We will need to be in touch with you fairly regularly about your account.
Where we can, we'll do that electronically (by email, text message, push notification or messages through a secure online portal) using the most recent information you have provided. We might put messages on your monthly statements too.
Sometimes we might have to phone you (including automated dialling), write to you or get hold of you in some other way.
If we have to give you notice of something in writing (including notifying you of suspected or actual fraud, or security threats) we will usually do this by the electronic methods set out above, where permitted. If we send communications to an address, we will send these to the most recent address we hold.
If you change your name, address, email or phone number
If you (or any additional cardholders) change your name, address, email or phone number, tell us right away. That goes for both mobile and landline numbers. And we might ask you to send us proof, if we need it.
We'll need to run a few checks before we open your account. These will include assessments of your creditworthiness, the affordability of your repayments and checks that you are who you say you are.
Once you've passed the checks, we'll send you (and any additional cardholders) a card and PIN – and tell you your credit limit.
Your credit limit
We'll show your credit limit on your monthly statements, in case you need to check (it could change over time). Keep an eye on what you (and any additional cardholders) spend, and factor in any interest, fees and charges you might owe too. Because once you reach your limit, your card (and any other ways of paying we may give you) may stop working until you've paid off some of the debt.
This is a credit card, not a bank account, so if there's ever a positive balance on it (for example: because you got a refund on something you bought), we might send it back to you.
Once we have opened your account, you can use it to make any transactions that do not need a card (for example: online or over the phone). You (and any additional cardholders) can use your account (and any other ways of paying we may give you) to pay for things, withdraw cash or use for cash-like transactions.
Only the person whose name is printed on the front of the card can use it. You're responsible for everything that you (and any additional cardholders) spend on your account. You must tell us if you want us to stop one of your additional cardholders from using their card.
You must tell us if you want us to stop one of your additional cardholders from using your account any more. If you can't destroy their card (or any other ways of paying we gave you), we'll have to send you (and any additional cardholders) new ones.
You'll need to activate your card before you can use it. Every time you want to use your card for a transaction, you'll need to authorise it in some way. That includes:
- using your card with your PIN or signature
- using your card details without your card (for example: online transactions)
- tapping your card on a contactless reader
- using a digital version of your card on any device (for example: your smartphone)
- asking us to make a balance transfer or other transfer.
Once you've authorised a payment, you can't stop it. And you can't get a refund for any non-refundable fees unless you withdraw from this agreement.
You can only use your card until the expiry date printed on it.
Covering your losses
If we've made a mistake or taken too long to make or stop a payment, we'll cover you up to the original amount, plus any extra charges or interest you've had to pay directly because of our mistake or delay.
But we're not responsible if:
- a shop or cash machine won't accept your card and you end up losing money
- a transaction doesn't go through for a valid reason (for example: it would put your balance over your credit limit)
- something happens that's beyond our reasonable control (for example: a major systems failure, or a strike).
We will only give you a refund if you're legally entitled to one and the retailer sends us a refund voucher (or something similar). This doesn't affect your other legal rights. You can read more about those in Key Information.
If you use your card (or any other ways of paying we gave you) to pay for something in the European Economic Area before you know the exact amount and it turns out to be much larger than you thought, you might be able to get a refund (unless it's bigger than expected because the exchange rate has changed).
Tell us within eight weeks from the date the money came out of your account and we'll either give you a refund or tell you why not within 10 business days (we might ask you for more information first). You won't get a refund if we or the supplier told you exactly how much it would be at least four weeks beforehand and you agreed to it.
If you don't agree with our decision, you can make a complaint. For more on that, see Section 19.
You can ask to make a balance transfer at any time, as long as it's at least £50 and you have enough credit available.
You might have to pay some charges. You're the only person who can ask for one – not any of your additional cardholders - and you can do it by either phoning us or completing a form.
If it's after 4pm UK time, we'll put it through on the next business day (assuming we've approved it).
Keeping your account and personal details safe is really important to us. But we also expect you (and any additional cardholders) to do everything you can to keep them safe too (for example: not sharing your card or PIN, not leaving your card or details where someone can steal them, not writing your PIN down).
Cards and other methods of paying we may give you
You (and any additional cardholders) need to sign the back of your card as soon as you get it. It's up to you to keep your cards in a safe place, where they can't fall into the wrong hands – and to follow any other security steps we ask you to.
And never give your card details to anyone, except when you have to (for example: when you're paying, if you need to report it lost or stolen or when you're talking to us).
PINs and passwords
We'll give you (and any additional cardholders) a unique four-digit PIN. Memorise it, then destroy the letter it came in. And never give it to anyone else – not even us. You can change your PIN at any cash machine. But make sure you choose one that isn't easy to guess (so not 0000 or 1234).
You'll also need to choose a password that you – and only you – will use to access your account, either online or over the phone. Keep that secret too.
If you've agreed to make any repeat transactions (for example: a subscription), they'll carry on until you tell us or whoever you're paying to stop. You can ask us to cancel a transaction at any point before the end of the business day before it's due. Make sure you tell whoever you're paying too, or they might still try to take it.
If any transactions go out of your account after you've asked us to stop them, we'll refund them in full (plus any charges or interest). Just so you know, the Direct Debit Guarantee doesn't cover repeat transactions with your credit card.
Once a month, we'll send you a statement telling you how much you need to pay us and by when (unless you haven't used your card in the last month and don't owe us anything). You need to pay us at least the minimum monthly payment. You can read how we work out your minimum monthly payment in Key Financial Information.
It's really important that you pay on time to avoid any late payment fees and extra interest. And if you ever go over your credit limit, you need to pay us back the bit that's over the limit, as well as any amount that's overdue, right away.
You're responsible for paying back whatever anyone spends on your account – along with any interest, fees, costs, charges and expenses. And you must pay us back in British Pounds Sterling, not other currencies.
You must not hold back any payments you owe us, unless you have a legal right. And if we owe you any money and you're over your limit or behind with your payments, we can take it off anything you owe us.
8. Optional Payment Protection Insurance ('PPI')
If you took out PPI, you agreed that we could pay the premiums to the insurers in the way they asked – and that they'll settle any valid claims by paying us (not you). We'll use that money to repay what you owe us or as much as it will cover under this agreement.
Your monthly statements will show you:
- your minimum monthly payment
- when you need to pay us by (due date)
- everything you've spent since your last statement
- any interest, fees, costs, charges and expenses
- any payments you've made since your last statement
- your account balance when the statement was produced. If you spot anything you don't recognise, tell us straight away.
We can choose any date each month as your statement date. But if that day happens to fall on a weekend or public holiday, you'll get it on the next business day (which could be the next month). Your statement could also include transactions from a previous calendar month, for the same reason.
If you don't get your statement for any reason, please get in touch (unless you haven't used your card and don't owe us anything or we've served you with a default notice).
If you think any of your cards, other methods of paying, passwords or PINs have been lost, stolen or misused, get in touch right away. We might also ask you to send us a letter with all the details. In some cases, we might share what we know with the police (and other authorities) and take any other steps we think could help.
Once you've phoned us, you (and any additional cardholders) should destroy any cards or other methods of paying you still have. That means cutting the card through the signature box, magnetic strip and chip.
You're not responsible for any unauthorised transactions that happen after you've reported your cards, other methods of paying, passwords or PIN lost or stolen – unless you knowingly let someone else (other than an additional cardholder) use them or you have given your consent to the transaction.
From time to time, we might offer you incentives linked to opening or using your account. When we do, we'll tell you:
- what the reward or benefit is
- how long it will last
- what the terms and conditions are.
We can change or stop offering these rewards or benefits at any time. See the Variation section in Key Information to find out more.
12. Promotional transactions
From time to time, we might charge a promotional interest rate for all or parts of your balance. We might also offer preferential fees or other terms on transactions you make. When we do, we'll tell you:
- what the interest rate is
- what you need to do to get it
- how long it will last
- what the terms and conditions are.
You can see what our current charges are in the Key Information section.
If you do need to pay any charges, we'll add them to your balance and show them on your next monthly statement.
What we might charge you for
- late or missed payments (including when only a partial payment has been made)
- failed or rejected cheques
- going over your credit limit (or staying over it for further statement periods)
- withdrawing cash
- cash-like transactions (for example: gambling where permitted, cryptocurrency purchases)
- Non-Sterling Transaction Fees (for example: for transactions in other currencies)
- making balance transfers
- admin charges for special requests (for example: express payments).
If you don't pay
If we have to spend time or money trying to get back the money you owe us, you'll have to cover all reasonable costs and expenses.
That includes things like:
- tracing you, because you didn't tell us you'd moved
- getting back your cards
- putting your account on a restricted list
- legal costs
- anything else where you've broken the terms of this agreement and it's cost us money.
If you make a transaction in a foreign currency, it'll be converted into British Pounds Sterling using the payment scheme exchange rate (which is set by Mastercard or Visa, depending which card you have). We may also apply a Non-Sterling Transaction Fee to a transaction made in another currency.
The exchange rate is calculated at the date and time the transaction is processed by Mastercard or Visa. Exchange rates change by the day. So the rate used when the transaction is processed could be different from the rate on the day you made the transaction.
You'll be able to see which rate we used and the final amount on your next statement.
To check today's payment scheme exchange rate, look on the official Mastercard or Visa website (depending on which card you have).
You can find more information on our website about using your card abroad, including how to compare our Non-Sterling Transaction Fee with the charges of other currency conversion options (for example, choosing to pay in Sterling when you make a purchase abroad). Visit our website: capitalone.co.uk/foreign
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'll find our most up-to-date contact details on our website: capitalone.co.uk/contactus
Our official company details
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.
16, 17 & 18. Closing your account
Your account isn't for a set length of time. Either you or we can close it, at any time. Once it's closed this agreement will end and you must destroy any cards for your account. That means cutting the card through the signature box, magnetic strip and any chip.
If it's your decision to close it
You can close your account at any time by phoning or writing to us (see our website - capitalone.co.uk/contactus - for up-to-date contact details or check your last statement). Before we close your account, you'll have to pay off everything you owe us.
If it's our decision to close it
We'll either try to give you at least two months' notice, in writing or we might close the account and demand you repay us in full straight away (providing we comply with any legal obligations) if we think you or any additional cardholder may have:
- regularly or seriously broken the terms of the agreement (for example: by missing monthly payments or going over your credit limit)
- given us false or misleading information
- been declared bankrupt (or equivalent, in another country) or made arrangements with your creditors
- got your account illegally, or used it to do illegal things (or letting someone else do the same) committed fraud
- threatened or abused our staff.
We might also close your account if you move abroad, or we're notified of your death. These are all situations that we consider are in breach of this agreement.
How we may restrict the use of your account
As well as closing your account, we can also suspend, restrict or cancel use of your account. We may do this if:
- we don't think your account is secure
- we suspect fraud, unauthorised use, or illegal activity associated with the account
- we think there's a risk you might not be able to repay what you owe us
- we have to, by law.
- you have built up and held debt on your card over a long period and we think it will help you to repay your balance within a reasonable period.
But we'll always try to let you know what we're going to do before we do it.
If you haven't used your card for a reasonable period
We can also close or suspend your account or lower your credit limit if you haven't used your card at all for a long time. But we might write to you first, to check whether you plan to use it again. And we'll still give you two months' notice, in writing, before we finally close it.
We can also refuse to make transactions from your account, for different reasons.
- to keep your account safe and secure
- you're over your credit limit
- you haven't made your minimum monthly payment
- you've told us your card is lost or stolen
- we suspect fraud or anything illegal
- we have good reason to suspect whoever you're buying from won't give you whatever you're trying to pay for
- we have good reason to suspect that you (or any additional cardholder) is about to commit a crime using the card/account, or already has
- we have to, by law.
If we do refuse a transaction your agreement will still continue. If we refuse to make a payment and it ends up costing you (or any additional cardholders) money, we won't cover your losses or pay you any compensation.
To make a complaint
Please write to:
Complaints resolution Capital One
PO Box 5281 Nottingham
Then, if you're not happy with the outcome of your complaint, you have the right to complain to the Financial Ombudsman Service:
The Financial Ombudsman Service
Exchange Tower, London E14 9SR
Phone: 0800 023 4567
You can find out more on their website:
If you signed up for your account online, you can also use the European Commission's online complaints system (the ODR platform: ec.europa.eu/odr). But that can take longer than complaining directly to the Financial Ombudsman Service.
To find out more about our complaints process
Have a look on our website: capitalone.co.uk/complaint
To find out more about your rights
If you'd like to know more about your rights under the Consumer Credit Act 1974, get in touch with either your local Trading Standards Office or Citizens Advice. You'll find their details online.
The Financial Conduct Authority is the supervisory authority of consumer credit agreements under the Consumer Credit Act 1974. Their address is 12 Endeavour Square, London E20 1JN.
20. Other things you should know
The sections called Credit Limit and Monthly Payments in Key Financial Information – and the sections called Interest Rate and Allocation of Payments in Other Financial Information, Key Information, Variation and Other Features – are part of this agreement too.
- Even if one thing in this agreement is found to be invalid or unenforceable, everything else still applies.
- We're not responsible for anything that's beyond our reasonable control (for example: a major systems failure, or a strike).
- Even if we don't enforce any of our rights straight away, that doesn't mean we can't later on.
- We can accept late payments, part-payments or cheques and money orders marked 'payment in full' – or something similar – without losing any of our rights.
- We have the right to transfer our rights and responsibilities – including your debt – at any time, as long as it doesn't affect your rights (for example: if we sell our business to another business).
- Anything we've written in the singular includes the plural – and vice versa (so 'card' includes 'cards', for instance).
- None of the section headings in this agreement affect the meaning of the terms in the section.
- This agreement is between you and us. No one else has the legal right to enforce any of the terms under the Contracts (Rights Of Third Parties) Act 1999.
- You have the right to ask us for a copy of this agreement at any time.
A credit card account opened by us in your name.
Anyone else on your account that you ask us to give a card to, provided we approve them.
To transfer money to your account from another financial institution in the UK.
How much the Bank of England charge to lend money to commercial banks. The rate sets the benchmark for how much those banks charge their customers. If it sets a range of lending rates, the lowest lending rate will be the Base Rate.
Monday to Friday, 9am–4:30pm UK time (except public holidays).
Capital One Group
Us, our ultimate holding company and any of its subsidiaries.
Includes your card, any of your additional cardholders' cards, and any other ways of paying we may give you.
Cardholder/You & Your
The person who entered into the agreement with us.
Cash withdrawal (or withdraw cash)
Any cash that you or your additional cardholders take out from a cash machine.
These transactions include:
- taking out foreign currency, travellers' cheques, money orders
- making a payment to open an account
- gambling where permitted, and some transactions within gambling establishments
- buying digital currencies including cryptocurrencies.
For these kinds of transactions, you'll be charged the cash withdrawal handling fee. Interest will be charged from the date the money leaves your account until you repay it.
Our charges, as set out in Key Information and the Charges section.
How much interest we charge above the Bank of England 'Base Rate'.
Non-Sterling Transaction Fee
A charge that we apply when there is a currency conversion involved in a transaction you've made (when you pay in a currency other than British Pounds Sterling).
Any money you owe us (including what you've spent, interest, fees, charges and expenses).
A company, or group of companies, who we work with to provide your card.
Payment scheme exchange rate
The exchange rate set by Mastercard or Visa (depending on which card you have) to convert a transaction in a foreign currency to British Pounds Sterling on the day your transaction is processed.
Personal Identification Number – the four digit code we may give you (or you choose yourself) to authorise payments and withdraw cash.
Promotional interest rate
A special interest rate that you get for a set time. It'll be better than the usual rate.
A transaction that qualifies for a special interest rate or special terms.
Anything you or your additional cardholders pay for with your card or other ways of paying – goods, services, subscriptions, insurance premiums (and so on). But not cash withdrawals or cash-like transactions.
Regular transactions you or an additional cardholder agree to keep making to a third party until you tell us to stop. Unlike Direct Debits, they aren't protected by the Direct Debit Guarantee.
Standard balance transfers rate
Our normal interest rate for balance transfers.
Standard cash withdrawals rate
Our normal interest rate for cash withdrawals or cash-like transactions.
Standard interest rate
Our normal interest rate for purchases, balance transfers, cash withdrawals or cash-like transactions.
Standard purchases rate
Our normal interest rate for purchases.
A document that shows you your current credit limit, what you've spent where and when, and how much you need to pay us by when.
The dates that your statement covers (for example: 10 May to 9 June). If we don't send you a statement, it's the period since the date we last calculated your monthly interest.
Anything you do on your account – anything you buy, balance transfers, cash withdrawals and cash-like transactions.
We, us, our
Capital One (Europe) plc of Trent House, Station Street, Nottingham NG2 3HX.
Includes email, unless we say otherwise.
The contact address you've given us (if you forget to tell us you've moved, your old address will still count as 'your address').
22. Governing law and language
This agreement and all communications in connection with it is written in English and governed by the law of England and Wales. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. But if you're a resident of Northern Ireland or Scotland, you can bring proceedings in Northern Ireland or Scotland.