E-Cash ISA

Terms & Conditions

Our agreement with you is made up of these terms and conditions that apply to any E-Cash ISA account (‘the account’) which the account holder (‘you’) holds with Scottish Widows Bank plc (‘us’) and our interest rates sheet for your E-Cash ISA account.

You can ask us for a copy of this agreement and our interest rate sheet at any time.

These accounts are available to people aged 16 and over.

Scottish Widows Bank Plc’s registered office is PO Box 12757, 67 Morrison Street, Edinburgh, EH3 8YJ. We are registered in Scotland and our company registration number is No.154554. We are authorised and regulated by the Financial Services Authority. Our Financial Services Authority register number is 201601.  The main business of Scottish Widows Bank is arranging, entering into and administering mortgages and accepting deposits.

Our contact details

Our staff are available to deal with your requirements between 8am and 6pm weekdays (from 10am Wednesdays). You can contact us by calling 0845 845 0829 (Calls at local rates). If calling from overseas telephone 0044 131 655 2000.  You can write to us at PO Box 12757, 67 Morrison Street, Edinburgh, EH3 8YJ. You can contact us using any of these contact details unless we specify otherwise.

Defined Terms

In these conditions, the following terms have the meanings shown beside them:

‘Annual Equivalent Rate’ means the notional rate of interest which would be equal to the contractual rate of interest if it were paid and compounded on an annual basis;

‘Bank of England Base Rate’ means the Bank of England’s repo rate (commonly referred to as its base rate);

‘business day’ means Monday to Friday excluding bank holidays in England;

‘CHAPS transfer’ means a transfer of money using the Clearing House Automated Payment System. We will charge you a £25 administration fee to cover the cost of making this transfer;

‘cut-off time’ means the time on each business day such that instructions received after that time will not be treated as received until the next business day. The cut-off time is usually not before 6:00pm, although the cut-off time for CHAPS transfers is 2.00pm. Please ask if you would like to know the cut-off time for a particular transaction;

‘electronic transfer’ means a payment to or from your account made by any means other than cash or cheque. Examples include a direct debit; a CHAPS transfer; a transfer to or from another Scottish Widows Bank account and a transfer arranged by telephone;

"Internet Banking" means the service we provide enabling you to obtain information from us and give instructions to us by a computer, digital television, WAP phone or other means that we make available in future as described in the Internet Banking additional conditions;

‘Lloyds Banking Group’ means the group of companies which includes us and a number of other companies using brands including Lloyds TSB, Halifax and Bank of Scotland, and their associated companies. More information on the Lloyds Banking Group can be found at www.lloydsbankinggroup.com;

‘pre-advised account’ means the account in your name(s) with another United Kingdom bank (or building society) which you nominate as the account from which or to which electronic transfers may be made;

'regulatory requirement' is any law, regulation, code or industry guidance that applies to us;

‘Security Details’ can be processes or security procedures we ask you to follow or use, for example, a password or other information, security numbers, PIN numbers, or codes to make an instruction or confirm your identity.

1. Payment Services

Your payment instructions can be given to us (including withdrawal of consent) by:

1. Internet Banking – you will need to register and provide security passwords for Internet Banking in order to carry out transactions online. This facility is not available for business savings accounts.
2. Telephone – we will require your security passwords to be confirmed prior to any transactions being carried out.
3. Via post – we will accept instructions by letter or postal instruction forms (these are available via our website or on request to the customer services line).  Your instruction must be signed and will be checked against our records upon receipt of your request.

1.2 With regard to your payment instructions:

1. Your instructions will not be effective until we receive them.
2. If you ask us to make a payment, we cannot change or cancel the payment instruction unless it is an instruction for a future date, in which case it can be stopped or recalled up to 6pm on the business day before the instruction is to be carried out.
3. Although some payments can be made on non-business days, the processing of these payments is not completed on our systems until the next business day.

1.3 When you request a direct debit transfer to your account or an electronic transfer to another account, you must give us the other account name, sort code, account number and any other details we ask you for such as the name of the person you are sending the payment to, so we can arrange or make the payment. You are responsible for checking that the details are correct. We will not be liable if an electronic transfer goes to the wrong person because you gave us the wrong details. If it does go to the wrong person because you gave us the wrong details, we will use reasonable efforts to recover the money and, if we manage to do so, we may charge you our reasonable costs.

1.4 When we contact you or you contact us we need to check your identity before you can give us instructions or we can disclose or discuss confidential information about your accounts.  For this reason:

1. you must sign instructions given on paper; and
2. if you are contacting us or giving us instructions by any other method (for example by telephone or internet) you must do so using the Security Details we have given to you or agreed with you personally. 

1.5 As long as we have checked your identity in one of the ways set out above, we will assume that we are dealing with you.

1.6 You will not be able to give a payment instruction using your Security Details if we have stopped, or suspended, your ability to use them.  We can do this if you tell us that someone else may be able to use, or has used, your security details (see condition 8.3) or if we reasonably consider it necessary for reasons relating to:

1. the security of your Security Details; or
2. suspected unauthorised or fraudulent use of your Security Details.

Unless the law prevents us from doing so or we believe it would undermine our security measures, we will try to contact you by telephone or in writing in advance to tell you that we have done this and our reason for doing so.  If we are unable to tell you in advance, we will tell you as soon as possible afterwards.   You can ask us by telephone to lift the freeze on your security details or to replace them as soon as the reason for the freeze has ended.

1.7 We may refuse to carry out a payment instruction if:

1. you do not have available funds to make the payment or you have exceeded a limit we have applied to your account (for example in accordance with condition 3.2);
2. the payment instruction is not clear or you have not provided us with the correct details in accordance with condition 1.3;
3. there is a legal requirement or a court or other authority tells us to act in that way;
4. the payment seems unusual compared with the way you normally use your account;
5. we reasonably believe you or someone else has used or is using or obtaining, or may use or obtain a service or money illegally or fraudulently;
6. we reasonably believe that someone else may have rights over money in your account (in this case we can also ask (or require you to ask) a court what to do, or do anything else we reasonably need to do to protect us); or
7. any other reason set out separately in this agreement applies.

1.8 We will try to contact you by telephone or in writing to tell you that we are refusing a transaction. We will do this at the earliest opportunity.

1.9 We may decline to give our reasons for refusing to carry out a transaction if we reasonably believe that to do so would be in breach of the law, for example if it would involve:

1. the unauthorised disclosure of information which we hold about another person (being information which would enable that person to be identified); or

1.10 Please note that transactions can only be carried out when we are fully satisfied that identification requirements are met.

1.11 We may refuse to accept a payment into an account or an instruction for a payment from it if we reasonably believe that doing so might cause us (or another company in the Lloyds Banking Group) to breach a legal requirement or might expose us (or another company in the Lloyds Banking Group) to action from any government or regulator.

2. Payments into your Account (Deposits)

2.1 You can only make payments into your account in the following ways:

1. by direct debit from your pre-advised account;
2. by CHAPS transfer from your pre-advised account;
3. by cheque from an account in your name; or
4. by transferring money from another Scottish Widows Bank account in your name(s) (see condition 4).

2.2 We will only accept a payment into your account in Sterling.

The initial deposit and ongoing balance must be at least £10.  Deposits are subject to a minimum amount of £10.  You can invest the maximum amount specified by the ISA Regulations each tax year into this E-Cash ISA Account.  Details of the current limit can be found at www.hmrc.gov.uk/isa or by contacting us.

Direct Debit

2.3 To collect regular or occasional transfers by direct debit, from your pre-advised account, we will require a completed mandate. Please note it takes three business days to set up a direct debit mandate and we are unable to collect funds on your behalf during that period. Completion of the direct debit mandate gives you the ability to place additional funds in your account from time to time.  Provided cleared funds are available in your pre-advised account, we can collect these by direct debit with no further action required on your part. Regular monthly transfers of additional funds can also be arranged.

2.4 We will arrange for the payment to be sent to us on the day specified in your direct debit mandate, provided this is at least three business days from when we process your payment instruction. We will process your instruction the business day we receive it or, if we receive it after the cut-off time or on a non-business day, the next business day.

2.5 If no day is specified, we will request the payment on the day we process your instruction.  We will usually receive the payment three business days after you ask us to collect it. For example, if you ask us to collect the payment on Monday, it will usually reach your account by Thursday.

2.6 We will credit your account as soon as we receive the payment. However, as the bank that sent the money may require us to return it as unpaid up to three business days after we receive it, we will refuse any request for a withdrawal from your account that would use that money for as long as it can be recalled. (For example, if we receive a payment by direct debit on Monday, you will not be able to withdraw the money until Thursday.)

CHAPS transfer

2.7 You can ask the bank holding your pre-advised account to make a transfer to your account by a CHAPS transfer on the same day. Your bank may charge you for this service. Please contact us for exact requirements before sending funds by CHAPS transfer.

2.8 We will credit CHAPS transfer payments to your account when we receive them and the money will then be available for you to withdraw.

Cheques

2.9 Cheques must be drawn from an account you are named on. For your protection we recommend that personal cheques issued by you are made payable to: Scottish Widows Bank <Account Holder’s Name>.

2.10 Third party cheques are not permitted. Building society cheques must be verified to confirm they are from an account held in your name. (Please arrange for the issuing branch to stamp and sign the reverse of the cheque and add your name, sort code, account number and roll number if applicable).

2.11 Money paid into your account by cheque will not be available to you to withdraw for at least six business days after it is paid into your account.

2.12 We do not accept inward transfers of credit through the bank’s money transmission system, eg. bank giro credit, standing order or dividend mandate is not possible as there can be identification difficulties and delays outwith our control. Payments made in this way may be returned automatically and may incur a charge, currently £10.

3. Payments out of your Account (Withdrawals)

3.1 You may only withdraw money from your account by electronic transfer to:

1. your pre-advised account; or
2. another Scottish Widows Bank deposit account in your name(s) (see condition 4).

3.2 Withdrawals are subject to a minimum amount of £10. From time to time we may introduce or change the limits on the amount and frequency of any withdrawals. If we do so we will tell you about the changes under condition 11.

3.3 If you ask us to make a payment to your pre-advised account we will take the money from your account on the business day after receiving your request and it will reach the bank holding your pre-advised account two business days after your account is debited.

1. For example, if we receive your request on Monday, the money will be taken from your account on Tuesday and will reach the other bank by Thursday.
2. We will process your instruction the business day after we receive it or, if we receive it after the cut-off time or on a non-business day, the following business day.
3. On and from 1 January 2012, withdrawals will be received by the other bank by the end of the next business day following the processing of your request.

3.4 Alternatively, if you wish to send money more quickly, you can make a CHAPS transfer (please contact us for exact requirements on how to do so).

1. We will then take the money from your account on the business day we process your request, and the other bank will receive the money on the same business day.
2. We will process your request the business day we receive it or, if we receive it after the cut-off time or on a non-business day, the next business day.

3.5 The other bank is required by law to pay the money into your pre-advised account when it receives it from us.

4. Payments to and from another Scottish Widows Bank account

4.1 You can instruct us to make a transfer between your account and any other Scottish Widows Bank account you have under the same name(s) with us.

4.2 We will process your instruction the business day we receive it or, if we receive it after the cut-off time or on a non-business day, the next business day.

4.3 When we process your instructions, we will debit the money from one account and it will be credited to the other account and available to withdraw.

5. Charges and Interest

Charges

5.1 For a withdrawal by CHAPS transfer, a charge (presently £25) will be applied to cover our transfer costs. Withdrawals by other forms of electronic transfer will be made free of charge. No other charges will apply to the account for standard services.

Exceptional Service

5.2 We may charge for providing you with any non-standard service which you request in connection with your account.  We will inform you of the charge before we provide the service.

Interest

5.3Annual Equivalent Rate (AER) is based on interest paid and capitalised to the account once each year. Please note that the actual interest rate on your account will be lower if you have interest applied more frequently. We give you details of our current interest rates in our interest rate sheet. You can also find them out by contacting us (see the contact details section) and on our website.  We may change our interest rates, charges and charging dates under condition 11.

5.4 Variable interest rates apply to the account. Customers can obtain details of current rates by telephoning our 24 hour pre-recorded Interest Information Line (0870 845 0829) or logging on to our website at: www.scottishwidowsbank.co.uk or calling our Customer service staff on 0845 845 0829.

5.5 The interest rate is guaranteed to be no less than 0.25% below the Bank of England Base Rate until 31/12/2012.

Interest Payments

5.6 Interest can be applied annually on 1 April, or twice yearly on 1 April and 1 October.  Interest is payable gross as long as HM Revenue and Customs requirements are met.

Interest Calculation

5.7 Interest is calculated on a daily basis:

1. in the case of cheques, from the second business day after the cheque is received for credit to your account; and
2. for all other payments from the day funds are credited to or debited from your account.

Settlement of Interest

5.8 Interest may be credited to this account, or:

1. transferred in accordance with condition 4 to a different account with us in the same name or in an individual name who is party to the account (not for business accounts); or
2. (providing the account balance is above £2,500) transferred in accordance with condition 3 to your pre-advised account.

6. Identification Requirements

6.1 To comply with Money Laundering Regulations, Scottish Widows Bank needs to verify your identity when opening the account.

6.2 Scottish Widows Bank may make searches now and in the future about you with an online reference agency who will supply information for the purpose of verifying your identity.  Scottish Widows Bank may also obtain documents from you confirming your identity and address.

6.3 You will not be allowed to operate the account until the Money Laundering checks are complete.

6.4 The FSA’s Factsheet “Proving your Identity” will help explain why we need to verify your identity.  You can get a free copy from www.moneymadeclear.fsa.gov.uk/pdfs/proving_your_identity.pdf or by calling them on 0845 606 1234.

7. Communication

7.1 On opening an account with us, you will be allocated an account number. Its purpose is to assist us in locating your account details in order to deal efficiently with your requirements. It is not a security code but should be quoted in all correspondence and in telephone enquiries.

7.2 We may monitor or record all telephone calls with you in order to check we have carried out your instructions correctly and to help improve our quality of service. We reserve the right to request additional account information as is reasonable to satisfy ourselves that the telephone caller is in fact the account holder.

7.3 Where we say we will write to you, we will do so as appropriate by letter, email, text, statement messages or inserts, a message via Internet Banking, or in any other way which is sent to you individually.

Account information

7.4 A written statement of the account will be provided within 10 business days of any interest being applied. The frequency of this will depend on the interest application options available for your specific account. It may be possible to request an alternative frequency for your regular statements to meet your requirements by calling our customer service staff on 0845 845 0829.

7.5 You can ask us to send you a copy of a paper statement we have already provided or made available but we will charge you for this.

7.6 Information relating to the account will be available via our Internet Banking system.  You can also call us at any time to request written details of transactions, charges and interest on your account.

7.7 You are responsible for checking statements and other account information we give you. You must tell us as soon as you reasonably can (by telephoning our customer service staff on 0845 845 0829) if you notice any errors on your account.  If you do, or if we notice any errors, we will correct them as soon as reasonably possible.

7.8 We will communicate with you in English.

8. Security

8.1 You must:

1. follow instructions we give you, which we reasonably consider are needed to protect you and us from unauthorised access to your accounts;
2. not let anyone else use your Security Details;
3. keep your Security Details secure and protected from damage;
4. do all you reasonably can to make sure no one finds out your Security Details, for example by not:
   1. choosing obvious passwords or codes (such as your date of birth) as part of your Security Details;
   2. writing your Security Details on, or keeping them with your banking documentation;
   3. writing down your Security Details in a way that is recognisable;
   4. letting anyone listen in to your calls with us, or watch you entering or making use of your Security Details;
5. not let anyone else give instructions, or have access to information, on your account unless he or she has a separate arrangement with us to do so, or you have authorised him or her to do so.

8.2 The Security Details you provide on your application form will be held securely on file for your protection. Security Details can be changed at your request providing notification is given in writing (evidenced as required) and signed in accordance with the application form.

8.3 If you think someone else may be able to use, or has used, your Security Details (because, for example, they have found out your password), you must tell us as soon as you reasonably can by telephoning our customer service staff on 0845 845 0829. If we ask, you must give us any information you know about the misuse of the Security Details. We will pass this to the police if we reasonably think that will be useful.

We will keep a record of your call and may monitor or record the call itself. In any case where you suspect that a theft or fraud has been, or may be, committed, we may ask you to report your suspicions to the police and to provide us with any crime reference number which the police give you.

8.4 If you give us notice under condition 8.3, we will freeze your account.  We may then either:

1. arrange for you to register new security details; or
2. on receipt of written instructions signed by you, close your account and transfer the balance to a new account.

8.5 If you register for Internet Banking, please familiarise yourself with the security information outlined in the Internet Banking terms and conditions.

9. Direct Debits

9.1 Where you make payments by direct debit mandate there is a guarantee in place (which is unlimited in time). This guarantee is offered by all banks and building societies that take part in the Direct Debit Scheme.  If an error is made by Scottish Widows Bank plc or your other bank, you are guaranteed a full and immediate refund from the bank holding your account of the amount paid.

9.2 If the amounts to be paid or the payment dates under a direct debit mandate change, Scottish Widows Bank plc will notify you 10 business days in advance of your account being debited or as otherwise agreed.

9.3 If you wish to change the amount to be paid or the payment dates, we usually require only three business days notice which would supersede the standard 10 business day notice period.  Telephone instructions will normally be recorded for your security.

9.4 You can cancel a direct debit at any time by writing to your bank or building society. Please also send a copy of your letter to us.

9.5 The efficiency and security of the Direct Debit Scheme is monitored and protected by your own bank or building society. 

10. Refunds

10.1 We will refund the amount of a withdrawal and any charges or interest you paid as a result of it, and pay you any interest we would have paid you on that amount, if:

1. the payment was not made properly or never arrived, unless there was a mistake in any of the details contained in the payment instruction you gave us or we can show that the payment was received by the other bank (in this case, that bank is required by law to make the payment immediately); or
2. you tell us that a payment out of your account was unauthorised and, having investigated it, we are reasonably satisfied that the payment was not authorised and that you are not liable (condition 12 has more information on liability).

We will not refund the payment if you tell us more than 13 months after the payment was made.

10.2 If a withdrawal was not made properly or never arrived, we will (if you ask us to) make immediate efforts to trace the payment and notify you in writing or by telephone of the outcome.

10.3 If you ask us to transfer money to your account by direct debit and the payment is not made correctly or never arrived we will:

1. (unless we can show it was the fault of the paying bank, or you gave us the wrong payment details - see condition 1.3) immediately ask the paying bank to make the payment to us again;
2. if you ask us to, make immediate efforts to trace the payment and notify you in writing or by telephone of the outcome; and
3. refund you any interest or charges you paid as a result.

10.4 If we can show that it was the paying bank's fault under condition 10.3, they will be responsible for:

1. putting the amount of the payment back into your pre-advised account;
2. paying you any interest you would have earned on the amount had it not been taken from your pre-advised account; and
3. refunding you any interest or charges you paid as a result of the payment not being made correctly or at all.

10.5 Conditions 10.3 and 10.4 do not affect your rights under condition 9.

11. Variation

Interest Rate Changes without advance notice

11.1 Rates on “tracker accounts” change automatically. A 'tracker account' is an account where the interest rate tracks a 'reference interest rate'. This is a rate which is not set by us but is publicly available so that you can find out what it is and check it independently. The Bank of England Base Rate is an example of a reference interest rate.

11.2 Where the interest rate on a tracker account changes as a result of a change in the reference interest rate we will apply the new rate with effect from the next business day.

11.3 We can change interest rates we set on an account which do not track a reference interest rate ('managed rates'), without giving you advance notice, if the change is:

1. to your advantage; and
2. to respond proportionately to actual or reasonably expected changes in regulatory requirements affecting us or the costs of running our accounts, including changes in our funding costs (for example, changes to the Bank of England Base Rate).

11.4 We may also change a managed rate to your advantage, without giving you advance notice, for a valid reason not stated in this condition.

11.5 This paragraph applies to accounts on which we guarantee that managed rates will not fall below a certain level in relation to a reference interest rate (a 'floor'). If there is an increase in the reference interest rate which results in the annual interest rate we pay on your account coming to be lower than the floor we will increase the annual interest rate on the first day of the month following the date on which it comes to be lower than the floor without giving you advance notice.  The increased rate will be equal to the floor in force on the date when the increase takes effect. We may also further increase the annual interest rate at the same time under condition 11.3 or 11.4, above.

11.6 Where a change to a managed rate happens without advance notice, we will write to tell you about the change within 30 days.

11.7 Regulatory requirements may require us to give advance personal notice of at least 14 days of some changes to a managed rate, rather than make the change without advance notice. We will follow these regulatory requirements.

Changes with advance notice

11.8 By writing to you at least two months in advance we can change:

1. the terms that apply to a particular account or service (such as the margin on a tracker account, any applicable charges, the benefits included with an account or, if we haven't changed it under one of the conditions above, a managed rate); or
2. any of the other terms of this agreement.

11.9 We will only make a change under condition 11.8 if:

1. you can end this agreement (or close the affected account or service) before the change takes effect if you do not want to accept the change; and
2. you can do so (or we say you can do so) without charge and without condition 5.3 affecting your interest.

Unless you close your account or end this agreement before the date the change takes effect, we will be entitled to assume that you have accepted the change on that date.

11.10 Some of these conditions are based on expected regulatory requirements that will not be made until after this document is prepared for printing.  If any condition turns out to be inconsistent with a regulatory requirement, we will not rely on it but will treat it as if it did reflect the relevant regulatory requirement and we will make any changes to these conditions that are required to reflect that requirement when they are next reprinted.

12. Liability

12.1 If we break this agreement:

1. 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 action, problems with another system or network, mechanical breakdown or data-processing failures;
2. we will not be liable for any indirect loss resulting from our breach.

12.2 You will not be liable for any payment instructions you did not give yourself, even if they were given using your Security Details, unless we can prove either:

1. that you have acted fraudulently in which case you will be liable for all payments from your account that we have been unable to stop; or 
2. that you have been very careless with your Security Details (for example if you do not tell us as soon as you think someone has discovered your Security Details or is accessing your account without your authority or you broke your obligations in condition 8) in which case (depending on the facts of the case and any legal requirements that apply) you may be liable for payments from your account but only until you have told us that your Security Details have been lost, stolen or could be misused.

If you are not liable for a payment we will refund the amount of the payment and any charges or interest you paid as a result of it, and pay you any interest we would have paid you on that amount, and will not have any further liability to you.

12.3 Nothing in this agreement limits our liability for acting fraudulently or very carelessly or otherwise excludes or limits our liability to the extent we are unable to exclude or limit it by law.

13. What we do with your information

13.1 We may hold information on you for administration, research, analysis, credit assessment, money laundering checks, fraud prevention and the marketing of financial and related products and services.

13.2 In accordance with the Data Protection Act 1998 you have a right to ask for a copy of this information (on payment of an administration fee. Please call our customer service staff on 0845 845 0829 for details) and the right to request us to change any of this information if it is incorrect. The information we hold about you is confidential. We will only disclose it outside Scottish Widows Bank and other Lloyds Banking Group companies when:

1. you give us your consent,
2. it is needed by our agents and others involved in running accounts and services for you,
3. we or others need to investigate or prevent crime,
4. the law permits or requires it, even without your consent,
5. there is a duty to the public to reveal the information,
6. we need to assist any body which monitors compliance with any code of practice to which we subscribe, in discharging its functions under the code,
7. we need to assist the Financial Ombudsman or our regulator.

We will, as required by any regulatory requirements, remind you periodically that you can request us not to send you any marketing information regarding additional services and products of Scottish Widows Bank or other Lloyds Banking Group companies by writing to us at PO Box 12757, 67 Morrison Street, Edinburgh, EH3 8YJ, quoting your account number.

13.3 Your information may, in certain cases, be disclosed to other companies in the Lloyds Banking Group or agents acting on behalf of the group, where the interests of Scottish Widows Bank require such a disclosure. Information, including full details of the conduct of your account and any transactions that you make, may be shared and used by Scottish Widows Bank plc and other companies within the Lloyds Banking Group, to enable them to identify and advise you, by post, telephone or other electronic media, of any products and services that may be of interest to you, unless you have advised us not to do so.

13.4 Other Lloyds Banking Group companies will not make marketing approaches to you unless you already have a relationship with them.

13.5 Sending your personal data by e-mail is not secure. Only include your e-mail address if you agree to Scottish Widows Bank sending you e-mails.

13.6 We may record and monitor telephone calls with you in case we need to check we have carried out your instructions correctly and to help improve the quality of our service.

14. Law

14.1 Subject to conditions 14.2 and 14.3, the law of Scotland:

1. governs the contract between you and us; and
2. forms the basis on which relations are established between you and us before the contract is made.

14.2 If you are resident in Northern Ireland when the conditions in this agreement first apply to you the law of Northern Ireland will apply for the purposes of condition 14.1.

14.3 If you are resident in England or Wales when the conditions in this agreement first apply to you the law of England and Wales will apply for the purposes of condition 14.1.

15. Complaints

15.1 Scottish Widows Bank has in place an internal complaints procedure, details of which can be obtained by telephone from our customer service staff on 0845 845 0829.

15.2 Alternatively you can write to us at:

Customer Services Department
Scottish Widows Bank plc
PO Box 12757
67 Morrison Street
Edinburgh EH3 8YJ

If we are still unable to reach an agreement with you to settle your complaint, we’ll write to you with a “final response”. If you are not happy with our final response, or if you do not receive it within eight weeks, you can (unless you are a larger business customer) refer your complaint to the Financial Ombudsman Service by writing to them at South Quay Plaza, 183 Marsh Wall, London E14 9SR; by telephoning 0845 080 1800 or by e-mailing complaint.info@financial-ombudsman.org.uk. The decision of the Financial Ombudsman Service will be binding upon us.

15.3 Scottish Widows Bank plc is a member of the Financial Services Compensation Scheme established under the Financial Services and Markets Act 2000. If we are unable to pay what we owe you, you may be able to get compensation of up to £50,000 from the Scheme.   Most depositors including individuals and small firms, are covered. Deposits denominated in currencies are treated alike. A leaflet with further details is available on request from the scheme. Call their helpline on 020 7892 7300. Visit their website at www.fscs.org.uk Email: enquiries@fscs.org.uk or write to the Financial Services Compensation Scheme, 7th Floor Lloyds Chambers, Portsoken Street, London E1 8BN.

16. Joint Accounts

16.1 Joint Accounts are not available for the E-Cash ISA product

17. Confirmations

17.1 Confirmation will be issued for transactions over £10,000 for both deposits and withdrawals.

18. Amendments

18.1 Requests to amend account details should be made in writing and be signed by you in accordance with the prevailing instructions. For your convenience standard amendment forms are available on telephone request to the customer services line. Notice of any change of name or bank details must be accompanied by appropriate evidence.

19. Death of Account Holder

If the account holder dies, the personal representatives may close the account (upon presentation of such evidence of their authority as we may require) by withdrawing the balance of the account together with any interest accrued without notice or penalty. The exemptions from tax shall terminate immediately on the death of the account holder.

20. Notice to Close Account

20.1 This agreement will continue until you or we cancel or end it. If you are paying any monthly or other regular fees for an account or service, the amount you pay will be limited to the period we provide for that service.

20.2 You may end this agreement, or an account or other service under it, without change at any time by writing to us or phoning us.  Where you have not told us in writing, we may require confirmation in writing.

20.3 We may close your account at any time.  We will give you not less than two months’ written notice of our intention to close your account unless:

1. you are, or we reasonably consider you may be:
   1. using or obtaining, or allowing someone else to use or obtain, a service or money illegally;
   2. acting fraudulently;
   3. behaving improperly (for example, in a threatening or abusive manner);
2. we reasonably consider that by continuing to allow you to run your account:
   1. we may break a legal requirement or a court order or other authority;
   2. we (or another company in the Lloyds Banking Group) may be exposed to action from any government or regulator; or
3. you have seriously or persistently breached these conditions in any other way.

If we close your account without giving you the notice beforehand, we will do so as soon as possible afterwards.

21. Right to Cancel

If you are not happy about your choice of savings or investment account(s), please write to us within 14 days of opening your account at:

Scottish Widows Bank plc
PO Box 12757
67 Morrison Street
Edinburgh
EH3 8YJ

21.1 We will help you switch accounts or we will give you all your money back with interest. We will ignore any notice period.

22. Contracts (Rights of Third Parties) Act 1999

This contract is between the Account Holder(s) and Scottish Widows Bank plc. The terms of the Contracts (Rights of Third Parties) Act 1999 and any other legal third party rights are specifically excluded except to the extent that rights are expressly conferred on other Lloyds Banking group Companies. This means that only the parties to the contract (or their legal successor(s), assignee(s) or other security holders) and other Lloyds Banking Group Companies may have contractual rights.

23. Void accounts

We shall notify the account holder if by reason of any failure to satisfy the provisions of the ISA Regulations, the account has or shall become void.

24. Transferring an ISA

At your request, and within 30 days, an ISA or part of an ISA, with all rights and obligations of the parties to it, may be transferred to another ISA Manager.

25. Assignment

25.1 We may appoint another company (which shall be a member of our own group of companies and approved to act as an Account Manager under the ISA Regulations) as Account Manager in our place and may transfer to that company all relevant benefits, duties and obligations arising under these conditions. We shall ensure they possess the relevant competencies as Account Managers.

25.2 You may not, however, assign any of the rights, benefits, duties or obligations under this agreement.

25.3 You must be the beneficial owner of the account and must not use the account as security for a loan.

26. Subscriptions

26.1 If you continue to subscribe to your Scottish Widows Bank E-Cash ISA in a given tax year you will not be able to subscribe to another cash ISA within the same tax year.

26.2 If you have not subscribed to your Scottish Widows Bank E-Cash ISA in a given tax year you cannot lodge further funds to this ISA until a fresh application form is completed.

26.3 You are able to transfer money saved in the current tax year in cash ISA into a stocks and shares ISA. Such transfers must be the whole amount saved in that tax year in that cash ISA up to the day of the transfer. Once transferred, the money is treated as if it had been invested directly into a stocks and shares ISA in that tax year.

27. Commission

If your application was introduced to Scottish Widows Bank by your Financial Adviser, they will receive 0.2% commission annually based on the average balance of your account. This will be paid quarterly in January, April, July and October.