Overdraft bank charges court case Q&As
What does this mean?
The Supreme Court decided that an unarranged overdraft charge is a key part of a current account. This means that where the charges are explained in clear language, under consumer fairness legislation, the level of an unarranged overdraft charge can't be challenged to see if it's fair or not.
What happens next?
While the Supreme Court judgment was a win for the banks, we acknowledge the concerns some of our customers have with these charges. We'll work with the Financial Services Authority (FSA) to ensure the outstanding customer complaints are brought to a swift conclusion. We'll also continue to work with the Office of Fair Trading (OFT) to agree a positive way forward.
What does this mean for customers who have complaints about unarranged overdrafts on hold?
During the test case, we agreed with the FSA and the Financial Ombudsman Service (FOS) that customer complaints relating to unarranged overdraft charges would remain on hold. As the judgment concludes the test case, the FSA has agreed that these complaints should no longer remain on hold. This means that for those customers who currently have an outstanding complaint about unarranged overdrafts, we'll be writing to them shortly to let them know what today's judgment means for them. We are asking the County and Sheriff Courts to apply the Supreme Court judgment to dismiss any claims they currently have on hold.
What will happen to new customer complaints about unarranged overdraft charges?
As this judgment concludes the test case, the FSA has agreed that the waiver on bank charges complaint handling should be lifted. This means we'll handle complaints through our standard process. We'll continue to treat customers sympathetically who are vulnerable and in financial hardship.
Can I complain to the Financial Ombudsman Service (FOS) about my unarranged overdraft charges?
Yes. Where a customer's complaint isn't accepted by a bank, the customer has the right to take their complaint to the FOS.
Where can I find more information?
You can contact:
Lloyds TSB by calling 0845 3 000 000
Halifax/Bank of Scotland by calling 08457 20 30 40
Intelligent Finance by calling 0845 609 4343
Or you can find out more at the following websites:
The Financial Services Authority:
The Office of Fair Trading:
The Financial Ombudsman Service:
Note: When the FSA/OFT/FOS refer to "unauthorised overdraft charges", they are referring to what we generally refer to as bank charges, overdraft charges or unarranged bank charges.
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