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Bad News For Banks And Borrowers

Cliff D'Arcy

By

Cliff D'Arcy

From the Fool blog

Christmas comes early for Centrica investors

Published in Your Money on 28 May 2008

British banks have blown up billions in the credit crunch. However, customers are set to suffer even more for two different reasons.

Over the past year, life has become much harder for British banks. Their troubles began last spring, when investments in American subprime mortgages began to turn sour. Since then, banks across the globe have lost hundreds of billions of dollars as these risky home loans blew up. Even worse, credit problems are expanding, as bad debts leap on US credit cards and car loans.

What's more, thanks to two ongoing enquiries by financial watchdogs, British banks are under the cosh. They stand to lose further billions if these two rulings go against them:

1.    Payment protection insurance (PPI)

After working in the PPI market for eleven years, I escaped and went on to become its biggest whistle-blower. Indeed, in 5½ years of writing for the Fool, I have criticised payment protection insurance on hundreds of occasions. For example, in The Greatest Rip-Off Rolls On, I warned that this accident, sickness and unemployment cover is hugely overpriced, widely mis-sold and poorly designed.

The Financial Services Authority (FSA) has fined ten different lenders for mis-selling PPI. Its most recent target was furniture retailer Land of Leather, which coughed up £210,000 earlier this month for failing to sell PPI fairly. In total, the fines levied on PPI offenders total more than £3 million. Alas, this is a drop in the ocean, as PPI providers trouser perhaps £5 billion a year from flogging this rubbish. Thus, a fine of £20 million would make only a tiny dent in a big bank's PPI profits.

Nevertheless, Britain's biggest banks nervously await the outcome of the Competition Commission's inquiry into loan insurance and other PPI. Thanks to an unfair and anti-competitive market, lenders have banked massive profits from the sale of PPI. Hence, it is highly likely that the Commission will impose sanctions against the banks when it announces its provisional findings next month.

If this ruling goes against the banks, then they stand to lose perhaps £2 billion a year from reduced PPI profits. We know that lenders have subsidised cheap personal loans by overcharging for PPI. Therefore, a ban, price cap or other selling restrictions will immediately lead to increased loan interest rates. Another option would be introduce or increase loan arrangement fees, as has already happened in the mortgage market.

As a result, personal loans rates will rise for all borrowers, whether or not they choose to buy PPI. We just can't win, can we?

2.    Overdraft charges

The other big case hanging over the banks is the Office of Fair Trading's court action against unfair bank charges. Banks impose huge penalties on customers who slip into the red (go overdrawn) without prior permission. Typically, these fines amounts to £25 to £40 per offence, including rejecting a cheque, direct debit or standing order. For more information, read Reclaim Your Bank And Card Charges.

Last year, banks paid out hundreds of millions of pounds to customers who went to court in order to reclaim these unlawful charges. However, subsequent court cases are now on hold pending the outcome of the OFT's court battle against the banks. A decent outcome for consumers would be if the OFT imposed a cap on these charges, similar to the £12 guideline adopted by credit-card issuers.

As a former banker, I know that the true cost of administering unauthorised overdrafts is a few pounds per slip-up, not several tenners. Consequently, I remain confident that the OFT will win through for consumers. However, this legal battle is likely to continue into 2009 and, if the banks appeal, could run on into 2010 and beyond.  So, whatever happens, we're in for a long wait.

Unfortunately, a win by the OFT might turn out to be a poisoned chalice. By my reckoning, British banks make roughly £300 million a month from these extortionate overdraft charges. Losing, say, half of this income would cost banks around £1.8 billion a year. In order to make good this loss, the banks would undoubtedly raise current account charges elsewhere. For example, introducing a £5-a-month fee on the UK's forty million current accounts would raise £2.4 billion a year.

In summary, whatever the outcome of these inquiries, there will be winners and losers. Furthermore, Britain's banks will fight tooth and nail in order to continue to make sky-high profits. Yet again, customers will end up losers in our never-ending battle against the banks!

More: Get Best Buy PPI from British Insurance  | Personal Loans Are Getting Pricier | How Generous Is Your Bank Account?

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Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool. If you spot any comments that are unsuitable hit the flag to alert our moderators.

grahamgmc 29 May 2008, 8:17am

Poisoned chalice indeed. The short termism of a few will hurt all of us in the long term. Thanks.

5753225 29 May 2008, 8:28am

It's not that Banks shouldn't charge for irregualar overdrafts, it's not that Banks shouldn't make a profit from irregular overdrafts, the problem is that Banks have been ripping the arse out of it. If their charges were proportionate then that's fair enough, but when, in hte case of small overdrafts, their charges equate to interest rates above 1000% pa it is right to accuse them of usury.
In the modern paradise in which we live, we are being governed by machines (didn't the science fiction writers warn us of this?). If we go 1p overdrawn we get charged 10s of pounds, if our vehicle's speed touches 31 mph becuase of a dip in the road speeds us up for a couple seconds, we get fined... all because the camera and the computer have no sense of proportion.

laalaa41 29 May 2008, 9:08am

Banks and in fact all businesses will have to remain competitive in order to have any customers without whom, they wouldn't have a business at all! They all seem to have forgotten this little detail (we won't though) - that it's ordinary working people they've been shafting. The glory days of ridiculous profiteering and usury are numbered.

Dependance on computerisation has, I agree, a lot to answer for. Bank charges were once applied, or not, depending on circumstances but robots can't differentiate! There's a reason OFT and CAB are inundated - organisations' have been unethical in their "profits before people" mindset - and THIS has caused the so-called "credit crunch". I predict a new breed of service provider/financial institution with an eye on the bigger picture will rise from the ashes and these sods can all go to the blinking wall!

grahamgmc 29 May 2008, 9:11am

Surely it is personal responsability. You get fined for speeding becasue you have broken the law. You should know the penalties the moment you turn the key in the ignition. Likewise if you go overdrawn. If you manage your finances in a responsible way then you should not get fined for going overdrawn.

DMM77 29 May 2008, 9:13am

I was mis-sold a meaningless PPI policy by HBSC which refused to pay out when I needed it. It was a terrifying time, that I thought I had covered. I think it is the "free" banking in this country which causes banks to play such tricks. I would certainly be in favour of a small, transparent monthly charge if it meant that such dreadful practices were stopped. There again, how can banks justify the huge profits they generate?

I also think they should be able to charge reasonable unauthorized overdraft fees. If I was a poor person (with no bank acccount) who needed to do this, I would get done for shoplifting or something. It IS stealing. Like taking someone's money without asking. Just because they have got loads doesn't make it right.

And it doesn't make it right for them to take our money unjustly, just because they can.

Karada 29 May 2008, 10:28am

Well it seems Barclays have fired the first shot. They obviously realise the case with the OFT is all but lost, so they are restructuring charges from August and stopping the charges on charges! Alliance & Leicester are major culprits in this area. Recently my wife had a Direct Debit coming out of her account on a Monday. She got paid on the Saturday and went in and deposited cash into her branch 11 minutes after it opened on the Monday. The Direct Debit had already been taken before the start of business so she was overdrawn for a few minutes. The charge overdrw her account by £3 and they applied a £25 charge. She complained and they grudgingly agreed to refund the £25 charge which the did a week later. However she was charged £5 a day for the 7 days it took to refund and they refused to refund those charges. £35 to A+L
In fact one has to be very wary of A+L. Their recent high interest offerings have to be tempered with the charges. If you put £1000 for a year into their 8.5% offering you get £85 in interest but they charge you £120 to have the account. Not a very good return!

gordonbanks42 29 May 2008, 11:35am

The camera and the computer (especially a camera linked to a computer) could be given a rather good sense of proportion, but it's unlikely that the man on the Clapham omnibus would find the results any more acceptable that the one-size-fits all penalty systems we're so fond of at the moment.
For example, the amount of damage a car can do by colliding with person or property is roughly proportional to is kinetic energy (which is the square of its speed), so why not have speeding fines which vary in that way? The reason banks hate people taking unauthorised overdrafts is that it mucks up their overnight cash requirement calculations (which are based on statistical models, plus certain assumptions). Why not have unauthorised overdraft charges based on how much the infraction stands to muck up the calculations - ie how big the unauthorised overdraft was and how long it lasted?
Of course the clue is in the question - the basis for the calculation would be beyond the knowledge and/or understanding of most of the people paying the charges, so many people would no doubt still feel that someone was swindling them somehow.
These charging structures don't just come about "because the banks say so". They come about because the banks carefully watch how their clients actually behave and adjust their charging structures so that most of their income is derived from kinds of charges to which their customers seem to be least sensitive.
Same goes for the relationship between unsecured loan rates and PPI profits, and between headline mortgage interest rates and mortgage "arrangement fees".
If enough people insist on everything having to be be all right in the end despite not bothering to read the small print, the tendency is that we all end up being treated like morons.
Be careful what you ask for...

tux222 29 May 2008, 12:07pm

My point of view is really simple: (retail) banks should be strictly regulated, and only permitted to charge per transaction what the transaction costs (plus a reasonable percentage profit). This would mean a computer-generated letter should not cost more than a pound, and unauthorized overdrafts would only get expensive when they start requiring significant (and reasonable) human activity at the bank should the customer ignore the computer-issued letter. Charging £30, or even £12, for a computer letter saying that one has dipped a few pounds into the red at the end of a month is a rip-off, now revealed to be an illegal one.

Transaction-based charging would also mean paying some tens of pennies for every withdrawal - which I'd be happy to do, if in turn I was paid base rate or better on my balance. I doubt that the banks would be happy with this, though!

ruisliprabbitt 29 May 2008, 1:17pm

Overdraft charges are only incurred by people who steal from their bank.

They overdraw their account with no previously agreed limit in place or go over that limit.

Any debit to an account is made at the request of the customer. Any error will be corrected immediately.

QED

We do not need yet more legislation, and we certainly do not need anyone being told how to run their business.

Finally, remember that your pension scheme invests heavily in bank shares.

ntns 29 May 2008, 7:58pm

One problem as I see it, due to successive government’s insatiable desire to track everyone in their daily life & financial affairs/transactions. Most of us have been forced into having to have a bank account because salaries for example are no longer paid in cash, if you happen to be self employed your clients will only pay you via bacs or a cheque for which you need a bank account. Call me cynical but I think its more about tracking than catching tax avoiders and money launderers.
Heaven knows what other charges the banks will have to make when legislation finally arrives forcing the banks to process cheques credited to your account the same day they are paid in, instead of the 3 to 5 working days at present.
To conclude, I think the banks will always dictate the charges and rules they will always be able to circumvent any legislation because they have the dosh to do so, consider this who always pays for any losses that banks incur? could you survive without a bank account? it's a bit like trying to survive without a mobile phone, I tried it once and my customers were not happy.
I had to eat humble pie.

hungary 29 May 2008, 11:46pm

I have no sympathy for banks.Many years I discovered how they worked. In Holland state benefits are paid through banks on the same date, yet when they clear into customers' accounts varies between 2-14 days later!At the time I raised this with several banks, suggesting they were earning interest on money that wasn't theirs and depriving the rightful recipients of their money. I was laughed at. No Motley Fool in Holland back in the 1980's. Now I know I was right to be suspicious.

dprodr 30 May 2008, 12:02pm

The modern banking system is based on a system of Usury, and serves no other purpose but to line the pockets of the money lenders and exploit and impoverish the rest. Once that is understood, the rest falls into place.

The Fractional Reserve system which modern banking is based on permits banks to loan out around 10 times (I think) what they have on deposit. For example, if I deposit £100 in HSBC, it is now permitted to loan out £1000 to someone else. Where does this money come from?

Therefore, charging monthly fees for a Current Account, when the bank is already making 10-20 times what it pays you in interest is in my mind nothing less than legalised theft.

I don't agree with anyone who says it's ok for banks to charge extortionate fees simply because that's what the rules say. If the rules said that one must sell one's child into slavery to pay off a debt, would that be ok too???

Banks and financial institutions have become far too powerful, as they literally own and control almost everything - even government finance. Did you know that the Bank Of England is a privately owned institution? When the government needs more money it approaches the Bank of England, who magically create a loan for the desired amount. Interest is then charged on this loan, and is repayed through the tax system, i.e. you and I.

The borrowing binge of successive governments have served to increase our tax liability, enslave us further to the banking system, and line the pockets of banks.

Good article by the way.

billparker325 30 May 2008, 3:18pm

I have never had a penalty charged, because I try to manage my accounts sensibly.
Anyone who goes into unauthorised overdraft is effectively stealing from the bank.
I object to the possibility that to maintain their profits, the banks will charge an administration fee on all accounts. Why should I have to pay for other peoples incompetence in managing their money and accounts.

laalaa41 17 Jun 2008, 9:37am

For those who write here that over-drawing on one's account without "permission" is stealing - remember that it is not always the fault of the customer - there may have been no intent to steal per se. Personally, when three direct debits were taken 3 days early sending my account £10 into overdraft the day before I was paid - the bank took hundreds of pounds in charges despite the direct debit guarantee and have still, so far, refused to deal with it. When the problem became apparent, I asked the bank to give me a temporary overdraft of £10 for two days but they refused - now THAT was theft!

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