Elizabeth Colman and Fiona Hamilton
We've made some changes
to The Sunday Times
Bank customers have paid out an average of £742 in “illegal” penalties over the past six years, it was claimed yesterday. About 18 million of the banks’ 45 million customers have been charged penalties, some as high as £39 a day, since 2001.
The figures emerged as more than one million customers seeking refunds of £713 million in disputed charges have had their claims frozen until a test case is resolved in the High Court.
New research for the price comparison website uSwitch.com revealed that 38 per cent of current account customers had been penalised by bank charges, totalling £12.4 billion over the past six years.
About one person in 20 had been charged at least £2,500 – more than £1 for each day they held their account. The charges were imposed for bank account breaches such as unauthorised overdrafts, bounced cheques and unpaid direct debits.
According to the uSwitch poll, which surveyed more than 4,000 consumers and was carried out by YouGov, the worst offender was Abbey, where the average charges for customers added up to £1,376 – or £230 a year.
That compared with average penalties of £800 at Lloyds TSB, £731 at Barclays and £585 for HSBC and First Direct over the past six years.
However, the British Bankers Association called the figures “nonsensical” and accused uSwitch of using “fag-packet figures”.
Angela Knight, the association’s chief executive, said uSwitch was making “very partial use of bad statistics and then using them to present UK banks in as bad a light as possible”.
Eddie Weatherill, spokesman for the Independent Banking Advisory Service, said: “As an average, £742 might sound relatively reasonable. But I’m dealing with a case at the moment of someone who was charged £300 in a month and a half.”
Banks have recently refunded £2.6 billion to about 4 million customers after threats that they would be taken to court. The issue over whether the banks can pass on such charges to their customers will be decided by a test case between the British Banking Association and the Office of Fair Trading at the High Court, which begins in January.
In the meantime, uSwitch said there would be a block on claims that would remain in effect until next year, following an order from the Financial Services Authority.
Paul Reuben, 33, of West London, said he had been waiting more than a year to resolve his claim for overdraft fees charged on his current account with Abbey. He was charged £50 each time he exceeded his agreed overdraft because of a direct debit payment. This happened about eight times in six years. He said the situation was very frustrating and he had no idea what his rights were.
It has been calculated that the freeze will give the top five banks a £20.5 million windfall in interest on unpaid refunds.
Which?, the consumer group that has spearheaded the campaign against bank charges, said: “The banks could have saved us all this time and money and simply opened their books a year ago and showed us what it really costs to administer a simple unauthorised overdraft charge.”
A county court judge in Luton ordered Barclays to continue refunding overdraft charges this month after a woman complained of financial hardship during the suspension.
Charges on trial
Inquiry The consumer watchdog, the Office of Fair Trading (OFT), began an inquiry in September 2006 into the charges levied on current accounts after several high-profile public awareness campaigns by consumer organisations
Payback Anticipating the possible outcry from customers, and attempting to avoid thousands of court cases, banks and building societies have paid out about £200 million so far this year in refunds to customers. Many claims have already been settled out of court
Courts The OFT began a test case in July on the legality of overdraft penalty fees in the High Court. If the ruling goes in favour of customers, it could cost the banks £10 billion
Source: Times database
Enjoy screenings of all the classic films you love, plus take advantage of two-for-one tickets
We explore leisure activities that are safe and suitable for all of the family
Times Online's new TV show helps you make the right decisions for your pet
See the best entries in this year's competition
Your brain is capable of more than you might think...
An interactive preview of the brand new For Your Eyes Only exhibition
The latest travel news plus the best hotels and gadgets for business travellers

Love Sudoku? Play our brand new interactive game: with added functionality and daily prizes

Are you irritable when you return from work? Drained of emotion? You could be suffering from boreout
Prepare for some shock and awe, petrol lovers. Despite the greens trying to wipe it out, the car is about to offer us the most exciting year ever
We've trawled the brochures and websites to find this summer’s best holidays for every taste and budget

Our Credit Clinic has free help and advice
2002/02
£59,995
The Midlands
2008/08
£169,950
Scotland
2007/57
£35,000
South East England
Great car insurance deals online
Competitive
CyDen
London
To £28k
Barclaycard
Various (outside London)
£
£40,000 - £50,000 + benefits
Lloyds Pharmacy
Coventry
To £38k
Barclaycard
Northampton/Liverpool
2 Bathrooms, Balcony and Garden
£359,950
Beautiful Gardens w/ stunning Thames Views
Apts From £249,950
Mortgages, bank acc & money transfers to help you buy abroad
Explore mystical Jordan
From £1030 for 7nts 4*
to USA's Most Cosmopolitan City; San Francisco!
£POA
Book Now for Winter 08/09 and Get 10% off!
Great travel insurance deals online
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times. Search globrix.com to buy or rent UK property.
© Copyright 2008 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Bank customers should ask to see a copy of the agreement they signed when they opened their account. If, as I suspect, the paperwork for accounts opened many years ago no longer exists, then the banks have no legal recourse to charge these customers fees.
Steve, preston,
Has anyone considered trying to view this without the fault of the account holder being at issue? Parliament enacted the Unfair Contract Terms Act 1977, in part, to stop this kind of behaviour by banks and many other organisations. Account holders have only themselves to blame when charged for improper management of their finances, but this aside, the banks may still have broken the law.
To suggest that it is acceptable because a customer accepted those terms is ridiculous. Consent cannot be a defence to a crime involving physical harm, so why should it be a defence to an unlawfully constructed contractual term?
There is no moral ambiguity here. The banks may have acted in a manner which is unlawful. If they have, then they are at fault. If the test case finds that their actions are lawful, then the customers will have to accept that they have breached a contract, and the charge is a justifiable one.
CMH, Street, Som.,
You do not have to be 'stupid' to go over your overdraft limit. Sometimes the bank will chose to take out a small amount which will leave a standing order unpaid where the money was in the account. This results in the standing order being with-held and a fee being implemented.
We have been charged a fee of £37 for going 27pence over-drawn on one of our accounts and had our mortgage payment with-held by our bank. Such instances as this puts people who are careful with their finances into "debt" and runs up extra charges. Needless to say our Mortgage Company was not happy with the payment not being available.
To stay within the limits, you need a constant update on your accounts, if you cannot do this you are in danger of having your Bank pilfer your account.
Francis O'Brien, Harlow, Essex
When you open a bank account you accept the bank's terms and conditions - if you have read these terms you should know what penalties are involved if you break them. It is very annoying that people who have kept to the terms and conditions are now going to be penalised by charges for having current accounts because of irresponsible people.
margaret keirnen, argyll,
Calling people 'stupid' for incurring overdraft charges is unfair: you may unaware of the charges, you may make a mistake/miscalculation, or may simply be poor. I'm sure those who have enough money in their accounts not to reach their limit never get charged. Bank charges affect the customers in the greatest financial difficulty, and then makes their situation even more difficult and circular.
Moreover, it misses the point, which is that the charges are both unreasonable (in their disproportionate size) and unnecessary: how much does it really cost a bank if a customer exceeds their overdraft limit.
I am not one for encouraging people to rely on 'others to bail them out', but this is not what the test case is intended to achieve. Rather it is to restore peoples' right to be treated fairly and legally by their banks.
Helen, Cambridge,
Quite honestly I am astounded by the level of claims against the Banks by people who are unable or refuse to conduct their accounts in line with the arrangements they have wiith the Bank.
Surely by borrowing without an arrangement is the same in my view as stealing and the relative charges made by the banks a are I feel fully justified. If people cannot conduct their financiak affairs correctly they should be penalised.
In my view it is yet again an instance of people always blaming someone else for their own shortcomings and because of the media publicity the banks are seen as a soft target. Presunably the media would be happy if the bank made losses and the finacial system crumbled.
Broad, Sheffield, UK
My sister in law had her account frozen by her bank - with a credit of £300 because of her arrears on her mortgage account....they then bounced a direct debit because the account was frozen and charged her a penalty!! She has spoken with the omudsman and the bank has since apologised and credited the fee, but I feel the action of "creating" a penalty charge highlights how the banks operate, possibly driven by performance pay and internal targets...
Chris, Lichfield, UK
Ha Ha,
I will be very pleased when they (thanks to Clementi) take over Conveyancing as they see it very much as a market like tinned beans. There is just going to be so much work for competent litigators sorting all the problems out.... Of course, the consumers don't really figure in these best laid plans....... Bring it on! Would you like your £200k house conveyed at minimum wage (forget all those 'slight complications' like a proper contract and terms and conditions governing the sale and completion or even whether the seller has any title to sell to you)..
Pete Balchin, Solicitor , Bristol, UK
So people who go overdrawn without permission of the bank and then get penalty charges for using the banks money are complaining that they shouldnt get these penalty charges. What right do these people think they have to just use someone elses money and not having to pay for doing so. All loans are attached to interest payments or penalty payments. Why do some people think that they can just dip into the banks funds without permission. This behaviour just sums up this country at present whereby people want everything for nothing and they want it now. If people cant afford things then they should either go without them, or save up for them, or take out loans or credit which both come with interest payments. If people cant afford the payments then they should seek permission from the finance institutions whom they have borrowed from and make arrange to pay what they can afford. They shouldnt just take an unauthorised overdraft. There seems to be no responsibility or principles any more
Lynda Plum, London, england
The banks must be guilty of misleading their customers if they readily repay amounts if challenged. It is about time the government set standards/guidelines for banks to follow and stop ripping off the customer. The courts/government should make banks automatically repay every current account holder who has gone above the recognised overdraft limit monies taken off which are excessive and profiteering by the banks in question. Why should we have to go to court to gain action when we have been swindled!!
Mike, Burley-in-Wharfedale, West Yorkshire
Yes Mike Gilbert from Bournemouth, but a number of points: The law is the law. If the banks weren't so frightened of the law, they wouldn't have paid billions out before now? Banking is not a free service so don't delude yourself that it is. It is generally those in the lower end of the income spectrum, or are in financial diffuculties that subsidise your free banking? Your comment regarding black listing just shows your lack of understanding of the issue A penalty is a penalty, and should not be used by ANYBODY to make a profit. It does not cost £39 to send a letter telling you that you are over your overdraft limit. Im my view, penalty charges should be scrapped, and everybody pays a fee for their account. End of...........
Matt Smith, Rotherham, UK
What nonsense. If you're so financially disorganised that you can run up £742 in unauthorised overdraft charges you shouldn't have a bank account at all. What's wrong with calling the bank and asking for an overdraft before you run one up? Whilst I agree that the banks are partly to blame for this by encouraging people to live on credit and lending to anyone, however unsuitable, people need to take responsibility for their own finances. If those ads saying '0% on balance transfers' appeal to you, more credit is the last thing you need.
Liz, London,
I donât care much for fees charged on those who exceed their overdraft (forgive my selfishness) but my beef lies with the interest rate that is charged on legal overdrafts. For example, having just had the student marker removed from my current account, on an overdraft of £2,700, I found myself paying interest of no less than £35 each month (I could only afford to pay £50 each month into the account; by the time the bank took its âcutâ, I was effectively only paying in some £15 each month). Why should banks be allowed to take so much when they only usually put in paltry sums in the way of interest earned on current accounts?
Annie, Cambridge, UK
'Illegal' overdraft fees. If this is so; why aren't these institutions facing the courts of law now? As customers, if we steal peoples money we are swiftly prosecuted. It's not the 'banks' we want brought to justice, it's the people who are authorising these crimes. Or are they too high up the food chain?
Ben Avraham, Southport, UK
If I and my wife with very ordinary jobs can bring up two children, pay off the mortgage without help from any other source or ever resorting to an overdraft either approved or otherwise how can I have the slightest sympathy with any idiot stupid enough to spend themselves into trouble and expect others to bail them out. As part of the 62% of bank customers not involved, I suppose now I shall be penalised for their stupidity by higher charges. The banks should just black list them and let the county courts sort them out and let them explain the judgements when they want credit.
mike gilbert, bournemouth, uk