PSD2 Framework

The European Union (Payment Services) Regulations 2018 (the “Regulations)

Regulation 76 Information

This is part of your ‘Framework Contract’ with us which contains information specified under Regulation 76 of the Regulations to be given to you in relation to the particular account(s) referenced below.

 Letterkenny Credit Union Limited is regulated by the Central Bank of Ireland.

YOUR ACCOUNT

The following is a description of the main characteristics of the account(s) you hold with us and payment services on such account(s) but excluding (where applicable) any current account (and related payment services) or loan account you hold with us as being subject to separate terms & conditions:

Giving an order for payment from your account: When you give us an order to make a payment from your account, we will need you to provide us with the details of the beneficiary of the payment (i.e. their account number and sort code, together with any relevant identification details for the payment service provider (‘PSP’) with which they hold their account).  Depending on how you place your order with us (i.e. online, in our offices, by telephone etc) we may also need you verify that order by signature, by use of a password, or by use of a PIN [Credit union must to ensure whatever methods of authentication they use comply with the strong customer authentication requirements under PSD2, where applicable], depending on the type of account that you hold. All of this information, taken together, is known as the ‘unique identifier’ that you must give us. In giving us that unique identifier, you will be consenting to our execution of that order for you.  You cannot withdraw that consent after you have given it to us.  However, if the order is for a direct debit to be taken from your account, you can revoke that order and your consent by notice to the beneficiary of that direct debit up to close of business on the business day before the funds are to be debited from your account. If the order is for a standing order to be taken from your account, you can revoke that order and your consent by telephoning us & follow-up confirmation email or calling into our offices up to close of business on the Business Day before the funds are to be debited from your account.  In exceptional cases, we may allow you to withdraw your consent after the times specified above, but our specific agreement will be required, and we will not be obliged to do this.

Cut-off times: When we are given an order in relation to a payment on your account, we must be given that order before 2pm on one of our Business Days unless otherwise stated by us in respect of any particular payment type. If we are given that order after that time, we will be deemed to have received that order on our next following Business Day.  If we agree with you that an order is to be executed on a particular Business Day, then we will be deemed to have received that order on that particular Business Day.

Execution times: We confirm that we have up to the end of the first Business Day following the date of deemed receipt of an order under 2 above to credit the amount of that order to the beneficiary’s payment service provider. If the order is initiated by paper, we will have an extra Business Day to do this.

Spending limits and payment instruments: If we give you a payment instrument on your account (e.g. a card with a PIN number, or use of online banking with a password), you may separately agree spending limits with us for use of a particular payment instrument. If we give you a payment instrument for your account, you must, as soon as you receive it, take all reasonable steps to keep personalised security credentials safe including (without limitation) the following:

Do not include your PIN or password with your credit union membership book or records.

Do not disclose your PIN or password to anyone.

Do not disclose your PIN or password over the telephone or in a letter or email.

Keep our telephone number to hand in order to promptly report to us any suspicious activity on your account.

If the payment instrument is lost, stolen, misappropriated or used in an unauthorised manner, you should notify us by telephone or calling into the office.  We reserve the right to block your use of a payment instrument for any of the following reasons:

• security of the payment instrument;
• suspicion of unauthorised or fraudulent use of the payment instrument;
• (if the payment instrument is connected with the provision by us of credit to you) a significantly increased risk that you may be unable to fulfil your liability to pay; and
• our legal or regulatory obligations, including our national or European Union obligations.

If we block your use of a payment instrument, we will inform you about it (and the reasons for it) by telephone where possible prior to the blocking of the payment instrument and otherwise at or about the time the payment instrument is blocked unless giving you that information would compromise our security or would be prohibited by law. You may request that we unblock the payment instrument and we will do so, or replace the payment instrument, once the reason for blocking no longer exists.

Charges: We only levy a limited number of charges in connection with the accounts that we offer. Details of these charges are available in our offices or on our website or on request.

Interest rates: If an interest rate applies to your account, you are told this when you open your account and that interest rate is incorporated by reference into this Framework Contract. You can obtain confirmation of that interest rate by contacting us as set out above.

Exchange rates: If any payment on your account (including a withdrawal by you from your account) involves a currency conversion being made by us, we will use a reference exchange rate FEXCO (the ‘reference exchange rate’). The reference exchange rate will change each business day and this is the basis on which we will calculate the actual exchange rate.  On the date on which we effect the currency conversion, we will take the reference exchange rate that applies on that date, add a fixed amount of commission and the total will equal the actual exchange rate that is used by us in the currency conversion.  You can find out changes to the reference exchange rate by contacting us as set out above.

Giving you information: If we need to communicate with you, give you information or notice of any matters relating to this Framework Contract, we will do so in writing unless we state otherwise herein. Such information or notice will be given to you promptly upon the requirement to do so arising. You may request that we provide or make available to you certain information (prescribed by law) relating to individual payment transactions (in respect of which you are the payer) executed on your account at least once a month and free of charge and in a manner that allows you to store and reproduce the information unchanged.

Regulation 76 Information: For as long as you hold this account with us, you have the right to receive, at any time and on request by you, a copy of this Regulation 76 Information on paper or, if possible, by secure email.

Unauthorised transactions: If you become aware of a transaction on your account that is unauthorised or incorrectly executed, or if your payment instrument is lost, stolen or misappropriated, you must tell us without undue delay and, in any event, within thirteen months of such a transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed.  If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place PROVIDED THAT:

• you will bear the loss of an unauthorised transaction on your account, up to a total of €50, if the unauthorised transaction resulted from the use of a lost, stolen or misappropriated payment instrument unless (i) the loss, theft or misappropriation was not detectable to you prior to the payment and you have not acted fraudulently, or (ii) the loss was caused by actions or lack of action by us or any of our employees, agents or third parties acting on our behalf.
• you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with gross negligence to keep the payment instrument and personalised security credentials safe, to use the payment instrument in accordance with any terms that we tell you are applicable to it, and to notify us without undue delay of it being lost, stolen, misappropriated or used in an unauthorised manner;
• so long as you have not acted fraudulently you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have notified us in accordance with this Framework Contract that it has been lost, stolen or misappropriated;
• if we have not in accordance with applicable or regulatory standards applicable to us, required strong customer authentication for any transaction to which you are party as payer, you will not bear any financial losses relating to any such transaction which is unauthorised unless you have acted fraudulently.

Refunds of direct debits: If a direct debit is applied to your account but:

• your direct debit authorisation did not specify the exact amount of the payment; and
• the amount of the payment exceeded the amount you could reasonably have expected taking into account your previous spending patterns, the terms of this Framework Contract and any other relevant circumstances; and
• you give us such factual information as we may require to prove 11 (a) or 11(b) above; and
• you did not give us consent in advance to the direct debit being taken from your account; and
• neither we nor the beneficiary of the direct debit provided or made available information to you about the such direct debit at least four weeks before the debit date,

then you may request a refund from us of that direct debit for an eight week period following the debit date.  We will then have ten Business Days to refund you, or give you reasons for our refusal to refund you and that your right to refer the matter to the Financial Services & Pensions Ombudsman – as to which see clause 17 below for further details.

Unique identifier: If you give us an order to make a payment from your account and we execute it in accordance with the correct unique identifier, we will be taken to have executed it correctly as regards the beneficiary of that order. If you give us an incorrect unique identifier, we will not be liable for the non-execution, or defective execution, of the order.  We will, however, make reasonable efforts to recover the funds involved.

Our liability if you make a payment out of your account: If you give us an order to make a payment from your account, we are liable to you for its correct execution unless we can prove to you (and if necessary to the beneficiary’s PSP) that the beneficiary’s PSP received the payment. If we are so liable to you for a defective or incorrectly executed payment order, we will without undue delay refund the amount of such order to you and, if applicable, restore your account to the state that it would have been in if the defective or incorrect transaction had not taken place.  Irrespective of whether we are liable to you or not in these circumstances, we will make immediate efforts to trace the transaction and notify you of the outcome. If we refuse to execute a payment transaction we will notify you of the refusal and, if possible, of the reasons for such refusal and the procedure for correcting any factual mistakes that may have led to the refusal unless prohibited by law.

Our liability if you receive a payment in to your account: If the payer’s PSP can prove that we received the payment for you, then we will be liable to you. If we are liable to you we will immediately place the amount of the transaction at your disposal and credit the amount to your account.  If you have arranged for a direct debit to be paid into your account, we will be liable to transmit that order to the payer’s PSP.  We will ensure that the amount of the transaction is at your disposal immediately after it is credited to our account.   If we are not liable as set out above, the payer’s PSP will be liable to the payer for the transaction. Irrespective of whether we are liable or not in the circumstances, we will make immediate efforts to trace the transaction and notify you of the outcome.

Duration, changes and termination: Your contract with us, as detailed in this Framework Contract, is of indefinite duration. If we want to change any part of the information provided herein which is required by Regulation 76, we will give you at least two months’ written notice of the proposed change where required by law to do so.  If you do not notify us within that two month period that you do not accept the proposed change, you will be deemed to have accepted it.  If you do not want to accept the proposed change, you must notify us in writing and you will be allowed to terminate your contract with us in relation to the account to which this Framework Contract relates immediately and without charge before the end of that two month period.  If we change an interest rate or an exchange rate in a way that is more favourable to you, we have the right to apply that change immediately and write to you soon afterwards confirming that change.  We can change an exchange rate immediately and without notice if that change is based upon the reference exchange rate agreed in this Framework Contract.  You may terminate your contract with us free of charge in relation to the account to which this Framework Contract relates on giving us not less than two months’ notice in writing.  We may terminate our contract with you in relation to the account to which this Framework Contract relates on giving you not less than two months’ notice in writing.

Governing law and language: This Framework Contract shall be governed by and construed in accordance with the laws of Ireland, and all communication between us and you during our contractual relationship shall be conducted in English.

Redress: If you have a complaint in relation to the matters governed by this Framework Contract you can write to us and we will deal with your complaint in accordance with our obligations under the Regulations. If you are not satisfied with the outcome of this internal process, you may refer your complaint to the Financial Services Ombudsman. Contact details are as follows: Financial Services and Pensions Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2 D02 VH29 Tel. (01) 5677000, E-mail:  info@fspo.ie.

Consent: By maintaining and/or carrying out transactions on this account, you explicitly consent to us accessing, processing and retaining personal data necessary for the provision of these payment services.