By Grainne Gilmore
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The Office of Fair Trading (OFT) is gearing up for a new chapter in the battle over bank charges. The watchdog, which is taking seven major banks to court over penalty fees and charges on overdrafts, will file its response to the banks’ legal defences in the next few days.
The case is likely to be heard at the High Court in January next year. It could cost the banks billions of pounds if they lose.
If the Court finds that overdraft fees, which can be as high as £38 a day, are unfair, the banks could be forced to repay all fees and charges dating back six years. Banks and building societies are estimated to make around £1.7 billion a year from overdraft charges.
The banks claim that their charges are fair and that they contribute to the cost of administering current accounts. In it’s legal defence filed at the High Court, Abbey said: “The services provided by Abbey...are paid for by its customers by means of a combination of the service fees..the net interest earned by Abbey in respect of consumer deposits and the interest charged by Abbey on overdrafts.”
This has raised fears a defeat for the banks in the case could lead to the end of “free” banking. Earlier this year First Direct, the online arm of HSBC, introduced a £10 fee for customers who do not pay in at least £1,500 into their account each month.
The OFT says that overdraft charges are an unfair penalty for customers who exceed their overdraft limit. It is expected to reveal the charge it would deem to be fair and appropriate, sometimes called the ‘magic number’, before the case begins in January.
Hundreds of thousands of bank customers have already reclaimed bank charges directly from their bank or building societies. An estimated £200 million has been reclaimed so far this year. But in July, the Financial Services Authority gave banks a reprieve from repaying charges until the court case is decided.
The institutions engaged in the court case are HBOS, Abbey, Barclays, Lloyds TSB, Clydesdale and Yorkshire Banks, Royal Bank of Scotland and Nationwide Building Society.
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I belive if account goes overdrwan bank must telephone or email or SMS their customers immediately on same day rather than keep on charging on daily basis. I have account witl Allince & Leicester which emails me monthly to check my statement, when there is change in interest rates etc but does not want to email when accidently I go overdrwan but wants to write to me instead which takes few days for me to realise and than bank keps on charging extra ordinary daily rates for being overdrawn. How can they justify that ?
B.Samani, Nottingham, UK
Having only dealt with abbey, I cannot say I doubt the others could be any worse. But I do.
As a student, living away from home, i assumed that the bank would help me to manage my money correctly, so as not to exceed my overdraft limit. But not only did they continue to let me use my card even when I had no funds left, but charged me £20 pounds for going over in the first place, and £30 for each transaction. £50 pounds in total. £250 for going over my limit by £30. How can anyone at Abbey say this is fair and reflects their administration work( which according to recent reports, only comes to about £2) ? I would probably be better off keeping my money under the bed. Abbey is a disgrace, between its exaggerated charges and uncouth "customer services staff" who haven't the slightest notion what they are doing, I advise everyone to stay away.
Sophie, London,
People don't change banks because they're all as bad as each other - all high street banks impose unfair charges that are entirely disproportionate to the actual costs of maintaining current accounts.
Davina, London,
Why would people change accounts?
Why move from one theiving monolith to another?
They are all the same - they are greedy, they lie (a lot) and ALL are very, very inefficient.
I started a business a few years ago, and when my partner and I started to realise we would need a bank account, my heart sunk.
I knew the nightmare ahead.
...and I was right. Documents sent to the wrong address, letters addressed to the wrong person, cards "lost in the post", the list was endless.
Went to another bank, and guess what. The incompetence was just as bad.
Dave, Kent,
Common Law states that if a penalty exceeds the Liquidated loss (ie Cost to the bank) then the penalty is unlawful. Why do the banks not come out and tell the country exactly what the cost of rejecting a Direct debit or returning a cheque actually is? Whatever the OFT find whether the terms are unfair or not it makes no difference to the case for Common Law. This case should not be about setting what the OFT thinks is fair as they did with Credit Cards -' not to exceed' £12 it is still unlawful at Common Law if £12 exceeds the liquidated loss. Just pay people back and move on.
Alan, London,
People do not change banks often enough for one simple reason 'The Cartel Set-up.' Banks, like supermarkets, try and hoodwink customers into thinking that there is competition in the market place. However, when all the gimmicks and offers are stripped out there is very little difference between the banks. I agree there is some inertia but the gains in switching are so miniscule it isn't worth the hassle. Now, if the FSA clamped down on some of the banks rip off procedures and products the customer would benefit -- but they won't.
R.Allely, Cardiff, Wales
Consumers grumble and complain and generally make noise regarding banks and their charges, but how often do people move accounts. It's now easier than ever to move accounts. If more people moved and told their banks why they were doing so, the banks would be forced to act, or risk loosing business. Many people have no loyalty to our credit cards and change to keep with a deal that suits us... why not do the same with banks.
Christopher, Manchester, Lancashire