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Another Six Months In Limbo!

Cliff D'Arcy

By

Cliff D'Arcy

From the Fool blog

Turbulent markets

Published in Current Accounts on 21 July 2008

More bad news for bank customers, as the City watchdog agrees to a six-month freeze on complaints about bank charges. Shame!

As you may be aware, millions of bank customers are unhappy with the charges levied on unauthorised overdrafts. If your current account becomes overdrawn without prior approval, or you exceed your overdraft limit without permission, then you can expect to pay hefty fines. In some cases, these can be the thick end of £40 per slip-up. Ouch!

However, last year, the Office of Fair Trading (OFT) decided to ride to the rescue of bank customers by taking legal action against eight banks and building societies. The OFT believes that these sky-high charges are punitive and unfair, which makes them illegal under the Unfair Terms in Consumer Contracts Regulations 1999.

The bad news is that this court case could go on for years, which means that we may not see a final outcome until, say, 2010. Last year, as thousands of bank-charges cases threatened to flood British courts, City watchdog the Financial Services Authority (FSA) decided to act. It imposed a twelve-month freeze on complaints concerning bank charges being heard by the courts or the Financial Ombudsman Service (FOS).

Another six-month freeze

Alas, the bad news for bank customers is that the FSA has agreed to a six-month extension to the waiver it granted a year ago. In other words, banks are off the hook and will not have to deal with these complaints until 2009 at the earliest. Thus, short-changed customers are once again prevented from taking formal action to recover disputed bank charges.

To me, this seems utterly unfair. I can understand why the regulator has decided to freeze complaints and refunds until the outcome of the court case concerning bank charges is known. However, this halt only affects customers, not the banks themselves. Indeed, they are free to continue charging these rip-off fees, making £300 million a month in the process!

So, while the legality of bank charges is being questioned, why are banks allowed to continue charging such ridiculous sums, yet customers are prevented from fighting back? Surely, the only fair thing to do would be to suspend all transactions involving bank charges until Mr Justice Andrew Smith issues his ruling?

Another failure by the FSA

Once again, it appears that financial regulators are far more interested in supporting banks and keeping things as they are, rather than in strengthening consumer protection. Indeed, with the next round of High Court hearings due to begin later this year, and appeals likely to continue well into 2009, it’s 100% certain that the FSA will grant the banks further stays of execution.

Hence, I expect to see news of another extension to the bank-charges waiver in six months’ time (mid-January 2009). Meanwhile, the banks will continue to rake in £10 million a day from these extortionate charges, and the worst-hit borrowers will face default notices and debt-collecting agencies.

Finally, if you’re fed up with your bank, then don’t just sit back and be a victim. Vote with your feet by switching to a Best Buy current account which charges sensible overdraft fees and interest rates. Thanks to an improved Banking Code, it’s never been easier to ditch and switch!

More: Find cracking current accounts today! | It’s Official: British Banks Are Bad | Fight Back Against Unfair Fines |  Big Blow For Bank Charges Victims

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Comments

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Dhahran2001 22 Jul 2008, 8:09am

Quote. Once again, it appears that financial regulators are far more interested in supporting banks and keeping things as they are, rather than in strengthening consumer protection.

This rather begs the question: Would protected consumers be happier when all the banks have been driven to fail? Perhaps hundreds would and probably millions would not.

Better perhaps to educate bank customers to arrange an overdraft BEFORE they need to use it, then going overdrawn will be authorised. Banks are useful, we would not be better off without them.

laalaa41 22 Jul 2008, 8:27am

I disagree with everthing Dhahran2001 writes. Yes we can survive if any service provider goes to the wall due to sharp practice. Institutions, like any business would do well to recognise that they wouldnt exist without customers!
Personally, I never needed an overdraft - for 6 years - because I always had money left at the end of the month and all my debits organised properly. Till THREE organisations messed up which would have put me in the red by £10. I was ill in the two days it took for the bank to bounce everything so I hadnt been near a PC to check my account online and no-one from the bank bothered to contact me about this obvious disaster where they had done so before.
They stole over £500 from me, queered my pitch with every service provider I had and continued to act abominably toward me throughout the next 6 months.
THIS type of situation is why banks have some discretion on these charges. They can arbitrarily decide to screw you into the ground through no fault of your own ... or not!
Ordinary people who have to pay the piper need to be protected against crooks and idiots - this is also when I discovered that the Direct Debit guarantee is absolutely useless.

vanners 22 Jul 2008, 8:57am

The FSA are a disgrace allowing the banks to continue to charge disproportinatly for their services. The banks by repaying charges to some individuals prior to the FSA getting involved have admitted that their charges are unjustified & therefore should repay these charges without the need individuals having to wait for a judical ruling. The whole thing stinks, like most things in this country!

victimjim 22 Jul 2008, 9:27am

Hi. Would it not be possible to petition our collective MP's through your kind resources, (crawl crawl) to force the banks to suspend all charges until the outcome of any enquiry is completed ?

Futurefix 22 Jul 2008, 10:15am

It is time unauthorised overdrafts or the use of a facility without agreement was treated as fraud or attempted fraud committed by the customer. If you are managing your bank account, as you should as it is your responsibility not the bank's, accidental overdrafts are not possible.

Why should the bank make an assumption that your future cash inflow is secure?

If you want a loan, then the bank has a product for you but by prior arrangement. After all, that would show that you are on top of your affairs.

I hope most people would prefer strong banks to ones weakened by failing customers.

MIKE770 22 Jul 2008, 10:22am

WHY NOT LEGISLATION THAT IF PROVEN BANKS (AS WE KNOW ARE FLEECING CUSTOMERS) AND THEIR SHAREHOLDERS HAVE TO COMPENSATE CUSTOMERS OUT OF THEIR OWN POCKETS, AS THEY HAVE POCKETED THE CUSTOMERS MONEY.?

shastra 22 Jul 2008, 10:33am

What world does Futurefix live in?
What happens when your salary is not paid in on the day it's supposed to.. because of an error by your employer? What about being taken to hospital - erm or all unplanned events. Are you even human Futurefix. Sometimes things are not as 'simple' as balancing your account!!!
I have not found bank sympathetic at all and have received all my money back from 4 banks due to over-charging. I'm working on doing the same for everyone I know!

Futurefix 22 Jul 2008, 10:50am

Shastra hasn't answered my question 'why should the bank make an assumption that your future cash inflow is secure'.

Banks are not a social service which you can tap into.

If you think retail charges are excessive, try corporate finance. That will really take your breath away.

ss770640 22 Jul 2008, 10:58am

like i said i a previous story about the ombudsman, the FSA and ombudsman are toothless dogs. scared to enforce anything, and impotent. take the banks straught to small claims court. you dont need a lawyer and costs £50.

joesop90 22 Jul 2008, 12:24pm

You can get your "own" money from supermarkets...cash backs.Why can't we put money into our banks through check out points?
There are far too many Bank Branches when Building Societies where aloud to act as Banks!
Close half of these...most are not needed !Internet banking ?

goldpaw 22 Jul 2008, 12:35pm

I agree that OFT should question whether the currect high charges for unnapproved overdrafts etc, and the exorbitant cost of the bank issuing letters. Bank charges should reflect the actual costs.

However, customers should (and can) make sure that their own monetary houses are in order. If you write a check in France on a French bank account, and do not have sufficient funds in your account to meet it, or any standing orders on your a/c, you are in big doo doo. Huge in fact. The bank will close your account immediately and virtually refuse to deal with you. Try to open another account with a different bank and you will be met with all the charm of a Parisian waiter. You bet that this approach by the banks makes sure that their customers control their bank accounts properly otherwise a 'guilty party' (and that is what they are) is in fimancial limbo-land.

In Britian we can alway find someone elso to blame for our own mismanagement.

TheImp 22 Jul 2008, 12:44pm

We all make mistakes occasionally (or those of us who are human do) and I don't mind paying for my mistakes but I DO mind paying through the nose. I also think it morally reprehensible for banks to "trap" less canny/low income customers into paying often disproportionally high charges.

Yes, a strong banking sector is the cornerstone of a steady economy but the banks have been behaving like pigs with their noses in the trough. Strong does not mean stiffing their customer base for often minor errors when that same customer base is being made to pay for the banks fiscal incontinence on a grand scale which has led to the current situation some banks now find themseleves in.

Futurefix 22 Jul 2008, 2:08pm

May I draw attention to the huge (£billions) of pure equity being raised by banks to repair their balance sheets and prop up their businesses. That is risk capital all of which can be lost by investors.

We are lucky that there is enough capacity and willingness in present circumstances amongst investors to do that.

The banks may have been less than prudent in their lending in the recent past. But delinquent customers have paid their part in creating the need for refinancing on a grand scale.

ruisliprabbitt 22 Jul 2008, 4:44pm

A quick note to tell Mr Cliff "ever so cunning" D'arcy that I'm watching. [He'll probably be quite smug now with all the comments his post is prompting].

I won't be commenting much because if I did it would not be to the liking of Cliff, TMF generally or most of you on here because I would be telling you the facts, in a similar way to Dhahran, futurefix and goldpaw.

And you don't want that do you? You would rather stick your heads in the sand and wait for the Knight on his white charger (FSA / OFT etc) to come to your rescue. But sorry folks we're out of white chargers and saints these days. Stop behaving like children and learn to be responsible for your own actions. Take heed when the bank sends you a current account tariff which says "issue a cheque with insufficient funds on your account to meet it and we'll bounce it and charge you ?30" (it's a deterrent by the way and bears (and should not necessarily bear) no relation to any actual or perceived bank costs in the matter).

Why are you so surprised when you see the ?30 charge on your statement?

If you are having problems balancing the account take a leaf out of Alvin Hall's book and take out a pro rata amount of your residual salary (after DDs / SOs etc) each week in cash to spend. This is not meant to be pompous, its meant to be helpful.

RR

PS: Cliff - plenty more articles for you to write on this story then if at least 18 months to run!

DeafEars 22 Jul 2008, 4:58pm

Hi All

I managed to run a bank account from the time one had to pay for each cheque issued. However, I knew this when I opened the bank account for my salary to be paid into – as required by my employer.

Never in all that time have I been charged for succeeding in withdrawing more than I have in my account. Most likely because I grew up with people that went through the WW2 and had to survive the austerity following that war. One might mention that it was a Labour government at that time.

Surely if one works outside the banking rules for running an account then it cannot be deserving of an accolade? Why is it necessary to have everything TODAY. Try saving a little each month so that you do not exceed you salary. I managed to work that way for all my adult life and maybe I did miss a few things like a packet of fags over the weekend before I was solvent once again.

I am surprised at Cliff, while he writes such admirable articles on the pernicious PPI or other such scams foisted on the unsuspecting public. I fail completely to follow his exasperating rant in support of those that exceed the amount that they have deposited in their account and therefore cause problems for their bank and deservedly should pay the severe charges for their thoughtless behaviour. All it requires is to take a sensible approach to their bank account and to realise that should they exceed what they have then it is not their right to go beyond what they own without permission from their bank.

A bank will only insist that there is no extension unless there has been a period when one goes into the “red” and should generally have known it would occur and could have requested an overdraft. This has become such a believed “I know my rights” by those who exceed their rights so often that it becomes and expectation and not their fault.

Perhaps I should sue the bank for all the non overdraft situations I have avoided and therefore not been charged. Should virtue not be its own reward as I have not paid anything for my bank account since the duty on cheques has been abolished and therefore wrong use of a bank account result in one rewarding their bank for allowing them exceed their limits.

Sorry to step on some toes but that is the generation to which I belong.
DE

flyboy80 22 Jul 2008, 5:01pm

OMG, some people actually believe their own cow dung !!! - People should be held accountable for their own actions? True that's why the banks have paid back over 100 million to ordinary people who took them to court in the first place to reclaim their banks charges.

If the banks were sooooo right, why not hold out paying anyone at all? Maybe because they thought "hold on" we may be taking the michael and we might lose.

It took a corporate decision and some nervous calls between them to stump up the courage, plus a little prodding by the OFT to say ok let's go to court. Guess what they lost there as well!!!
Now I got some guys telling me how righteous the banks are? Do me a favour! I am soooo sorry that your banks shares are plummeting, but you only have yourselves to blame.
Remember shares values can go down as well as up.
Or did you not read the small print?

Futurefix 22 Jul 2008, 6:03pm

I think flyboy80 should consider the use of service providers other than high strret banks. They are not for everyone and you amy not like the terms and conditions.

Ask around, go to the CAB, or try a credit union for low charges and the mutuality you seek.

As for equity investing, I said nothing about my circumstances. I just made the point
that the supply of investors for banks or any other company was not infinite and we are lucky that some are still there to support them during difficult times.

Do not take them for granted.

shastra 22 Jul 2008, 7:53pm

Futurefix - Banks don't make that assumption at all! On the contrary they act like the MAFIA in my experience.
Social service - WTF are you talking about! I paid a service charge for my bank account to have an up-graded service - I got screwed that's all.
And another thing... I've worked for 2 banks in the past "one where I reported them to an inhouse fraud & investigation for stealing from customers and in the process lost my job!"

simon1812 22 Jul 2008, 10:12pm

this must go to show that the banks are giving a back hand to the OFT or we would all have our money back and it just gos to show if you have money you can do what you want

1Dee 23 Jul 2008, 12:07am

To all those righteous people out there who seem to think that those of us who don't manage our accounts properly deserve all the bank charges we get they should try living in the real world. I have only ever gone into the red when a DD has been paid early. My budget is fairly tight so I need to know exactly what day things are going out of my account on. When a couple of DDs went out early on a couple of occasions incurring a £38 charge each time I was told that it was up to me to make sure that the company applying for the DD payment didn't do so early. When I tackled them about this they said they had to apply for the money a few days before the due date because it took 3-4 days to process. Why does it take that long when we live in the age of hi tech and I can deposit monies from one account to another instantly? They said they couldn't be held accountable for the DD taking less days than they assumed. So basically I was given the two fingers by both the company who insisted I pay for their service by DD and the bank who didn't seem at all interested other than to ensure that they took their charges before anything else which in turn left me short once again and so the story goes on.

As for a deterrent I was under the impression that bank charges were in direct relation to their admin costs. Not to serve as a punishment or deterrent. Why should I be punished for somebody else's actions. If it really is the case that I should ensure no DDs leave me account early then there should be the facility on my account to hold these payments up until the date they were set up to be taken from my account. Unfortunately the bank doesn't seem to be able to or interested in doing something about this. They say they have no control over DDs. They are applied for from an outside party. It seems to me that anybody who has the details of my account can dip into it when they feel like it and the bank cannot do anything about it apart from charge me exorbitant amounts of money for the privilege of depositing my heard earned money with them. If only I could be paid in cash and pay my bills that way too. I would close my account down tomorrow.

oceantreader 23 Jul 2008, 4:00am

Some of you guys seem to be missing the point here. It's not that the banks are wrong for charging for unauthorised overdrafts, but for how much they charge for them. Given that most of us cannot get paid unless we have a bank account, we cannot avoid the vagaries of the banking system. Most of the time this works in our favour. Who can argue against the convenience of ATMs, direct debits, internet banking debit cards etc? When it goes wrong, however, the banks incur a cost, and it is fair that they should pass this on to the person responsible. It should not (and the OFT agrees) be a disproportionate punitive charge. As this kind of problem is most likely to happen to those of us on lower pay, this amounts to a tax on the poor.
The banks can (and do) make a healthy profit without these charges. They should not be using bank 'fines' to compensate for their irresponsible lending practices.

Futurefix 23 Jul 2008, 10:36am

I do agree with 1Dee. There should be an intelligent system or software fix available on a customer's account to deal with the problem outlined. There is a need to smooth over the monthly cycle and the system could use the previous monthly pattern to forecast and facilitate that.

Ideally that would include a feature which recognised the security of future income.

There could be a simple code which indicated the customer was in employment on three months notice, for example.

It could well be productive if upset customers and regulatory authorities directed their efforts with the banks to that end.

The bank could then include the service in their declared terms and conditions and banking code of practice.

oceantreader could be helped by this too.

ruisliprabbitt 23 Jul 2008, 12:05pm

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
This will be my last ever post on TMF.
There has recently been a lot of coverage of the UK banks and a subsequent furore over what TMF considers to be unfair treatment of retail customers.
I have posted various comments from the opposite viewpoint and it seems that TMF has taken exception to my comments as I dared to disagree with them.
All my posts have been deleted because I also dared to complain about Cliff D’Arcy’s post calling me a SmartAlec.
Whatever you think of a SmartAlec (I’m not admitting to being one) he/ she usually has his facts right, maybe he puts those views across in way that others don’t like, but they are the facts and, I had thought, people would post back to me if they disagreed. TMF say many people complained about my posts – well I never saw any comeback – maybe it was just TMF employees themselves who did not like me disagreeing with them?
It goes to show that TMF do not believe in freedom of speech. You agree with TMF or your posts are not allowed to stand. I believe you could all do a lot better to take what TMF says with a big dose of salt and do your own research.
I have become disillusioned with this site and TMF actions have dissuaded me from continuing to help in providing a balanced discussion on a subject, which is what TMF say they want, when, if one does not agree with the majority of the population and TMF itself they merely delete your comments.
TMF – SHAME ON YOU.

panchax64 23 Jul 2008, 12:46pm

Having read the "SmartAlec"'s supposed useful (and totally one-sided) contribution to this thread I am compelled to comment. For someone who believes themselves to have the facts right and to be presenting an unbiased comment, where is your advice to those customers, and there are multitudes of them, who do take responsibility for their own actions and still get screwed by the banks and their charges.

We have little choice but to use bank accounts and are at the mercy of the service provided. To take an example, if I set up a standing order or direct debit I complete a form giving explicit instructions on how this is to be handled. I don't care about excuses for taking payment early and messing up my account, there aren't any excuses. If I specify a particular date I expect that date to be when funds are taken (with the exception of weekends where it is clearly understood that funds will be taken on the Friday before) not before and not after AND I certainly don't expect to be charged for the bank or other 3rd party's mistakes. In fact given that the banks think it appropriate to levy such high charges perhaps they should also be prepared to pay the same charges to customers whose accounts they mess up through no fault of the customer.

A friend recently set up a 12 month direct debit for £73.00 a month only to find that someone at the bank/3rd party had keyed in £730 instead.No one queried it. There was no reason to suspect this and the bank duly paid the direct debit and the 3rd party happily accepted the mony without question, while the person was away on holiday in the States. They returned to absolute bank account hell and who do you think is having to sort out the mess, who is making countless phone calls, who had their debit card cancelled, whose other direct debits were all refused. AND do you think either the bank or the 3rd party have offered anything in the way of compensation.....NO. If this friend were to levy charges on the bank/3rd party for this it would easily be several hundered pounds.

I totally agree that people have a responsibility to manage their own affairs and that where the services of the bank are being abused they have a right to levy an appropriate charge. But we must not forget that the banks are not whiter than white by any stretch of the imagination and that there are hundreds of thousands of people out there who do take full responsibility for their finances only to find themselves being abused by the banks and, if it's right for the banks to levy charges, it's also right for customers to expect something back for those times when the banks get it badly wrong. It's a two way street.

CunningCliff 28 Jul 2008, 5:04pm

ruisliprabbitt,

While I disagree with some of your views, and dislike your high-handed manner, I do believe that you have something to contribute to financial debate here on Fool.co.uk. So, don't let me scare you off from posting on these boards. That's the last thing I want, believe me.

All the best,

Cliff

givmemymoney 21 Aug 2008, 9:02pm

Good discussion on the bank charges. Firstly, we all know the banks are screwing us. If you can't accept this try having a strong black coffee to wake you up and then do your research.

Secondly, ask yourself this: If a bank makes a mistake i.e cancelling your card in error, embarrassing you in public when a card machine refuses you're attempt to pay for goods, wastes you're time in trying to sort it out, and then handsover x number of £'s over the counter from the WRONG account (one of you're three accounts held with the same bank)then should you not put a claim in to compensate you for the banks POOR MANAGEMENT?!!

They make millions in using our money deposited in to bank accounts by investing a large part of it. They can claim over 20% interest on the amount overdrawn but only pay us less than 10% on the money they borrow of us to invest!

They are tying ropes round the necks of thos e who are too poor to fight back whilst bleeding the weak dry!

Yes we have the convenience of withdrawing and spending our money better than we did when all we had were cheques decades ago but we have earned it! It hasn't come free.

See ya ta ra!

markymk 09 Oct 2008, 1:05pm

Maybe if the banks didnt pay their managers millions each year in bonuses we wouldn't be in this mess

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