Iligal bank charges in the UK

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May 14, 2002
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I heard a lot of people in the UK are suing there banks because of the money the bank charges of them when you go over your overdraft for example.

Are penalty charges bank robbery?

Banks are making billions of pounds each year from penalty charges. But now the legality of these charges - which cost their customers an average of £30 a time - is being called into question and thousands of customers want their money back.

We have investigated why some campaigners claim penalty charges are illegal and what the banks and their regulators are doing about it.

Last year the top six High Street banks in the UK made an estimated £4.5bn from penalty charges. These are charges that are incurred for unauthorized overdrafts, bounced cheques and clearing Direct Debits when there are insufficient funds in the account.

The Campaigner

Stephen Hone is a young father of three and a law student based in Plymouth. When Stephen's bank, Abbey, removed £64 from his account for two £32 penalty charges he called his branch and asked them to pay it back.

"I was livid, I was really annoyed that they refused to give me the money back, the banks are always trying to say they're sympathetic," says Mr Hone. His bank pointed out that these charges were fair and within the terms and conditions of his contract. Mr Hone, however, believed those terms and conditions were unfair and therefore illegal.

Abbey offered to refund one of his charges.

The Legal Position

Stephen argued that under the Unfair Terms in Consumer Contracts Regulations (1999) all penalty charges have to truly reflect the cost of administering them.

They are not permitted to be a profit-making enterprise for any business. He believes if a penalty charge is higher than its administrative cost, it is illegal.

Stephen called Abbey again and threatened it with court action if it didn't refund both of his charges. Furthermore he told the bank he would reclaim all the charges he had incurred over the previous six years if it did not reconsider.

The bank declined the offer and said it would defend its policy in court.

So Stephen went through his bank statements from the past six years (the legal maximum period of time that money can be reclaimed in the UK) and filed a claim at the small claims court.

Shortly after filing his claim, Abbey paid Stephen back £840. Stephen used some of this money to set up a website that advises others how to reclaim their bank charges.

The Banks

The key point in this case is that none of the banks want to reveal their true administrative cost for penalty charges.

We asked Joe Garner, of HSBC, what it costs his bank to process a charge.

"You'll understand that I won't go into specific details of individual costs", said Mr Garner.

We then asked him to give us a rough cost of these charges to which he replied: "again it's very, very difficult to assign costs to specific aspects of the customer relationship. It's very, very hard to attribute a specific price tag to each aspect of that and that's why fundamentally we don't agree to looking at one specific charge".

After asking all the big banks the same questions, without getting an answer, we decided to find out for ourselves with our own Money Programme "Bank Commission".

We asked two professors of banking and a former NatWest executive to estimate the banks' costs.

The highest figure they concluded that banks could justify was £4.50 - much lower than what the banks currently charge.

HSBC also told us it settles customer claims for refunds before cases are heard in court.

We are unaware of any bank opting to defend its charges in a court.

Kieron Beal, a barrister from Matrix chambers, told us: "It's odd that they've not chosen to fight a case to date. It suggests that they are finding it difficult to justify the charges that they impose upon their customers".

He believes that if a bank did go to court it would lose.

And Nick White, head of personal finance at price comparison site Uswitch.com, says that if a bank did lose a case there would be huge publicity around the issue that would alert many more consumers to the fact they could challenge the banks. It would make it much harder for the banks to defend their charges.

The regulators

The Office of Fair Trading has already forced banks to reduce their penalty charges for credit cards to a maximum £12, and it has now opened an investigation to establish what the real costs of current account penalty charges are.

The Bovingdon factor

The Money Programme went to Bovingdon - a typical English village - to find people that had also been affected by the banks' charges and to see if Stephen Hone's advice on how to claim back these charges really worked.

Jemma Miozga, a mother of one who works in a garden centre, had been charged up to £39 each time she exceeded the overdraft limit agreed with her bank, Halifax.

"The banks, I think are putting these charges on to make a profit, no-one would agree with the charges," she says.

"They are there for the banks to make a profit and it's not fair. I just thought it was what banks did. So, I was astonished when Stephen said [the charges] were illegal."

Mickey Boulton, a self-employed builder was frustrated with his bank over the amount it had charged him. "We've got in six months just under a £1,000 worth of charges. They've had a lot of money out of us, and I want it back."

As a result of Stephen's advice, Jemma successfully claimed back just under £5,000, while Mickey was offered £600, which he has accepted.

While the country waits in anticipation for the outcome of the Office of Fair Trading's inquiry, is it time to reclaim your charges?

If you think you have been a victim of what some are calling Bank Robbery, why not follow our step-by-step guide to reclaiming your bank charges, which includes letter templates to send to your bank?
 
May 14, 2002
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#2
Customers see red over the scandal of illegal charges

By David Prosser, Personal Finance Editor
Published: 20 February 2007

Britain's biggest banks are facing an unprecedented people's revolt as millions of ordinary customers prepare to claim back illegal charges.

Internet-based campaigners plan to use the annual bank profits reporting season, which takes place over the next fortnight, to trigger a massive round of complaints about unauthorised overdraft charges.

Martin Lewis, the founder of the campaigning internet site Moneysavingexpert.com, said: "For years, all the high street banks have routinely ripped off millions of customers and now they are going to pay the penalty."

Thousands of customers have already won compensation since an Office of Fair Trading ruling last April, which caused panic among leading banks. The OFT said penalty charges in the credit card industry were illegal and warned it would investigate almost identical fees levied by banks. The regulator is expected to announce its verdict within weeks.

Last night, however, consumer groups said there was no need for customers to wait for the OFT's ruling.

Helen Ainsworth, of the consumer group Which?, said: "We believe bank customers paid £4.7bn in unauthorised overdraft charges last year alone - many have already claimed back some or all of this money, with awards ranging from £70 to thousands of pounds."

Mr Lewis predicted the next two weeks would represent a watershed for customers who felt furious about bank charges. He said: "These banks are set to announce they are making billions of pounds of profits and there are many angry people out there who are now realising that it is remarkably easy to claim back unfair charges."

Barclays Bank, the first large high street bank to announce its results for the past year, is expected to reveal today it made about £7bn of profits in 2006. Banking experts believe that once all Barclays' rivals have declared their results for the year, the industry's total profits will be close to £40bn.

Ms Ainsworth said it was not possible to say exactly what proportion of those returns was accounted for by the £4.7bn in revenue raised from unauthorised overdraft charges, because the banks had repeatedly refused to open up their books. But she said: "It is clear a very large proportion of this figure is profit because it costs very little to send a customer a letter about their unauthorised borrowing."

Bank customers are entitled to claim refunds because under British law, lenders are not allowed to charge more than the costs they have actually incurred when processing instances of unauthorised borrowing.

While they may ask customers to pay the cost of issuing standard letters or computer processing time, say, they cannot legally make a profit on the transaction.

However, leading banks routinely charge up to £35 each time customers exceed overdraft limits. Similar fees are charged for bounced cheques or honouring payments for which customers do not have sufficient funds.

In its credit card ruling last year, the OFT said an unauthorised borrowing fee of more than £12 was almost certain to be illegal. All four of the biggest banks - Barclays, HSBC, LloydsTSB and NatWest - have overdraft charges well above that level, as do most rivals.

Publicly, the banking industry has consistently insisted that penalty charges do not break the law.

Angela Knight, chief executive of the British Bankers Association, said: "Fees are fair and transparent; the banks make it very clear to customers when they open their accounts that there are fees that they will pay in certain circumstances."

Ms Knight also rejected consumer groups' accusations that banks were profiting from the late payment fees. "These are fees charged in return for a service," she said. "The fees reflect the work involved for the banks."

In private, however, the banks have settled almost all complaints about bank charges, or been forced to do so by challenges in the small claims court.

In some cases, banks have refunded charges in full as soon as customers have complained about them. In others, customers have had to send several letters in order to secure a refund, or even to issue proceedings in the small claims court.

However, in every single case filed, customers challenging unauthorised borrowing fees have eventually won at least a partial refund.

A spokeswoman for the Financial Ombudsman Service (FOS), an independent complaints system that arbitrates in disputes between customers and financial services companies, said it was intervening in more cases related to bank charges.

The service now receives 1,000 inquiries every day on the issue and processes 150 formal cases each week. In every case in which it has become involved, the bank in question has refunded charges in full before a formal judgment has been issued.

Last night, the FOS also warned banks that they were not entitled to close the accounts of customers who complained, as some have attempted to do.

'We were paying £150 a week' - Michelle Atkins, support counsellor

Michelle Atkins had always assumed she had no choice but to wave goodbye to thousands of pounds three banks had taken from her in the form of unauthorised overdraft fees and borrowing charges.

Ms Atkins, from Derby, now works as a breastfeeding support counsellor, but had spent much of the past five years trying to keep a small business afloat. "It was hugely stressful - we just wanted to hide away," she said. "It got to the stage where we were paying £150 a week in bank charges and we dreaded seeing the postman."

Six months ago, some time after getting back on track with her finances, Ms Atkins read an internet article about people who had challenged the sort of charges she had been paying. She decided to write to three banks - Lloyds TSB, MBNA and First Direct - asking for a refund of the fees.

"I followed the instructions I found on the Web and used the template letters," she explained. "It was actually a remarkably straightforward process."

MBNA and First Direct admitted they were in the wrong within weeks and refunded Ms Atkins £500 and £400 respectively. Lloyds TSB, however, was slower to respond, ignoring her first letters and then issuing a standard reply to subsequent requests.

"After three months, I decided to commence proceedings in the Small Claims Court. All the information I needed was on the internet and in the event, Lloyds was so slow to respond to my claim that judgment was awarded against them."

Shortly after, she received a cheque for £2,200 from the bank.

How to beat the banks' unfair overdraft charges

* The best way to avoid penalty charges is not to exceed your agreed overdraft limit. However, if you find yourself in financial difficulties, talk to your current account provider as soon as possible. Banks now have a statutory responsibility to help customers avoid debt problems. The earlier you discuss the problem, the more likely you are to get a sympathetic hearing.

* If you have already paid unauthorised overdraft charges, you are likely to have a claim for compensation. You can claim charges going back six years, so the first step is to ask your bank for a list of charges over this period. It has to respond within 40 days, though it may charge you up to £10 for doing so.

* Once you've identified all unauthorised borrowing charges, write to the bank to say you are unhappy with the way you've been treated. Request a refund of the charges, with interest.

* Give the bank a reasonable time to respond - a month, say. If you do not receive compensation at this stage, write a second letter, restating your complaint and warning that you will take legal action if the matter is not resolved within a set time limit.

* The final step is to take your bank to the small claims court. Each claim costs about £80, a fee that is refundable if you win your case. The court's website (www.hmcourts-service.gov.uk) explains how to make a claim and provides all the forms you need.

* If you prefer, the Financial Ombudsman Service (at www.financial-ombudsman.org.uk) offers an independent complaints service that has so far ruled in favour of every customer challenging overdraft charges. This process may take longer than the small claims court, but is completely free of charge.

* Both Moneysaving expert.com and Which? publish a range of template letters and claims forms on their websites that you can download.