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A High Court test case that could shape the future of the UK retail banking industry finally got under way today when lawyers for eight of Britain's leading banks began defending allegations of charging “rip-off” fees.
Lawyers for the banks, which include Royal Bank of Scotland (RBS) Barclays and HSBC, told the court that rules governing what is and is not a “fair” contract do not apply to bank charges for unauthorised overdrafts.
The fees, which can be as high as £40 each and earn UK banks around £10 million a day, are at the centre of a multibillion-pound battle between consumer watchdog the Office of Fair Trading (OFT) and the banks.
One of the most eagerly awaited commercial court cases in recent years began with lawyers for one of the banks saying the OFT itself must bear part of the blame for the torrent of court claims that had already been launched by dissatisfied customers.
Laurence Rabinowitz, QC, representing RBS, told Mr Justice Andrew Smith in London that the “flood of claims currently engulfing the court system” was partly a result of “ill-judged comments” made by the OFT.
He said the OFT, following its report on credit card charges, had stated that exactly the same principles applied to current accounts.
The comment was “unfortunate” because it was made before the OFT had even begun its ongoing investigation into current account overdraft charges.
It became obvious that, “a hornets' nest having been stirred”, the matter should go to court for a decision on the issues, Mr Rabinowitz added.
Around 50,000 legal claims against the banks on the issue have been put on hold pending the outcome of today’s case.
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My wife and I manage a joint account for our mortgage & bills. we work out how much needs to be paid in and add a buffer for the unexpected, which has the net effect of reducing the overdraft...theoretically. There have been occassions where unexpected funds have been taken on unexpected dates which sometimes puts the account over the limit by a few tens of pounds. When this remains unrectified for a few days, and the other regular charges are debited, a charge is incurred for each and every transaction request - at a cost of £30 per transaction. The bank does not notify us of the charges for a further week or so...but when they do, the cost of this small oversight is around £120! There are two issues: we don't have control over when the direct debits go out...they have been set up to be balanced between mid and end of month, but we have no control. The extra bank charges of about £120 actually contribute all of the reason we are overdrawn!
David Harrison-Jones, London, England
Other countries in Europe have a different view point on "unauthorised" borrowing. It is in France a Criminal Offence to write a cheque without sufficient credit balance to pay it - you are given a matter of days to rectify the issue! If you don't then you are barred from holding a bank account - if then after 21 days its still not rectified then you risk prison! In the UK we really do need to re-align our thinking - unauthroised borrowing is theft. You wouldn't expect to go into a shop - take what you want home and then tell them you might pay in a few days or months would you?
Mark, London,
I am struggling enough on income support with 3 children as at the moment it is difficult for me to work for the time being,and with my bank charges on top,i can just about afford food,it's ridiculous,i remember one of my monthly charges being 100 pound!!
sian roach, cardiff, u.k
Sorry Luke...but it's your fault. If you had managed your finances and not gone over your overdraft limit you wouldn't have been charged and had to pay the fees. Simple. You signed and read the contract and now you're bleeting about fairness. Welcome to real life.
Galen Moore, Riyadh, Saudi Arabia
Banks are ripping off the customer. I was charged 25 pounds for a per fprma letter regarding my mortgage payments. The government must act to help the cunsumer.
hamad lone, London, England
The Banks prey on those who have no money and are at their weakest. This coud be justified to some extent when cash was an accepted form of payment, but now that we are encouraged to haveour salaries and make payments through bank accounts, then the Banks need to be more accountable to their customers.
What part of £35 does it cost to say no and bounce a cheque and send you a letter, also putting your account into an unoffivcial overdraft and paying unnecessary high intrest on it.
Here in the USA it is called 'junk fees' which they are, unqualified sums of money charged to clients for work not done or services received,
We are being asked to feel sorry for bank executives whose bonuses have been reduced last year because of losses in the sub prime mortgage market, when the minimum bonus paid was £100,000 and reaching into the millions for some, let the barristers explain the fairness in that at the trial.
Derek Willmott, Fayetteville, USA
I live (and bank) both in UK and Vienna. My Austrian bank which provides far superior service makes no charge and I can ring or e-mail my personal banker direct with queries. Try that on the NatWest call centre.
David Goulden, Vienna, Austria
The banks themselves are responsible for the flood of claims. By settling out of court and preventing real cases from setting president they have indicated that they believe there is a good chance they will lose. Banks in the past have used these fees as a way of getting rid of unwanted customers and have made huge amounts of money out of other peoples misery. Despite making Millions / Billions of Pounds profit, they are still trying to carry favour with the general public by suggestting that should they lose this case it is likely that they will no longer be able to provide free banking to personal customers. These charges are unrealistically high and banks should be brought to account. More over this should come out of their ever increasing profits and not out of other peoples pockets. Credit Crunch or not.
James, London,
I have an old student account with Halifax, which essentially just sits there, as I have a current account with Lloyds that I use more often.
What happens is, the interest creeps past my overdraft limit, which will only be a matter of pence, but then they charge me £28 straight away and then additional charges for days afterwards.
I worked out I had paid the bank more than £800 between 2003 and 2007 as a result. I tried to claim the money back but was refused. How's that fair? My overdraft was £1250. I could've paid most of it off. Bloodsuckers.
Luke, Bedford, UK