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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HSBC T&Cs HERE


stax68
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*****************************************************************************************

Midland Bank/HSBC Personal Banking Terms and Conditions leaflets

*****************************************************************************************

 

****************************************************************************************************

MISSING - FULL T&Cs FOR ALL TIMES BEFORE 2003.

****************************************************************************************************

If you have any, please scan them and post images on this thread, or email images/pdf to [email protected].

Make sure you include the printer's info which is usually on the back cover in small print.

There is no print info for the 1996 version. If you have these T&Cs, please check the back and inside-front covers,

scan the relevant page - or the whole document -and post it here or send to [email protected].

 

 

****************************************************************************************************

THE MOST USEFUL BITS

****************************************************************************************************

Some suggestions for the 1996-1997 version are in post #49: http://www.consumeractiongroup.co.uk/forum/hsbc-bank/95312-hsbc-t-cs-here.html#post883209

It applies broadly to all of the subsequent versions until the major rewrite in Dec 2006.

 

 

****************************************************************************************************

UPDATE: ALL T&Cs ARE NOW AVAILABLE AS PDF FILES - a lot easier to use than picture files

****************************************************************************************************

The PDFs can be reached via the links on the right hand side of the list below.

Most of the PDFs have selectable text, but copied and pasted text is garbled in some cases.

 

To view and print PDF files you need Adobe Acrobat Reader, which if you don't already have it, can be

downloaded here: Adobe - Adobe Reader Download - All versions. Make sure you clear the tickboxes

asking if you want to download adobe photo album, google toolbar, etc - unless you do want these, which

is unlikely. If you find Acrobat Reader runs very slowly or gives you any other problems and you are using

Windows, an alternative is Foxit pdf reader. This link downloads the installer: Download Foxit Reader 2.0

 

I won't be posting any more images from now on, only pdfs. Info on saving or printing the existing images, and some

other stuff, is in post #50: http://www.consumeractiongroup.co.uk/forum/hsbc-bank/95312-hsbc-t-cs-here.html#post883383

All images are also available here: stax68 - Photobucket - Video and Image Hosting

 

 

****************************************************************************************************

WHAT THE DATES IN COLUMN 1 MEAN

****************************************************************************************************

1996 T&C:

The month is not known. The year is based on hearsay, though there's no reason to think it unreliable.

The format and Midland Bank brand provide good reason to think that they're no later than 96 in any case.

 

All partial T&Cs (extracts):

the date is based on info supplied by the legal dept. of a certain High Street Banking Company.

These should be taken as the date when the T&Cs took effect for existing customers.

 

All changes to T&Cs, and 2006-12-01 T&C:

the date the T&Cs took effect for existing customers, based on info from the front cover of the leaflet.

 

All others:

the publication date taken from the printer's info on the back page, where it is specified in the format MM/YY.

I suggest assuming that the T&Cs took effect for existing customers between one and four months after the print date.

 

This assumption is based on the following:

 

1. In the section about the issue of new T&Cs, the T&Cs state: If the change is to your disadvantage, we will tell you

about it personally at least 30 days before we make the change.We may make any other change immediately and tell

you about it within 30 days. If we make a disadvantageous change, you may, at any time up to 60 days from the date

we tell you of the change, switch your account or close it. This makes it likely that the T&Cs take effect at least one

month after issue.

 

2. The only examples where the dates can be compared are the two Changes to T&Cs leaflets. In those leaflets the

publication date is the same as the date when the T&Cs took effect for new customers. The T&Cs took effect for

existing customers 3 or 4 months later.

 

 

****************************************************************************************************

LIST OF T&Cs POSTED SO FAR

****************************************************************************************************

NOTE: ALL T&Cs ARE AVAILABLE IN PDF FORMAT -----> -----> -----> -----¬/

Month.. Print code..... Type.... Imgs Pgs Source.......... 1st post LINK TO PDF FILE

------- --------------- -------- ---- --- ---------------- -------- ********************************

1996-?? ?.............. Complete 25.. 25. scan of original 51...... 1996 HSBC T&C.pdf

1996-?? ?.............. Complete TEXT ... ................ 3....... 1996 HSBC T&C.rtf (Rich Text)

1997-01 ?.............. Extract. 3... 3.. dg photocopy.... 4....... 1997-01 HSBC T&C - part.pdf

1999-01 ?.............. Extract. 3... 3.. dg photocopy.... 5....... 1999-01 HSBC T&C - part.pdf

1999-09 ?.............. Extract. 2... 4.. dg photocopy.... 6....... 1999-09 HSBC T&C - part.pdf

2000-10 ?.............. Extract. 2... 4.. dg photocopy.... 7....... 2000-10 HSBC T&C - part.pdf

2002-07 ?.............. Extract. 3... 6.. dg photocopy.... 8....... 2002-07 HSBC T&C - part.pdf

2002-09 ?.............. Extract. 3... 6.. dg photocopy.... 9....... 2002-09 HSBC T&C - part.pdf

2003-06 MCP18139 06/03. Changes. 10.. 10. scan of original 10...... 2003-06 HSBC T&C - changes.pdf

2004-08 MCP21428....... Complete 48.. 48. archive.org..... 12...... 2004-08 HSBC T&C.pdf

2004-12 MCP21424 09/04. Changes. 10.. 10. scan of original 56...... 2004-12 HSBC T&C - changes.pdf

2005-08 MCP24515(08/05) Complete 47.. 47. archive.org..... 61...... 2005-08 HSBC T&C.pdf

2006-12 MCP27762 12/06. Complete 47.. 47. hsbc.co.uk...... none.... 2006-12 HSBC T&C.pdf

2006-12 None........... Complete 25.. 48. scan of original none.... 2006-12-01 HSBC T&C.pdf

 

****************************************************************************************************

PLEASE SEND ANY T&Cs, PRICE LISTS AND FACILITY LETTERS TO [email protected]

****************************************************************************************************

 

 

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Hi stax. the trouble with posting the T&C's here is that if noone posts on here the thread just vanishes from the front page. T&C's need to be posted onto bankfodders thread in the info bit.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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I'll put them here anyway Jo.

 

text from 1996 t&c's Midland

 

Midland

The Listening Bank

Terms and Conditions

Introduction

These terms and conditions are the contract between you and us.

They:

. apply if you have a personal account, including a joint account, with Midland

. explain our obligations to you and your obligations to us

. apply to all our services although these terms and conditions may be added to or varied by specific conditions for certain services

We may change these terms and conditions at our discretion by giving you at least one month's notice in our branches, or in the national press or by post. The changed terms and conditions will apply from the date specified in the notice. We may also agree separate terms with you in writing.

1 Opening an account

1.1 If you wish to open an account with us, we will ask you for proof of your identity. For further details, see appropriate application form or ask at your branch.

2 Documents

2.1 Account in your name only

So that we can pay cheques and other items from your account we will ask you to fill in a form (called a mandate) showing a specimen of your signature.

2.2 Joint account

2.2.1 If you are opening a joint account with another person(s) (such as your husband, wife or partner), we will ask for a specimen signature from the other person(s) as well.

2.2.2 Where the mandate authorises any of the joint account holders to act on behalf of all joint account holders we will accept such authority until such time as the mandate is varied or terminated by any one joint account holder, or by law.

2.2.3 If any of the joint account holders informs us of a dispute between the joint account holders, we may treat this information as notice of termination of the mandate. Any further transactions will need the authority of all the joint account holders. We may also ask for the return of any cards issued. Until the card(s) is/are returned, card transactions will be debited to the joint account (see also 9.1.4).

2.2.4 In the event of the death of anyone joint account holder, the surviving joint account holder(s) will be asked to complete a new mandate.Subject to any rights we or a third party may have, any credit balance will be at the disposal of the survivor(s).

2.3 Third party mandateYou can authorise another person to make payments from your account. If you wish to do so, we will ask you to fill in a separate mandate. Please ask at your branch for details.

3 Paying into your account

3.1 We will accept the following items for payment into your account:

. cash

. cheques or other items that are made payable to you

3.2 If you want to pay in a cheque or other item that has been made out to someone else, that person must sign it on the back. We may ask for further details before we agree to accept it. If a cheque or other item is marked on the front not transferable or account payee, we can only accept it for the person it is made out to. The only exception to this rule is a joint account. We will accept such a cheque or other item made out to only one of the account holders. If a cheque or other item is made out to Mr and Mrs Hall or J. Hall and M. Hall and there is no joint account, it cannot be paid into a sole account.

3.3 If you want to pay in foreign currency or a cheque made out in a foreign currency, we will tell you the rate of exchange and fees we may charge.

3.4 If a cheque which you have paid into your account is returned unpaid, the sum shown on it will be debited to your account. We will tell you that this has been done. Depending on why it was unpaid, we will either ask for payment again from the bank of the person who issued it, or return it to you. Different procedures apply for foreign currency cheques. Please ask at your branch for details.

3.5 You can pay cash or cheques into your account by post, over the counter at any of our branches or through self-service machines. We can only accept liability for these items after we have received and checked them. If you send cash to us by post, use registered post.

3.6 If the total amount of the items being paid into your account is added up wrongly on the paying-in slip (bank giro credit), we will correct it and credit the right amount to your account. We will tell you we have done this, unless it was a very small amount.

3.7 If items are paid into your account on weekdays, we will normally deal with them that day, as long as we receive them before a certain time (which will be displayed in our branches). Items paid in after this time or on Saturdays will be dealt with on the next working day.

4 Payments from your account

4.1 We will make payments from your account if

. you authorise them in any of the ways set out in sections 2 and 9 of these terms and conditions

. there are enough cleared funds in your account to cover the payments, or the amounts due are covered by an overdraft we have agreed with you. We will take into account any other payments which we have paid or agreed to pay from your account or which have been authorised (such as transactions with plastic cards and direct debits). However, we may decide to make payments from your account that may cause you to go overdrawn or to go over an overdraft limit we have agreed with you. But this does not mean we will be willing to do so another time.

4.2 Only write cheques in sterling. If you need to pay in a currency other than sterling, we will advise you on the best way.

4.3 If we make payments in a currency other than sterling, we will tell you the rate of exchange and the fees we may charge.

4.4 You may instruct us to stop the payment of a cheque, standing order, direct debit or other item, as long as:

. it has not been issued with a cheque guarantee card

. the amount has not yet been taken out of your account

. we have not told the person or their bank that we will be paying them

You cannot stop a Switch payment.

4.5 If your cheques or AutoCheque card are lost or stolen, or if you think that someone has signed one of your cheques without your permission, you must tell us as soon as possible.

4.6 When writing a cheque, you must take all reasonable precautions to prevent anyone else altering it or making a forgery.

4.7 If we receive for payment one of your cheques that is more than six months old, we do not have to pay it.

5 Clearing credits and cheques

Our 'clearance cycle' is the time it takes for money paid from or into your account to be debited or credited. This section applies to our normal clearance cycles for sterling cash and sterling cheques paid into or taken out at branches of English or Scottish banks in England, Wales, Channel Islands and Isle of Man.

5.1 Cheques you issue

When you issue a cheque, it will normally be debited to your account two working days after the recipient pays it into their account. For example, a cheque paid in on a Monday will normally be debited to your account on a Wednesday. More time may be needed for a cheque paid into a building society account or any bank outside England or Wales, or any account held at a non-clearing bank. If you issue a cheque from a particular account and it is paid into the branch that holds the account, it will be debited the same day. If you cash a cheque at your own or any other Midland branch, your account will be debited the same day. If your account goes overdrawn as a result of issuing a cheque, we will charge you interest from the day the cheque is debited to your account.

5.2 Credits you receive

5.2.1 Cheques

When you pay a cheque into your account you will normally have to wait three working days after it has been paid in before you can withdraw the money, unless we agree otherwise. For example, the proceeds of a cheque paid in on a Monday will normally be available for withdrawal on a Thursday. However, the amount shown on the cheque will be included in your account balance before you can withdraw the money. When working out any interest that should be paid, either by us to you or by you to us, we treat cheques as being "cleared" for interest calculation purposes two working days after they have been paid in. If you withdraw money which is not cleared for interest calculation purposes you may be charged interest even though your account shows a credit balance. Please note that it is possible that the bank on which a cheque is drawn may later return the cheque unpaid. Because of this we may at our discretion require you to wait until we are certain that the cheque has been paid before you are able to draw against it.This will normally be four working days after the cheque has been paid in. If a cheque which you have paid into your account is returned unpaid, the sum shown on it will be debited to your account. If you withdraw against a cheque which is returned unpaid and your account goes overdrawn, or your existing overdraft increases, you will have to pay interest.

5.2.2 Cash

When you pay cash into your account at your own branch or any other Midland branch, you will be able to withdraw the money the next working day. The cash is treated as "cleared" for interest calculation purposes on the day it is paid in.When you pay cash into your account at another bank, you will have to wait three working days before withdrawing the money. This is because it takes time for the credit to reach your branch. The cash is treated as "cleared" for interest calculation purposes two working days after it has been paid in.

6 Bank charges

6.1 The charges we make for operating your account from day to day vary according to the type of account you hold. We will give you a copy of the relevant price list which includes the prices of our services that are used most often.

6.2 We may change our prices at our discretion and will give you advance notice in writing of any changes.

7 Borrowing from us

7.1 Borrowing can be arranged either by overdraft or a separate loan. The most suitable form of borrowing will be agreed between you and your manager. In some cases, we may need security.

7.2 You must always keep your current account in credit unless we have agreed an overdraft with you.

7.2 If an overdraft is agreed, the interest rate will be shown in a letter that sets out the terms of the overdraft.

7.3 You must not go over any overdraft limit that is agreed with us unless you get our agreement first.

7.4 We may decide not to pay a cheque or other item if it would make the account go overdrawn or go over an agreed overdraft limit.

7.5 We may reduce your overdraft limit but we will write to you before doing so.

7.6 We will tell you the amount of:

. any arrangement fee we may charge for agreeing your overdraft

. any fee for reviewing your overdraft

7.7 If we pay a cheque or other item you issue and, as a result, your account goes overdrawn or goes over your agreed overdraft limit, this does not mean that we have agreed an overdraft or an increased limit. You must immediately pay enough money into your account to cover the overdrawn amount or the amount that is over your agreed limit.

7.8 If your account goes overdrawn without an agreed overdraft, or you go over an agreed overdraft limit, we will charge interest at our Standard Debit Interest Rate on the amount by which your account is overdrawn. We will continue to charge this rate until:

. we have written to you agreeing an overdraft

. the cleared balance on your account is back within your agreed limit

. there is a cleared balance on your account if you have no agreed limit

The Standard Debit Interest Rate may vary and is on display in all our branches. We will publish any changes in the national press.

7.9 As well as charging interest for unauthorised overdrafts, we may also charge a fee to cover the cost of the administration involved (see the relevant price list).

7.10 Every day, we will work out the interest you owe on the cleared debit balance of your account. It will be debited to your account either monthly or quarterly depending on the term we have agreed with you, and if we have to make demand.

7.11 Unless we have agreed other terms with you in writing, we may at any time end your overdraft limit and demand that you pay any money you owe us immediately.

7.12 If any accounts you hold with us are in credit, we may use them to reduce or repay any amounts you owe on other accounts you hold with us in the same name (including card accounts you hold with us). If we decide to do so, we will tell you why and when it will be done.

8 Responsibility for borrowing

8.1 Account in your name only

You are personally responsible for any money you owe us, whether this arises from your own actions, from the actions of someone authorised by you, or use of your self-service or AutoCheque card.

8.2 Joint account

8.2.1 Joint account holders are together and individually responsible for any money owed to us on the joint account. We can demand repayment from all and any of them for any money owing on the account.

8.2.2 Where a joint account holder has an account with us in their sole name, and that account has a credit balance, we can set-off these monies against any money owing to us on the joint account.

9 Self-service and AutoCheque cards

9.1 Issuing cards

9.1.1 We will issue you with a card only if you have applied for it and we have accepted your application, or we are replacing or renewing a card you already hold.

9.1.2 We will issue you with a Personal Number (PIN) to use with your card to withdraw money from self-service machines, only if you ask us to do so.

9.1.3 We will issue a card to each signatory on a joint account if you ask us to do so in writing and the mandate permits each signatory to operate the account.

9.1.4 We may continue to debit your account with the amount of any withdrawal or other transaction carried out using your card, even if the joint account mandate is varied or terminated, until all cards issued in relation to the account have been returned to us.

9.1.5 Your card will allow you to withdraw money from your current account. It must not be used to borrow money from us unless we have agreed such arrangements with you in writing. Unauthorised overdrafts will be charged interest at our Standard Debit Interest Rate. Other charges may be payable according to our current account price list from time to time in force.

9.1.6 When making or authorising payments from your account we may take into consideration any electronic payments, such as direct debits, or any transactions you have already made with your card or authorised. This will be regardless of whether or not these transactions have already been debited to your account.

9.1.7 You may use your card to obtain the services described in these terms and conditions and such other services as we may provide from time to time. All such services will be subject to such terms and charges as we may notify you and we may at our discretion change or withdraw these by giving you at least one month's notice in our branches or in the national press or by post. The change or withdrawal will apply from the date specified in the notice.

9.1.8 You authorise us to debit your account with the amount of any withdrawal or other transaction carried out using your card whether or not you have authorised that withdrawal or transaction.However, unless you have acted fraudulently or with gross negligence, your liability for withdrawals and other transactions which have not been authorised by you will be limited in the way set out in 9.3 overleaf. Your liability may also be limited by law.

9.2 Looking after your card and PIN

9.2.1 You must take all reasonable precautions to prevent fraudulent use of your card. These include:

. signing your card as soon as you receive it

. not allowing anyone else to use your card

9.2.2 If your card is lost or stolen please tell us by using our emergency

24 hour telephone number (081-450 3122) as soon as possible. We may ask you to confirm the loss of your card in writing to Midland Card Services at the following address: Lost & Stolen Cards Dept., Midland Bank plc, Rutland House, 1-13 Rutland Street, Leicester LE1 1RB.

9.2.3 We will ask you to co-operate with us and the police in our efforts to recover your card if it is lost or stolen. We may also disclose information about you and your account if we think it will help avoid or recover loss.

9.2.4 If you subsequently find your card after you have reported it as lost or stolen you must not use it again. You must cut it in half and return it to us immediately.

9.2.5 If we have issued you with a PIN you must take all reasonable precautions to prevent fraudulent use. These include:

. never writing your PIN on your card or on any other item normally kept with the card

. never writing your PIN in a way that can be understood by someone else

. never telling your PIN to someone else

. telling us as soon as possible if you suspect someone else knows your PIN

. destroying the PIN advice promptly after receipt

9.2.6 Please tell us as soon as possible if:

. an entry appears on your statement that you believe to be incorrect

. you change your address

9.3 Liability for unauthorised transactions

9.3.1 Our liability

We will be responsible for any money lost if:

. your card is lost in despatch from us to you

. there is a fault on a self-service machine of which you have not been notified by a message on the screen or a notice on the machine.

Unless we can show that you have acted fraudulently or with gross negligence, we will also be responsible for any money lost if your card is used without your authority after you have reported to us that it has been lost or stolen or that you suspect that your PIN is known by someone else. We will credit your account with any amount debited under the above circumstances including any related interest and charges. We will have no further liability to you.

9.3.2 Your liability

You will be responsible for any other losses, but your liability to us will be limited to a maximum of £50. We may at our discretion waive your liability if there has been no fraud or negligence on your part.However, if we can show that you have acted fraudulently or with gross negligence, this limit will not apply and you will be liable for all losses (including any withdrawals or other transactions made from your account without your authority) without limit. Your liability may also be limited by law.

9.4 Returning your card

9.4.1 You can return your card to us at any time.

9.4.2 We may ask you to return your card to us or suspend its use at anytime.

9.5 Switch transactions

9.5.1 If the Switch facility on your AutoCheque card is used we will charge to your account the amount of the transaction if it is validated by a sales voucher signed by you, or a mail order purchase form signed by you and showing your card number, or an order has been placed by telephone and your Switch number (starting 490) has been quoted.

9.5.2 We may authorise a Switch transaction but if there are insufficient cleared funds or no agreed overdraft is available on your account to cover the transaction we shall refuse to authorise such a transaction.

9.5.3 If a retailer or supplier makes a refund we will credit your account when we receive their written instructions. We will not be responsible for any delay in receiving these instructions.

9.5.4 When asked to authorise a Switch transaction we will take into account any other transactions we have paid or agreed to pay from your account or which we have authorised.

9.5.5 Payments by Switch will normally be debited to your account the first working day following the transaction.

9.5.6 You cannot stop a Switch payment.

9.5.7 We will not be liable if any retailer, supplier or bank refuses to accept your card.

9.6 Self-service machine withdrawals

9.6.1 Your card can be used to withdraw cash from our self-service machines in the UK and in the HSBC Group network.

9.6.2 Cash withdrawals will normally be debited to your account on the same day or the next working day.

9.6.3 Whenever one of our self-service machines is not in operation, a notice telling you this will appear on the screen.

9.6.4 We will do everything we can to ensure that our self-service machines are working at all times but we cannot guarantee that they will always be in operation.

9.6.5 When your card is used at self-service machines abroad, the amount withdrawn will be converted into sterling at our applicable exchange rate. Details of the basis on which the exchange rate was calculated are available on request. Such withdrawals will normally be debited to your account within five working days.

9.7 Cheque guarantee

9.7.1 If you issue a cheque to someone in conjunction with your AutoCheque card, we guarantee to that person that we will pay the cheque subject to the limit shown on your card and other conditions which are available in our branches.

9.7.2 You cannot stop a cheque supported by your card.

9.7.3 No more than one cheque may be guaranteed per transaction.

10 Closing your account

10.1 We will write to you if we want to end our banking relationship with you.

10.2 If you wish to close your account you must tell us in writing.

10.3 We will not close your account until you have returned any plastic cards we have given you and any unused cheques. You must repay any money you owe us, including the amount of any cheques you have issued or card transactions you have made which have not been taken out of your account.

11 General information

11.1 At least once every three months we will send you a statement showing the transactions passing through your account.

11.2 With the exception of banker's references requested from outside the UK (where it is not our normal practice to ask for your authority to reply to such requests), we will not disclose information about your account to a third party unless:

. we are legally compelled or it is in the public interest to do so

. you ask us to do so or give us your permission

. it is in our interest (e.g. to protect us from or to recover loss)

11.3 We will not give information about you to the parent, subsidiaries or associated companies of Midland Bank plc for marketing purposes without your permission. A list of our parent, main subsidiaries and associated companies is available on request. You can choose not to receive marketing information relating to our products and services at any time.

11.4 Under the Data Protection Act 1984 you can ask in writing to see any personal records we hold on computer about you.

11.5 We shall not be liable to you for any loss you may suffer if we are prevented from or delayed in providing you with any banking or other services due to strikes, industrial action, failure of power supplies or equipment or causes beyond our control.

11.6 We may change our banking hours, our charges, banking practices, the availability of branches and self-service machines and similar matters at our discretion by giving at least one month's notice in our branches or in the national press or sent to you by post. The change will apply from the date specified in the notice.

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