other preferential fees or other
terms on transactions you make. We call these 'promotional transactions'. Before you make any promotional transactions we'll tell you:
- what the interest rate is,
- when you need to make your transactions by to benefit from the promotion,
- details of any fees or other terms, that apply to the transactions; and
- how long the interest rate and terms last for.
You can find details of our current charges, which you may need to pay depending on how you use your account, in the 'Key Information' section. If you do need to pay any charges, we'll add these to your outstanding balance.
We'll notify you from time to time telling you if you have incurred any charges. These charges could result from any of the following:
- Late or failure to pay default sum ‐ you need to pay this charge if you don't make your minimum monthly payment by the date shown on your statement,
- Returned payment default sum – you will need to pay this charge if a cheque, credit card cheque, Direct Debit instruction or other method of payment is not honoured,
- Overlimit default sum ‐ this is a charge you pay each statement period where you are over your credit limit,
- Returned credit card cheque default sum ‐ you will pay this charge for any unpaid credit card cheque we have to return for any valid reason,
- Cash withdrawal handling fee ‐ this is a charge you pay when you withdraw cash,
- Non-sterling transaction fee ‐ this is a charge that is applied to a transaction made on your account that isn't in Sterling,
- Balance transfer fee ‐ this is a charge that is applied when you make a balance transfer; or
- Administration charges ‐ you may have to pay a charge for any special requests you make, including making a payment to your account through any express payment service.
You have to pay us all reasonable costs and expenses of attempting to recover and collecting any amount you owe us. These include:
- tracing your whereabouts if you haven't told us you've changed address,
- trying to retrieve any cards and credit card cheques,
- placing your account on a restricted list,
- costs and expenses incurred as a result of having to take legal action to recover any amount you owe; or
- where we have incurred costs for any other reason where you haven't met the terms of this agreement.
14. Non-sterling transaction fee
Any transaction made on your account that isn't in Sterling will be converted to Sterling on the day it's added to your
account using the payment scheme exchange rate. This is the exchange rate set by Mastercard or Visa, depending on your
card payment scheme, and is calculated at the date and time the transaction is authorised. A Non-sterling transaction
fee is also added to a transaction made in another currency.
The payment scheme exchange rate used might be slightly different from the rate when the transaction was
made as exchange rates vary on a daily basis. You'll see the rate used for the transaction, along with the amount of the
transaction in Sterling, on your statement. To get an idea of the 'payment scheme exchange rate', visit Mastercard or Visa's website.
15. About us, how you can get in touch and communicating with you
Our company is registered in England and Wales. Our company registration number is 3879023 and our registered
office is at Trent House, Station Street, Nottingham NG2 3HX.
If you want to write to us, or you're required to by this agreement, for example, because you need to let
us know you want to close your account, you can do this by writing to us. You can find further details of how
to contact us by visiting our website.
If we have to give you notice of something in writing, including notifying you in the event of suspected or actual fraud,
or security threats, where permitted, we will do this primarily by electronic
methods, including by email, text message or transmitting information to a secure online portal. In
addition, we may put messages on your monthly statements or give notice by post. Where we send
communications to an address, we will send these to the most recent address we hold. You must tell
us immediately if you change your name, address, phone number (mobile or land) or email address,
or if any additional cardholder changes their name. We may need written confirmation or evidence
of any change of details.
16, 17 and 18. How your account can be closed, its use restricted or a transaction refused
Your account has no fixed duration. There are two ways your account can be closed – either you can do it or we can do it. Once your account is closed your agreement will end. You must destroy any cards and credit card cheques linked to your account. To do this, cut the card through the signature box, magnetic strip and any chip, and cut all credit card cheques in half.
You close it
You can close your account at any time by calling or writing to us at the details set out in the section about us, how you can get in touch and communicating with you.
Before we action your request you must pay the outstanding balance on your account. Once you have paid your outstanding balance we can close your account.
We close it
If we decide to close your account, we'll either give you at least two months' notice in writing, or, subject to complying with our legal obligations, we
may close your account and demand immediate repayment of the outstanding debt, if you or an additional cardholder:
- regularly or seriously break any of the terms of this agreement, for example missing monthly payments or going over your credit limit,
- gave or give us any false or misleading information,
- you are declared bankrupt (or an equivalent in another jurisdiction) or make arrangements with your creditors,
- we reasonably suspect you may be using or obtaining, or allowing someone else to use or obtain an account illegally, or your account is, or we reasonably suspect is, being used for an illegal purpose,
- commit fraud, or we have grounds to suspect fraud,
- are threatening or abusive towards our staff,
- move abroad; or
- if the law states that we have to close your account.
These are all situations that we consider are in breach of this agreement.
How we may restrict the use of your account
Along with our other rights, we can stop, restrict or defer your right to use your account where we think it's
reasonable to do so because we don't think your account is secure, we believe there's been unauthorised or fraudulent
use of your account, we think that there is a risk that you may not be able to repay what you owe us, or we have to
by law. We'll always try and tell you what we're going to do before we stop, restrict or defer your rights.
In some circumstances we may refuse to authorise a transaction made from your account, including where:
- we think it's necessary to protect the security of your account,
- you have gone over a credit or other limit,
- you have failed to pay your minimum monthly payment,
- we are required to by law, by a court, by another authority or by another duty placed on us,
- you have told us your card is lost or stolen,
- we suspect fraud or illegal activity on your account,
- we have reasonable grounds to suspect the merchant will not provide the services or goods that you are attempting to purchase; or
- we have reasonable grounds for suspecting that you, an additional cardholder or third party has committed or is about to commit a crime or other abuse in connection with use of the card or account.
If we do refuse a transaction, your agreement will still continue. Please note that we won't
be responsible and will not incur liability for any loss or damage you or additional cardholders may suffer
as a result. We will tell you why we have refused a transaction primarily by electronic means.
We may close your account (by providing two months written notice), cancel or suspend your right to use your
account or reduce your credit limit if it has been dormant, meaning that there have been no transactions or
a zero balance for a reasonable period of time. Before we close, cancel or suspend your right to use your
account, we may contact you to determine whether you intend to make any further transactions on your account.
If you want to make a complaint, you can write to:
Capital One (Europe) plc, PO Box 5281, Nottingham NG2 3FA. Alternatively, you can find details of how to do it by
visiting www.capitalone.co.uk. If you're unhappy with how we have dealt with your complaint, you also have the right
to complain to the Financial Ombudsman Service by writing to: The Financial Ombudsman Service, Exchange Tower, London E14 9SR.
You can also contact them by telephone on 0800 023 4567 or email at complaint.info@financial–ombudsman.org.uk. You can find further
information by visiting www.financial–ombudsman.org.uk. If you entered into your agreement with
us online, you also have the option of using the online dispute resolution (ODR) platform set up by
the European Commission to make a complaint. The ODR platform will direct your complaint to
the Financial Ombudsman Service, which may mean it takes longer to resolve than if you complain
directly to the Financial Ombudsman Service. You can find more information and access the ODR
platform at ec.europa.eu/odr. If you'd like to know more about your rights under the Consumer Credit Act 1974,
please get in touch with either your local Trading Standards Department or your nearest Citizens Advice. You'll find their details
online or in the phone book.
The Financial Conduct Authority is the supervisory authority of consumer credit agreements under the Consumer Credit Act 1974. Their address is: 25 The North Colonnade, Canary Wharf, London E14 5HS. From summer 2018 it will be 12 Endeavour Square, London E20 1JN.
Here are some 'general' terms that form part of your agreement, but fall outside of the other sections.
- The sections relating to 'Credit Limit' and 'Monthly Payments' within 'Key Financial Information', 'Interest Rate' and 'Allocation of Payments' within 'Other Financial Information', 'Key Information', 'Variation' and any relevant 'Other Features' form part of the terms of this agreement.
- If any term in this agreement is found to be invalid, or we can't enforce it, this will not affect any other term.
- We won't be liable if we can't meet our responsibilities under this agreement because of a problem with a computer system or cash machine that's beyond our reasonable control. It's the same if there's an industrial dispute or any other circumstance that's beyond our reasonable control.
- If there's any delay in enforcing our rights under this agreement, it won't affect our rights.
- We may also accept late payments, part–payments or cheques and money orders marked 'payment in full' – or something similar – without losing any of our rights.
- We may transfer our rights, benefits and duties under this agreement – including any debt you have with us – at any time, providing this doesn't adversely affect your rights and duties.
- Any word in this agreement that is written in the singular, e.g. 'card', also includes the plural, e.g. 'cards', and vice versa.
- Any headings in this agreement do not affect the meaning of any terms in it.
- This agreement is between you and us. No other person has a right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms in it.
- You can ask for a copy of this agreement at any time.
Throughout this agreement there are words that we use that need defining, so you know exactly what they mean.
- means a credit card account opened by us in your name.
- 'balance transfer'
- means to transfer money to your account from another financial institution in the UK.
- 'base rate'
- means the base lending rate of the UK clearing banks, which is set by the Bank of England. If it sets a range of lending rates, the lowest lending rate will be the base rate.
- 'business day'
- means Monday – Friday 9.00am – 4.30pm GMT except bank or other public holidays.
- 'Capital One Group'
- means us, our ultimate holding company and any company which is a subsidiary of our ultimate holding company.
- means any credit card or other payment device we issue to you or any additional cardholder under this agreement.
- 'cardholder', 'you' and 'your'
- all mean the person who entered into this agreement with us.
- 'cash withdrawal'
- means any cash that you or additional cardholders take out. It also means any transaction where you or they:
- take out foreign currency, travellers cheques or money orders,
- make a payment to open a deposit account; or
- make a payment to an establishment that is identified as carrying on gambling, and the transaction is to pay for gambling activity.
- means the default sums and other charges explained in the section about charges and the 'Key Information' Section.
- 'credit card cheque'
- means any cheque we gave you that you or additional cardholders to use for transactions on your account.
- 'additional cardholder'
- means anyone you ask to be added to your account and we approve to receive a card under this agreement.
- means the percentage over the 'base rate' that we calculate interest at.
- 'Non-sterling transaction fee'
- – means the fee set out in the section about foreign transactions which is applied to transactions made in currency other than sterling.
- 'outstanding balance'
- means any money you owe us under this agreement, including transactions, interest, fees, charges and expenses, whether or not they have been debited from your account.
- means a company, or group of companies, with whom we have entered into an agreement, to issue your card.
- 'payment scheme exchange rate'
- means the exchange rate set by Mastercard or Visa (as applicable) and which is prevailing at the date and time your transaction is authorised.
- means the personal identification number we give you and each of your additional cardholders.
- 'promotional interest rate'
- means the interest rate that applies to any promotional transactions you make. This will be different to the standard interest rate that usually applies for the type of transaction you're making.
- 'promotional transaction'
- means a balance transfer, purchase, or cash withdrawal that benefits from a preferential rate of interest or other preferential terms. You can find out more about these in the section about promotional transactions.
- means any products, services and insurance premiums that you or additional cardholders pay for using your card, account or credit card cheques. It doesn't include cash withdrawals.
- 'recurring transaction'
- means a regular payment (including for an infinite period) that you (or an additional cardholder) authorise a third party to collect from your account. Recurring transactions are not covered by the Direct Debit Guarantee.
- 'standard balance transfers rate'
- means the interest rate that applies to balance transfers that don't benefit from a promotional interest rate.
- 'standard cash withdrawals rate'
- means the interest rate that applies to cash withdrawals that don't benefit from a promotional interest rate.
- 'standard interest rate'
- means the standard purchases, balance transfers or cash withdrawals rates that are explained in the 'Other Financial Information' Section.
- 'standard purchases rate'
- means the interest rate that applies to purchases that don't benefit from a promotional interest rate.
- means the statement explained in the section about your monthly payments and statements.
- 'statement period'
- means the period that your statement relates to. If we don't send you a statement, it's the period since the date we last calculated your monthly interest.
- means purchases, balance transfers and cash withdrawals made with the card, account or credit card cheques. These may or may not be promotional transactions.
- 'we', 'us' and 'our'
- mean Capital One (Europe) plc of Trent House, Station Street, Nottingham NG2 3HX.
- includes contacting you by email unless we say otherwise.
- 'your address'
- means the contact address you have given us. You can read more about this in the section about us, how you can get in touch and communicating with you.
22. Governing law and language
This agreement is governed by English law. You and we both agree to submit to the non–exclusive jurisdiction of the English
courts. However, if you're a resident of Northern Ireland you can also bring proceedings in Northern Ireland, and if you're a
resident of Scotland you can also bring proceedings in Scotland. This agreement and all communications in connection with it will be in English.
Other formats of your agreement
If you'd like this agreement in a different format, e.g. large print or Braille, please call us on 03444 812 812.
Calls may be recorded/monitored for training purposes.
*0800 numbers are free when calling from within the UK on a landline or UK mobile phone.
Capital One (Europe) plc. Registered Office, Trent House, Station Street, Nottingham NG2 3HX. Registered in England and Wales. Company Number 3879023.