LEND A HAND
SAVINGS ACCOUNT
Terms and conditions
April 2016
Terms and conditions
This Account is not covered by the Lloyds Bank Personal Banking Terms and conditions. All terms relating to this Account are set
out below.
Some of the words in these Terms and conditions have a special meaning which is set out below:
Account
means this Lend a Hand Savings Account you hold with us.
Account Closure Date
means the date the Account is closed.
Account Opening Date
means the rate of interest we agree to pay you when you open an Account.
AER
means the Annual Equivalent Rate. AER illustrates what your interest rate would be if interest was paid and
compounded each year and allows you to easily compare different offers.
Bank Business Day
means any day (except Saturdays, Sundays and bank holidays) on which we are open for normal business.
Borrower
means the borrower(s) under the Lend a Hand Mortgage.
Charge
where the mortgaged property is in England or Wales this means the charge you are required to execute as
a condition of the Lend a Hand Mortgage under which the Account and the Deposit are taken as security for
the Loan.
Deposit
means funds in your Account.
Fixed Interest Rate
means the rate of interest we agree to pay you when you open an Account.
Fixed Interest Rate End Date
means the date 42 months after the Account Opening Date.
Guarantee and Deposit
Agreement
where the charged property is in Scotland, this means the guarantee and deposit agreement you are
required to execute as a condition of the Lend a Hand Mortgage.
Initial Mortgage Product Period
means the initial three year fixed interest rate period of the Lend a Hand Mortgage.
Lend a Hand Mortgage
means the mortgage entered into by the Borrower securing the Loan.
Loan
means the Loan to the Borrower secured by the Lend a Hand Mortgage.
Nominated Account
means the Account you hold with us and which you nominate to have your interest payments paid into
and your Deposit (less any funds used to repay all or part of the Loan) repaid to you on the Account
Closure Date.
We/Us/Our/Bank
means Lloyds Bank plc.
You/Your
means the person in whose name the Account is held.
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1. What is the Lend a Hand Savings Account?
It is a savings Account with a fixed rate of interest for 42 months.
Subject to condition 10.2, you may not withdraw any funds from your Account or
pay any funds into your Account after the Account Opening Date. The funds will be
paid to you on the Account Closure Date.
You will be required to execute a Charge (or a Guarantee and Deposit Agreement if
the Account is taken as security for a charge over property in Scotland) which gives
rights to use the money in the Account to repay all or any part of the Loan which the
Borrower fails to pay when it is due for payment.
2. Availability and eligibility
2.1
The Lend a Hand Savings Account is only available where a Charge or
Guarantee and Deposit Agreement is executed by you in conjunction with
a Lend a Hand Mortgage.
2.2
To be eligible to open an Account you must be aged over 18 and resident
in the UK.
2.3
You can only make one Deposit into your Account and this must be made
in cleared funds from an eligible Lloyds Bank personal current or savings
Account by way of internal transfer as part of Account opening. We only
accept the Deposit from Accounts held in your personal capacity, so for
instance, we will not accept deposits or open Accounts for businesses or
trustees or organisations. We will notify you of the amount required for the
Deposit prior to you opening the Account.
2.4
To open the Account you must hold (or designate) a Nominated Account.
2.5
The Account may not be held in the name of more than two people.
7. Communication
7.1
We will provide you with a paper statement at least once a year.
7.2
If you change your name, address, email address or phone number you
must let us know immediately. We will use the last details that you gave us
to contact you.
7.3
When you speak to us on the phone, calls may be monitored or recorded in
case we need to check we have carried out your instructions correctly and
to help improve our quality of service.
8. Joint customers
8.1
If two of you hold the Account, the following terms apply:
a.
Any of you can give us instructions independently of the others on your
Account. We will not normally make enquiries about the purpose of any
instruction or confirm the instructions with the other joint customers.
b.
Each of you is separately responsible for complying with the terms of this
Account. If any one of you does not comply with the terms, we can take
action against any or all of you alone or together.
c.
We may give any information about your joint Account and the
payments on it to any one of you. We can act on information about you
which any of you gives us.
d.
A notice we send to one of you will count as notice to all of you.
e.
If we open an Account for you jointly and you later wish to close the
Account, you must both apply to do so.
f.
If we become aware of a dispute between you, we may take steps to
prevent any of you giving instructions or using the Account individually
until the dispute is ended.
g.
When your Account is closed we may pay or transfer money we hold to
any one of you.
h.
If any of you die, we may (but are not bound to) treat the remaining joint
customer as entitled to all money and other assets we hold and may act
on their instructions.
3. Before opening an Account
Before opening your Account, we may take up references or otherwise satisfy
ourselves of your identity and eligibility for the Account. We can refuse to open an
Account or accept the Deposit, without giving any reason.
4. Interest
4.1
We will pay interest monthly until the fixed interest rate End Date at the
fixed interest rate.
4.2
We calculate interest on the Account on a daily basis. This means that the
interest we pay each month will vary according to the number of days in
the month.
4.3
Interest will be paid Gross to your Nominated Account. If you close your
Nominated Account another Account with us must be designated as your
Nominated Account.
4.4
Money paid into your Account will start to earn interest on the day we
receive it. If that day is not a Bank Business Day we will start to pay interest
on the next Bank Business Day.
4.5
Money in your Account will earn interest up to, but not including, the day
of closure.
5. The Charge, and Guarantee and Deposit Agreement
5.1
Where the Account is taken as security for a mortgage over property in
England or Wales, it is a condition of this Account and the Lend a Hand
Mortgage that a Charge is entered into by you under which you provide the
Account and the Deposit as additional security for the Loan.
5.2
Where the Account is taken as security for a Charge over property in
Scotland, it is a condition of this Account and the Lend a Hand Mortgage
that a Guarantee and Deposit Agreement is entered into under which you
agree to guarantee the Borrower’s obligations under the Loan.
5.3
The Charge or the Guarantee and Deposit Agreement will be released at
the end of the Intitial Mortgage Product Period. Your Account will remain
open and you will not be able to withdraw your money until the Fixed
Interest Rate End Date.
5.4
We may at our discretion, repay the money to you at any time.
6. Changes to these conditions
6.1
6.2
We will only make changes to these Terms and conditions if it is fair and
reasonable to do so in all circumstances and we will give you at least 60 days’
notice about any change. Where we give you notice of a change under this
condition 6, the change will automatically take effect and you will be taken
to have accepted the change unless you notify us that you do not agree to
the change as soon as possible and in any event before the end of the 60 day
period. If you do not agree to the change you can close the Account. If you
notify us that you do not accept a change, we will take this notification as
notification that you wish to close your Account immediately.
9. Authorising others to operate your Account
9.1
You may authorise someone else to operate your Account by signing
a third party mandate or a power of attorney (we recommend you get
independent legal advice before you do). For powers of attorney, we will
need to see the signed document, or a copy certified by someone we
reasonably think appropriate, such as a Solicitor.
9.2
In certain circumstances, the law may require us to allow someone else
to operate your Account (for example, if you become mentally incapable,
bankrupt, or die) and any third party mandates or powers of attorney you
have given may become ineffective. We recommend you get independent
legal advice on how to prepare for these circumstances.
9.3
For security reasons, we may not make some services available to another
person who is operating your Account.
9.4
We will not be responsible for an act (or failure to act) of anyone you or the
law authorise to operate your Account, if we did not know or suspect he or
she was acting dishonestly towards you.
10.Account closure
10.1
The Account will be closed and your Deposit together with any interest that
we owe you will be paid to your Nominated Account on the Fixed Interest
Rate End Date.
10.2
We will close the Account and repay the Deposit and any interest that
we owe you if no Loan is advanced to the Borrower and the Lend a Hand
Mortgage is not completed if you ask us to do so, otherwise the Account
will remain open until the fixed interest rate End Date.
10.3
We may close your Account without notice if there is a valid legal or
regulatory reason for us to do so, or if you have provided false information
to us or we have reasonable cause to suspect fraud on the part of you or
anyone associated with you in relation to the Account. Provided there is no
valid legal or regulatory reason against doing so we will repay your Deposit
and (provided this Agreement has been validly entered into) any interest
when we close the Account.
11.Transferring rights and obligations
You may not transfer any obligations or rights, benefits or interests under the
Account (or income from it) or create any security over money in your Account in
favour of someone else unless we say you can in writing.
We cannot change your fixed interest rate.
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12.Not enforcing these Terms and conditions
• Our company details
–– Lloyds Bank plc (company no. 2065) is a company registered with the
Registrar of Companies for England and Wales. Registered office: 25 Gresham
Street, London EC2V 7HN.
We may not always strictly enforce our rights under these Terms and conditions.
If we do this, it will be just a temporary measure and we may enforce our rights
strictly again.
–– To find out more about our company, see the Registrar’s website,
www.companieshouse.gov.uk or call the Registrar on 0303 1234 500.
13.General
13.1
If we break this Agreement:
a.
b.
13.2
We will not be liable for losses or costs caused by abnormal and
unforeseeable circumstances outside our reasonable control, which
would have been unavoidable despite all efforts to the contrary, for
example delays or failures caused by industrial actions, problems
with another system or network, mechanical breakdown or
data-processing failures.
As this Agreement is made with you as a personal customer, we will
not be liable for any business losses or costs you suffer (such as loss of
profits or opportunities).
English Law applies to these Terms and conditions, unless your Account
is taken as security for a charge over a property in Scotland in which case
Scots Law will apply.
Important information
If you have a complaint
If you feel that we have not met your expectations in any way, please let us know. We
want to resolve this with you as quickly as possible. We have a three step procedure,
which you can use to voice your concerns.
Step 1 – Let your usual point of contact know
Inform us of your complaint and how you think it could be resolved by:
a.
Calling into any branch.
b.
Calling us on 0800 072 3572.
c.
Textphone on 0800 056 7614.
d.
Contacting your Relationship Manager or Business Manager, if you
have one.
We’ll do all we can to resolve your complaint by the end of the next Bank Business
Day. If we can’t do this, we’ll write to you within five Bank Business Days to tell you
what we’ve done to resolve the problem, or acknowledge your complaint and let you
know when you can expect a full response. We will also let you know the name and
contact details of the person or team dealing with your case.
Step 2 – Follow up
To follow up your complaint with our Customer Service Recovery Centre you can:
a.
Ask the person you raised your complaint with to refer the matter
to them.
b.
Write to Customer Service Recovery Centre, Lloyds Bank,2
Brindley Place, PO Box 63, Birmingham B1 2AB.
Step 3 – Financial Ombudsman Service
If we haven’t issued our ‘final response’ within eight weeks from the date you first
raised your complaint, or if you are dissatisfied with our final response, you can
ask the Financial Ombudsman Service for an independent review. The Financial
Ombudsman Service will only consider your complaint once you have tried to
resolve it with us, so please take up your concerns with us first and we will do all
we can to help. Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall,
London E14 9SR. Tel: 0800 023 4567.
How we are regulated
Eligible deposits with us are protected by the Financial Services Compensation
Scheme. We are covered by the Financial Ombudsman Service.
• We lend money and offer savings, insurance and other financial services to
our customers.
–– We are authorised by the Prudential Regulation Authority and regulated by
the Financial Conduct Authority and the Prudential Regulation Authority
under no. 119278.
–– We are also a member of the British Bankers’ Association. Please see
www.bba.org.uk to find out more.
• We subscribe to the Lending Code; copies of the Code can be obtained from
www.lendingstandardsboard.org.uk
• To find out more about us, see the Financial Services Register: www.fca.org.uk
or call the FCA on 0800 111 6768.
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• Our VAT number is 244155576.
• We are regulated by the Office of Communications (“Ofcom”). If you have a
•
complaint, particularly in relation to our text messaging service, you may also be
able to take it to Ofcom at Riverside House, 2a Southwark Bridge Road, London
SE1 9HA, www.ofcom.org.uk, telephone 020 7981 3040, fax 020 7981 3333
or textphone 020 7981 3043.
We follow advertising codes regulated by the Advertising Standards Authority
(ASA).
–– If you would like to complain to the ASA about any of our advertising, you can
do so through their website, www.asa.org.uk
–– If you would like to find out more about the advertising codes or the ASA,
please see www.asa.org.uk, call the ASA on 020 7492 2222 (textphone
020 7242 8159), email them at [email protected], fax them on
020 7242 3696 or write to the Advertising Standards Authority, Mid City Place,
71 High Holborn, London WC1V 6QT.
We participate in the Unclaimed assets scheme established under the Dormant
Bank and Building Society Accounts Act 2008. The purpose of the scheme is to
enable money in dormant Accounts (i.e. balances in Accounts that have been
inactive or dormant for 15 years or more) to be distributed for the benefit of the
community while protecting the rights of customers to reclaim their money.
Under the scheme, we may transfer balances of dormant Accounts to Reclaim Fund
Ltd (RFL). RFL is a not-for-profit reclaim fund which is authorised and regulated by
the Financial Conduct Authority. If we transfer the balance of your Account to RFL,
you will have against RFL whatever right to payment of your balance you would
have had against us if the transfer had never happened. However, we will remain
responsible for managing all aspects of the customer relationship with you and for
handling all repayment claims (which we will do on behalf of RFL). Therefore, you
should continue to contact us in the usual way if you have any queries or complaints
in relation to your Account or balance.
Both we and RFL participate in the Financial Services Compensation Scheme
(FSCS). The transfer by us to RFL of your balance will not adversely affect any
entitlement you have to compensation from the FSCS.
Other information
• We will communicate with you in English.
• Our charges will include our delivery costs (if any) and any tax you have to pay
through us. You may have to pay other taxes or costs, which you do not pay us or
pay through us.
• For more information visit us at lloydsbank.com or go to any Lloyds Bank branch.
• We will keep a copy of this Agreement, which will be available from our website
or on request.
Important information about your personal information
This information is not part of your Lend a Hand Terms and conditions.
Personal data and Lloyds Bank plc
Your information will be held by Lloyds Bank plc which is part of the Lloyds
Banking Group.
More information on the Lloyds Banking Group can be found at
lloydsbankinggroup.com
Your personal information will be shared within the Lloyds Banking Group so that
we and any other companies in our Group can look after your relationship with us.
By sharing this information it enables us to better understand your needs, run your
Accounts, and provide products in the efficient way that you expect.
We will share your personal information with fraud prevention agencies. If false or
inaccurate information is provided and fraud is identified, details of this fraud will be
passed to these agencies to prevent fraud and money laundering.
Further details explaining how information held by the fraud prevention agencies
may be used can be obtained by reading the privacy notice at
lloydsbank.com/privacy2.asp or contacting your local branch.
We may obtain information about you from credit reference agencies, fraud
prevention agencies, and Group records to check your credit status and identity.
The agencies will record our enquiries which may be seen by other companies
who make their own credit enquiries. This may affect your ability to obtain credit
elsewhere in the near future. We may also use credit scoring.
When you opened your Account(s), your application may have been assessed using
credit reference agency records relating to you and anyone with whom you have a
joint Account or similar financial association. If a joint application has been made
and such a link did not already exist then one may have been created. These links
will remain until you successfully apply for a “notice of disassociation” at the credit
reference agencies.
If you provided information on behalf of a joint applicant we understand you had
their permission to do so and they have agreed that we are authorised to search, link
and record information about them at credit reference agencies.
We may ask you to provide physical forms of identity verification when you
open your Account(s). Alternatively, we may search credit reference agency
files in assessing your application(s). The agency also gives us other details and
information from the Electoral Register to verify your identity. The agency keeps a
record of our search, whether or not your application proceeds.
Our search is not seen or used by lenders to assess your ability to obtain credit.
Lloyds Banking Group companies may use your information to contact you by
mail, telephone, email or text message about products and services that may be of
interest to you. If you do not wish to receive this information please let us know.
It is important that you understand how the personal information you give us will
be used. Therefore, we strongly advise that you read our Privacy Statement, which
you can find at lloydsbank.com/privacy2.asp or you can ask us for a copy.
Please let us know if you have any questions about the use of your
personal information.
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Find out more
££ Go to lloydsbank.com
uu Visit your local branch
If you’d like this in another format such
as large print, Braille or audio please ask
in branch.
If you are Deaf you can use BSL and the SignVideo service available
at lloydsbank.com/accessibility/signvideo.asp
Your call may be monitored or recorded in case we need to check we
have carried out your instructions correctly and to help improve our
quality of service.
Our promise
Important Information
Our promise is to do our best to resolve any problem you have immediately.
Where we can’t, we’ll ensure you know who is dealing with your complaint.
To complain:
You must be at least 18 years old to take out a Loan with us. Before agreeing
a Loan we will want to satisfy ourselves about the suitability of your
application, which will include assessing your ability to afford the payments
and, normally, valuing the property.
– Visit a branch and speak to any member of the team.
– Call us on 0800 072 3572 or 01733 462 267. (Textphone 0800 056 7614 or
01733 347 500, if you have a hearing impairment).
Information correct as at April 2016.
– Write to us at Lloyds Bank, Customer Services, BX1 1LT.
Lloyds Bank plc. Registered Office: 25 Gresham Street, London EC2V 7HN.
Registered in England and Wales No. 2065.
If you’re still not happy and we can’t put things right to your satisfaction,
you can ask the Financial Ombudsman Service to look at your complaint –
provided you have tried to resolve the matter directly with us first. We hope
you won’t need to contact the Financial Ombudsman Service but if you do,
we’ll tell you how to do this.
We subscribe to the Lending Code: details can be obtained from
www.lendingstandardsboard.org.uk
Lloyds Bank plc is authorised by the Prudential Regulation Authority and
regulated by the Financial Conduct Authority and the Prudential Regulation
Authority under registration no. 119278.
Eligible deposits with us are protected by the Financial Services
Compensation Scheme. We are covered by the Financial
Ombudsman Service.
LCGP10517 (04/16)