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Bank charges: The banks have won!

Published 25 November 2009 in Get the best deal

Find out what the latest ruling in the bank charges battle means for you.

The Supreme Court (which till recently was the law court of the House of Lords) has overturned previous rulings on bank charges. This should have no effect on previous claimants, but it's a major setback for those waiting to claim.

The judges were only ruling on a technical point: whether the Office of Fair Trading (OFT) is allowed to assess the charges for fairness under regulation six of the Unfair Terms in Consumer Contracts Regulations.

As the judges wrote in their judgment (another mind-melting 46 pages, so forgive me if I cnat' tpye whlie my bairn szziels):

"It is...appropriate to spell out at the outset that the Court does not have the task of deciding whether the system of charging personal current account customers adopted by United Kingdom banks is fair."

The court hasn't decided whether it is fair that the 12 million who face many charges are subsidising the (on average) much wealthier 42 million other banking customers. The judgment went further:

"Some would regard the United Kingdom system as being, in some sense at least, obviously unfair...That is an imponderable question which depends partly on whether one's perception of the average customer who incurs unauthorised overdraft charges is that he is spendthrift and improvident, or that she is disadvantaged and finding it hard to make ends meet. But it is not the question for the Court."

It's the cost of a service

The judges went further by saying that the price paid is for the cost of a service, putting an end to the long-running idea that these are penalties under law. This is a massive point.

There is no doubt that this is a double-sledgehammer blow for claimants, but it won't be the last we'll hear of it.

With two of the courts ruling on the claimants' side in earlier rounds, it begun to look, to many claimants, like the banks were just a David clutching at pebbles against the Goliath of consumer pressure. Now it is the customers who have taken the role of David, but they will still feel a fight in them. Indeed, consumer group Which? has already signalled it strongly intends to continue its supporting role, and I know that the Consumer Action Group, with its huge member base, will be looking for new routes to a satisfactory conclusion. The banks fought on through their hard times, so we can expect claimants to do the same too.

Claimants do have some areas where they can put up a decent fight. The judges went beyond their remit, as they often do, to give guidance to Parliament and the OFT:

You're looking at the wrong section

To the OFT, the Supreme Court hinted that it might want to look at a different section of the law. Instead of regulation six, it should look to regulation five. By not allowing the customers to have a say in whether the bank should accept transactions that take them beyond their unauthorised overdraft limit, for example, the banks could be said to be in breach of this regulation.

More protection needed

There were also half a dozen strong hints throughout that the Court believes that new legislation is necessary to support customers. The judgment states, to take one example, that Parliament "might wish to consider" revising the law to make the protections level with some other EU states.

Perhaps this whole thing will inspire changes in the law and that will mean it'll all have been worth it for the millions of (on average) much poorer and indebted people who subsidise the banking of wealthier people.

One of the judges, however, suggested such legislation would be difficult and instead said that the problem might be a lack of competition between the banks in the products they offered.

The Office of Fair Tradings response

The OFT said today it is disappointed for customers and looking at whether to pursue its investigation, and that it will explore existing and future legislation. It will review the judgment in full and update us in December.

Considering what is fair

The Financial Ombudsman Service's (FOS) view is not yet known. The FOS is not tied to law alone, but can make individual rulings based on all the facts of the individual case and considering what is fair. There's a possibility it will still rule on some claimants' side. As it said today:

"The law is one of the things (emphasis added) that the ombudsman has to take into account when we decide cases." The FOS, like the OFT, is reviewing the judgment more thoroughly before commenting further.

More doubts from the banks, or just soothing propaganda?

The British Bankers' Association (the banks' PR - or propaganda - machine) today said that it'll still be working with the OFT in regards its investigation into whether charges are fair. Either this is to make it seem benevolent and caring (which, as we all know, banks are in spades) or it's because it believes it will, in the end, have to reduce charges. That would at least be a partial victory for claimants.

Should we ever have claimed?

Many will be asking now "Was it right to reclaim in the first place and that earlier claimants are keeping their money?" It will be no surprise to many of you what I think. I was the first financial journalist to start campaigning on this issue, years ago. (I'm not the only one to say that, but it's true.) I trusted my legal background and my mother, a lawyer.

Personally, I think claimants were within their legal rights to make claims and it's good for those hundreds of thousands who managed to do so. To those of you who are against claiming I say this: if you believe that people shouldn't try to get the best for themselves financially then you shouldn't shop around for the best deals, because that means that other poor sods will end up with worse deals.

Furthermore, wealthier people also shouldn't try to reduce their tax bills, for example, because this means poorer people must pay more to compensate. Of course, this will never happen. We will all, always, try to maximise our own finances. Indeed, that's the only way the system can possibly work, humans being what they are.

So long as people maximise their finances in a legitimate way (i.e. by legally reducing our tax bill or by taking up our rights to get the opinion of a judge) then I won't complain. That's why we, at lovemoney.com, will continue to give advice to all on how they can optimise their finances. Just as we'll let wealthier people know if there's a way to reduce their taxes, we'll be letting hopeful claimants know if we find another route around bank charges. Once my brain recovers from reading the judgment, that is.

Last words of hope from the judgment

"...this will not close the door on the OFT's investigations and may well not resolve the myriad cases that are currently stayed in which customers have challenged Relevant Charges."

Tell us what you think

Join the debate on our Q&A tool about this topic: What do you think of the bank charges verdict?

And have a read of Ed Bowsher's blog - he thinks the decision is an opportunity for new banks. And remember if you need a bit of help with banking, we can help. First, adopt this goal: Pay off credit card debts. Next, watch this video: How to save when you've got no money. And finally, why not have a wander over to Q&A and ask other lovemoney.com members for hints and tips about what worked best for them?

Switch from your nasty bank to another, er, nasty bank! But earn some money in the process through lovemoney.com

More: The top six reasons to switch your current account | The top three ways to deal with debt

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Comments

  • 1 recommendation

One thing I didn't have space for in my article was a further hint from one of the judges in the judgment of another way that customers, or the OFT, could re-think how they tackle bank charges.

He suggests that terms could still be assessed for fairness under regulation six of the Unfair Terms in Consumer Contracts Regulations, but in another way to the OFT's approach for this case.

To those of you struggling to follow me, it's hard to explain what that means in just a couple of paragraphs, but it basically is a strong support for what I wrote in the above article under the sub-heading: 'You're looking at the wrong section'.

The court had no obligation to include this tidbit in its judgment and admitted that it had no real relevance to it, but said that it could prove to be very important in future.

Neil

alucarDrM said

  • 1 recommendation

"Bank charges: The banks have won!"

Oh? And what of the vast majority of bank customers who can run their accounts without, e.g., accidentally going (unauthorised) overdrawn every month?

I accept that of the minority of those that do incur these charges do so because of circumstances beyond their control, and that perhaps, something needs to be done for people in this situation, but most of those that do incur these charges do so because they can't (or more likely won't) manage their accounts properly.

I'm fully aware that people think this form of cross-subsidy is unfair, but so is the people who can run their accounts subsidising the credit risk of those who can't.

To take an analogy, credit cards now apply risk individually, giving the riskier customers higher APRs, while the less risky get lower APRs, and those who can manage their credit cards pay no interest whatsoever.

Are we to assume that those wanting people who can manage their current accounts to subsidise those that can't, also want credit cards to go back to the bad old days where the credit cards had the same APR for everyone who actually managed to acquire one (i.e. the most risky who could get a card today would then get a point blank refusal, even if they could manage the debt itself?)

At least this time the verbal minority haven't trampled over the silent majority.

I await with interest the results of trying to abuse the next loophole (Regulation 5.)

idpattison said

  • 2 recommendations

There's an implication in this article that only wealthy people can be prudent and careful with their money.  I'm certainly not wealthy, but I always check what I'm spending, and as a result I never go over my agreed borrowing limit.

Especially as I took time to read the information that came with my bank account, and understand the financial implications of doing so.

So I welcome this ruling.  Why should I pay to subsidise the borrowing of people who can't be bothered to keep track of their finances?

  • 5 recommendations

An issue that affects nearly the whole population in one way or another should, quite rightly, be prominent news. What most commentators seem to be missing however is the matter of proportionality. In morality terms, there could well be a case for attacking those wealthy enought not to incur bank charges against those for example on benefit. However what incurs my wrath is the size of the fee and by definition the proportionality. I don't think anyone thinks that banks don't have a right to charge for costs incurred. What enrages people like me is the size of the charge. Just last week I was hit by my bank the Abbey for 40 quid, because I had missed (and rectified without their prompting) a cheque going through making me over my limit of precisely 10.05 for 3 days. If all this brings a new bank that shows respect to its customers with demonstrable ethics instead of the disdain and sharkish antics of the current crop of sorry bankers then I say - bring it on!

Hardtruth said

  • 3 recommendations

Interesting that the banks hunted this one as a pack.  This says all you need to know about the cartel nature of the industry and the distinct lack of competition and consumer choice.  This is at the root of all consumer ills and punitive bank charges are merely a symptom.

It really is a case of heads they win, tails you lose and that includes those consumers who stay on the right side of the financial divide.

AFlondon said

  • 0 recommendations

I would have thought that the Motley Fool would be cheering a victory for those who manage their money properly and who won't now be charged to support those who can't be bothered to do their sums and consequently run into authorised overdrafts.

  • 2 recommendations

The Democrat said

"What enrages people like me is the size of the charge. Just last week I was hit by my bank the Abbey for 40 quid, because I had missed (and rectified without their prompting) a cheque going through making me over my limit of precisely 10.05 for 3 days."

I know the feeling. I paid in some cash, over the counter, into my Barclays current account and then, after 9pm that same night had the audacity to move said money into my (Barclays) savings account. The result? A £30 fine and a letter telling me that I had gone overdrawn.

But of course it isn't a fine. It's a service charge unlike, say the interest that I would have been charged if I'd really gone overdrawn.

lewiswalch said

  • 4 recommendations

The idea that those who incur charges are subsidised by those who don't is a position that only muddle minded people could possibly adher to.

Banks make money all the time and still are doing, and it is always at the expense of all their customers. They are a very profitable business. Their recent screw up that almost brought the banking industry to its knees was subsidised too... and is still being subsidised by millions of tax payers, rich and poor. It was a cash flow problem caused by greed and one that many banks are currently reversing at a rate the rest of us can only gawp at. I forget which bank it was, but one of them paid back over 30 billion in a matter of weeks.

The idea that anyone who incurs charges is subsidised by those who don't is not rational but more a matter of self righteous twoddle. It may make you feel smart, but it shows that you are not.

Western countries, and that means you, have an affluent, relatively wasteful way of life, which has been subsidised for hundreds of years by third world countries whose commodities we have pilfered shamelessly. We have all been and still are sunsidised. No one who lives here can point the finger at anyone else about who is subsidising who, when the poverty and the corruption that inevitable accompanies it, caused by our callous indifference and blatant acquisitiveness, is inflicted on many countries by World Bank and International Monetery Fund policy dreamt up by our banking leaders. Should we complain that we are subsidising these countries and they should go to hell in a handcart?

The whole thing is unsustainable and unfit for purpose and banking has to change its tune. Clawing back extortionate banking charges is the tip of the iceberg. From every direction the banking community is getting a wake up call which shouts loudly that it cannot coninue in its present unequitable direction.

riab1879 said

  • 2 recommendations

I am one on the many people affected by bank charges and to an extent am quite offended by earlier comments stating that those that incur bank charges are unable to control their finances.  A few years ago in ONE month I was charged four non-payments of a direct debit and the card companies also all charged me for non - payment.  The debits were all due to go out within 5 days of each other and the only reason there wasnt enough money to cover them was because I had just changed jobs and my pay date had changed so instead of money going in weekly it was monthly.  I incurred £35 charges for each of my credit cards as well as £30 charges from the bank for each direct debit.  The bigger issue here is not so much that I was charged but the amount.  If banks and card companies charged us what it cost them then no one would have claimed any of their bank charges back in the first place as it would have been a FAIR system.

  • 0 recommendations

As ruthless as I may sound, I welcome this decision too.  If people can't manage their finances properly, they should not have any complaints if they are charged a fee.  As to whether the charges are fair, surely the higher the charge the higher the deterrent?  If I accidently forget to ensure that I have enough funds in my account to pay for something and get charged £30, I sure as hell won't do it again.

  • 2 recommendations

Presumably, singularity, on your premise, if you are booked for doing 31mph in a 30mph zone, you will have no qualms in paying the 1000.00 fine. Doh - as Homer would say - please don't give the Whitehall buffoons another opening to exploit!

LAWR3NC3 said

  • 3 recommendations

My view reflects that of a number of commentators. Bank charges for unauthorised overdrafts are absolutely fine (& the system would be unfair without them) but need to be proportionate.  A 'one off'  £15 overdraft over a few days, should never result in a charge. A serial offender but again on a small level, should clearly renegotiate their overdraft limit & pay a small fee for doing so....etc. I am making this up as I type. It is not rocket science. The banking industry should simply use their collective nouse.

If the banks wish to gain some public engagement  over their unpopular practices they might at least publish some stats. which evidence the effect of these charges. Is there any empirical evidence to support the case that they actually discourage the careless &/or the spendthrift?   

HstG.

Programmer said

  • 0 recommendations

I am by no means wealthy, nor have ever been. Yet I welcome this decision. I have always attempted to keep my account in the black because I know I will incur charges if I don't. Yes the banks changed horses mid stream regarding the overdraft charging arrangements, but they notified their customers about the changes. So it was up to the customers to read the information.

In the past if I noticed that things were getting a bit tough financially, we went without some things for a while. I'm willing to bet that those complaining the loudest all have rather large plasma TV screens!

I agree totally with alucarDrMabove.

  • 0 recommendations

The Democrat - you are correct, if I have broken the law, I will have no qualms in accepting whatever penalties come my way.  But they will have to catch me first!  Perhaps then I will stop speeding.

  • 1 recommendation

To all those people who are relieved that they will continue to receive free banking as a result of this decision;

Don't most other countries have banks that charge for current accounts? So, why should the people who can least afford it in the UK, subsidise those who can by paying extortionate fees?

I think everyone should pay a small fee for their banking so that the banks stop pilfering from the poor.

  • 1 recommendation

I'm really lazy with my money.  I get reasonably paid, and my demands on life are small, so it tends to build up in my bank account, and currently stands at more than £10K.  Eventually, I'll do something with it, but intereest rates are so pathetic currently that it doesn't make all that difference.

The result of this is that I, also, am subsidising the bank.  They don't pay me any interest on it, though I'm sure they are making money on it.  All of those who run responsible accounts, without ever over-drawing them are in the same position.  The amounts are less, but added together over millions of accounts, the bank is holding a very large sum in credit, so please don't spin me the line that the bank is being buoyed up by overdraft fees, which are paying for responsible account holders.  I should think they are paying for themselves quite handsomely.

Many years ago, I had a splurge on my account and moved all but a small residual into an interest-paying savings account - then a cheque came in and ran my account into a very small overdraft for a day or two - and of course, the bank slapped a charge in it.  I remonstrated with them, and they took the charge off, but there's a matter of principle here - if I hadn't threatened to move a historically good account to another bank, they would have demanded a charge of £30 for an overdraft of less than £10 for a couple of days.  That's equivalent to an interest rate of 300% over two days, or 54,750% per annum.  Now I know some loan sharks rip people off, but 54,750%?  And this is a bank!

Now maybe I'm being naive, and maybe the bank incurs special costs in the handling of an unexpected overfraft of a few quid, but I don't suppose it mobilised any staff.  More likely, the computer program has a line like

if (capital < £0)  bankcharge = £30; send letter;

... and the letter goes out without anybody knowing anything about it.

Perhaps I'm super-naive, but I can't see much difference between an overdraft and a loan, and there are plenty of loan companies out there who will offer interest rates nowhere close to what banks charge on overdrafts.  I would personally favpour a system where the bank gave interest on positive balances, and charged the same interest on negative balances - although I suppose that would invite a lot of people to carry large overdrafts, and the country's debt situation would be worse than it is.

riab1879 said

  • 3 recommendations

How can bank charges be fair when they are at the rates they are at the moment??  All those that have been affected by bank charges are just lining the pockets of the CEO's and their 6 figure bonuses!!  Yes I agree there should be a penalty but right now I am unemployed (and no I dont own a big plasma tv) and earlier this year my job seekers allowance didnt get paid in like it should have and the bank let me spend £50 that wasnt in my account - I suppose I should have checked first to make sure my account had the necessary funds for me to do some food shopping but I was stupidly thinking the DWP had got it right and paid my money on time - I was charged £60 which was almost a weeks money to live on with job seekers allowance.  I appealed to the bank as I was and still am in financial hardship and the best they could offer me was a loan - that they make profit on.  As I say I do agree that there should be penalties BUT they should be reasonable amounts not ridiculous charges.

A few people have said that there should be these ridiculous charges as it deters people from going overdrawn etc.  If penalties are deterrants why do people still commit crimes as they go to jail surely that should be a deterrant?  I hope for all those of you that are so smug that you have never received any of the charges that have such a knock on effect when working within a tight budget, I hope you get to experience how hard these charges can make your life and then come back to these comments you have posted and realise how single minded you are.

  • 1 recommendation

"so please don't spin me the line that the bank is being buoyed up by

overdraft fees, which are paying for responsible account holders."

£2.6 billion per annum is a lot of revenue from penalty charges alone. No one said it was buoying them up, but they themselves say without it they will have to charge for services (like what they do in other countries).

JingleBell said

  • 0 recommendations

If I get caught speeding outside a school at 8:30 in the morning doing 36 in a 30... I get 3 points and a fine.  I do it at 03:00 in the morning... I get the same penalty (or charge for provision of the service of correcting my driving style !)  You know what... life isn't always fair and equitable, but I know the implications of getting caught speeding, and I have the choice to drive sensibly or not. Same goes with how I run my bank account. My choice, my responsibility.

Incentive/Disincentive pricing is part of many business models... not just the banks. I enojyed your recent articles on Gas/Electric supply switching... but I didn't see you complaining that the standard 5% discount for DD customers is subsidising those that can't afford to do it and therefor should be removed. Might that be becuase it is portrayed as a discount for those that conform, rather than a penalty on those that don't.  So if the banks charged everybody £20/month for their bank accounts...and gave a £20/month discount if you didn't go overdrawn that would be OK yes?

All businesses have pricing models... you legislate against one service or product they offer... they will shift the cost recovery to another. I run my own business... and charge penalties for late payments and for using the facilities I provide beyond agreed terms. My clients are free to move to any of my competitors if they don't like it... but I can guarnatee you that the 95% of my clients that are responsible, do not want me to raise prices to subsidise the ill-disciplined.

oldhenry said

  • 2 recommendations

Jingle Bell hould be doing 20mph outside a school,during school hours,  as they do in the US- or be fined tons.

As for the 'going overdrawn' catch, to all those caught oout, can I recommend an account that provides a 'free' short overdraft? Of course it is not free as you pay a service charge, but it would avoid the penalties and comes with other inducements. Co-op have one , probablly others too.

Otherwise , you have to keep a large balance, or check daily that you are within your balance, easy now it is all on line.

I object to the three day BACS transfer, someone has my dosh in those three days , but does not give me interest on it, that is robbery.

russpw100 said

  • 0 recommendations

I agree with alucarDrM in that as a NON-WEALTHY, RESPONSIBLE bank client I have NEVER been in an overdrawn situation (If you dont have the money - DONT SPEND IT -DOH!!) - I am also fed up with the whining minority exploiting every opportunity to get something for nothing - at the expense of the morally responsible majority. I am so glad that the banks won this and hope the ruling never gets over-turned!

Dame said

  • 3 recommendations

Have no doubt that this a huge racket. The banks want it both ways. They bleat on about the cost of unauthorised transactions yet rub their hands in glees at the thought of slapping on charges to accounts that go overdrawn. There is a case for them to apply charges for unauthorised borrowing but there is a principle here; These charges should be fair i.e: at cost and not an excuse for profiteering.

If they have such a problem with this then there is a very simple solution; if you do not have enough funds in your bank account to fund a transaction it should be declined. If the banks decide to fund a transaction and place you in a position where you incur charges for what is an unauthrosied bowwowing, that is their decision.

I do not have an overdraught by choice and from time to time I get caught if I have forgotten a payment, direct debit etc has gone out of my account etc. The transaction is declined, I go home throw some money in my account and return to purchase whatever it is I wanted. A pain in the arse yes, but I do not get slapped with any ridiculous charges.  

Banks are gangster and theives not only from our pockets, but also the public purse.

 

bookworm said

  • 2 recommendations

Nobody I think disputes that there should be charges for going overdrawn, be it a regular occurrence or through no fault.  The dispute is the actual cost of the charge incurred - which for those who may live hand to mouth each month actually makes their position worse.  What should also be realised is that nowadays people are expected to have bank accounts whether they want one or not - e.g those on benefit/pensions who managed their money before who then had to get an account so that the money could be paid in electronically.  One this was a cost cutting move and 2 then avoided giros going missing or being stolen when posted.

With regard to JingleBell comment above regard utility supply switching with regard to discount for DD customers - there is always the option of going through a supplier that treats all its customers equally, whether they pay by DD, pay as you go meter or on receipt of bill - such as EBICO.

  • 0 recommendations

Bank charges are a disincentive from going overdrawn, and when we have just spent half an hour writing a response to one of these blogs, the message "Oh dear, something's gone wrong", and the total loss of the response, is a disincentive from writing responses - even though it didn't cost any money at all.

  • 2 recommendations

Overdrafts have allways incurred charges, so for those of you who whine and moan at others that go overdrawn and you havn't, makes no sense. Anyone that has gone overdrawn has always paid the charges for doing so. Where the problem lies is in the fact that people who do not go overdrawn on a regular basis, face unfair charges, disproportionate to the amount of overdraft.

Example: you never go overdrawn, except for say a foul up at work in the accounts office, delays your payment into the bank, you know this so do not withdraw any money, however the bank has some standing orders and direct debits on your account and pay these without your knowledge. You know get a heafty charge for going overdrawn.

2 things here article 5 is certainly in question, since the banks have forced you to go overdrawn, and thus charge you.

Firstly the banks excuse is that you should manage your money better, and you are responsible for all transactions from the bank, (except for bank charges) So people who cannot get into the bank to cancel, and unless they are on-line customers, get told there are x number of working days, before any cancelation can take effect, and that for direct debits you must contact the company that is taking the money from your account.

The next thing that happens is a computer generated letter, not even touched or even seen by a human, sends out an inflated charge, because the banks have not fulfilled their customers wishes.

I would presume that the law lords have this sort of case in mind, and is probably one of the biggest reasons people actually incur bank charges, whereby the bank knowingly makes you overdrawn, then charges money for it.

  • 2 recommendations

Dame wrote: "If they have such a problem with this then there is a very simple solution; if you do not have enough funds in your bank account to fund a transaction it should be declined. If the banks decide to fund a transaction and place you in a position where you incur charges for what is an unauthrosied bowwowing, that is their decision."

This is exactly what should happen, but sadly its not what actually happens.

I've been reading a lot of comments on many different sites about this issue, and its one that I'm mroe than familiar with as I've been in the battle for reclaiming charges for three years.

The most common gripe I hear from those who don't like the idea of people baing able to reclaim their charges is that those charges are fair because you're going into an unauthorised overdraft. If only it were that simple!

I've NEVER went into an unauthorised overdraft. I opened my account with the Clydesdale under the understanding that going into an overdraft would be impossible for me, and indeed it is. I CANNOT borrow what I do not have, and this is the case for millions of us. If I go to a shop and try to buy something with my debit card and I have insufficient funds, I can't buy it, and that's fair.

But, direct debits seem to be another story altogether. What happens is that if I have 99p in my account, and a direct debit arrives for a pound, then the bank refuse to honour the transaction, it bounces, the transaction is DECLINED. No loss on my part, no loss on other bank customer's part, and no loss to the bank. The loss comes when the bank decides it has the right to levy a charge/fee of £35 on my account for that declined transaction. They're actually charging me for a service they're not providing! I lose. I lose to the sum of £34.01.

I wouldn't mind so much if the fee or charge were proportionate, but £35 for not providing a service and then sending out a letter telling me that they didn't provide a service, that's criminal!

  • 0 recommendations

Excellent news for once , why should the people who look after their money and spend what they have subsidise those that think banks should give them money and they don't have to spend within their means

ljydoz said

  • 0 recommendations

I dont think we can assume the banks have won on this one just yet. I have faith in our justice system, even the civil one at times :].

I would like to add a thought though. If the DWP had kept to the old system of benefit payments which was via giro or benefit book that was cashed on a certain day at a post office, there would not be as many people in finanial difficulty having to try and balance a bank account.

I found it hard to adjust at first to direct payments instead of benefit book payments because the frequency of payment was changed from weekly to fortnightly. The major benefit of the old payment method was simply you could not get overdrawn! If you can't get overdrawn then you can't incur unauthorised overdraft charges!

If the goverment truly do want to help the countries poorest people they should consider bringing back the old payment method or at least refrain from insisting on direct payments IMHO. It may seem like a nanny state thing to do but i dont remember bank charges and overdraft charges being such a big issue a few years ago...

Dame said

  • 2 recommendations

Of course the sesnible should not subsidise the more financially louche, but unfortunately we all make mistakes, forget and get caught out from time to time. This is called being human, this doesn't mean there was intent. 

I go back to my original point if you do not want any subsidy to take place and if banks want solve this issue swiftlyl, then they should stop paying transactions from accounts with insufficient funds. They do not want to do this, as charges are a very nice little earner. They want it both ways.

darrenb1976 I quite agree with your point about direct debits and, going off at a slight tangent, I pay my mortgage by standing order every month deliberately so I can vary the amount I pay each month, note I over pay every month, sometimes by £100 sometimes by a lot more, it depends on how much cash i have knocking around at the time. So I am paying Northern Rock more than I need to, but because I do not pay by direct debit they charge me £25 a year as some sort of admin fee for standing orders even though I am paying them more than I need to. Gangsters the lot of them.

  • 1 recommendation

@Herman.

maybe because the banks have not of late been the best case study for living within their means... you do remember that massive state and taxpayer subsidy to a global banking system that showed itself to be too greedy and living outside its means, right? You understand that the banks were living outside their means by extending leverage ratios vastly beyond their own capital holdings, right? They're hardly the most prudent of institutions.

GStokey said

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Oldhenry, you should hang up your driving gloves. I don't want to be stuck in Jinglebell's 30mph zone behind you doing 20 mph because that's the speed you feel like doing. You'll do my head in!

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Whats all the fuss about?

Bank charges for UK customers - extreme!

You want to bank on the continent and then you'll be shown what real bank charges are. I have a Credit Agricole account. Everytime I sneeze at them they charge me. I am always in credit - charging for deposits, withdrawals, setting up new accounts, changing currencies - you name and they charge you.

However the sting in the tail is - you only get one warning if you go overdrawn and cannot pay a standing order or your cheque bounces. After that you loose your account and black listed by other banks in the country (France).

That keeps you on in the black.

TB

 

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oh, also, Herman, what you described is actually a decent analysis of the modern credit market, people borrowing from banks when they can't afford something is how credit cards and mortgages work... if living within your means were a universal ethos then you wouldn't have a credit card or a mortgage. Did you buy your home outright? ;)

lindleytvr said

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I have a message for all those self-righteous and unkind people who think that everyone who exceeds their overdraft limit is a spending-frenzied idiot.

I hope that you never experience working for a business that struggles financially and then goes bust without paying you (especially if there are no jobs to go to).  I hope you never get suddenly struck by a terrible illness or accident.  I hope you buy ethical insurances that will always pay out on the cover you think you have purchased.  I hope there is no sudden death of the major wage earner leaving you with young children.  I hope that your bank and all the companies with whom you deal never make a mistake, leaving you to pick up the pieces.  All of these have applied to either myself or close friends and family.

My point is this: although some people may exploit the system, many do not.   Please do not assume that all these people are spongers.  Things may have occurred beyond their control.  And not everyone can afford to live in the sort of area where high wages are the norm so they can't even hope to aspire to the plasma-screen tvs etc that are mentioned on this page.  Many can't afford a home.

This is exactly what is wrong in our society; the Haves frequently preach their self-righteous twaddle to the Have Nots - the I'm All Right Jack attitude prevails.  This really needs sorting.

We need to have a fair system of taxation (where the rich must pay their share like the rest of us).  Major corporations must learn to think less about what's best for their shareholders and more about what's best for society as a whole.  Education must include Finance so that children learn how to manage these things (especially if their parents struggle). Small print should be abolished so that financial agreements are easy to understand. Government should act more like public servants and less like international celebrities.

At the end of all our bickering, I really feel for the teeangers and 20-somethings of today.  Their parents', and often grandparents', generation really have had-it-all.  Now their offspring must pay the price. 

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I have no problem with the individual charges that are placed by the banks for unauthorised transactions - £35 for a transaction that takes someone over their limit - although it's far higher than any cost (UpHillAllTheWay is very close to the method, it's an automated script with no human agency involved) - is fine.

The problem occurs when these are repeatedly compounded within a short space of time, especially when the customer doesn't know about it. There have been instances where someone has been charged hundreds in a day due to circumstances.

Example for those who think it's really easy:

Say you have a balance of £200 credit, and an overdraft of £100, and £5000 in savings with the same bank. You have paid a £500 cheque out and it's due to clear the day after tomorrow, and you're going to shift some money across from your savings tomorrow to cover that - the day before the cheque is due to come out. During today, you go shopping, and make 8 debit card transactions, totalling £150. As far as you're aware, you're £50 in credit, with £150 "available", right?

If that cheque came out early, you went to £300 overdrawn. Then £450 o/d with your shopping, with 9 "penalty" items, potentially another £300+ in charges  right there, leaving you £600 or more overdrawn, even though you haven't actually spent money you don't have. For anyone, £300 charges is excessive for what is a minor error.

I would suggest caps on the amount that can be charged within a given timeframe. Keep the £35 penalty "by transaction" - that's enough to make people say "d'oh!" - it hurts, but it's not a showstopper. Maybe limit to £70 / 2 penalties maximum in a day, regardless of the number of transactions? And perhaps a monthly limit to penalties as well, if you don't happen to have the readies handy to pay one set of penalties, you can rack up more in short order, leading to the horror stories of people racking up over a grand's worth of charges in a month - say a maximum of £200 worth of charges in a month. Again, enough to hurt, but not enough to send someone to the poorhouse.

FWIW, I haven't had a bank charge in over ten years. The last ones were when my ex-missus cleaned out my accounts, and my bank & creditors were very reasonable. I contacted them, arranged repayment schedules and temporary extra credit / overdraft limits to be reduced regularly - for example my overdraft was extended to £2000 from £500, and, as my salary was paid in, reduced by £250/month (this was more flexible than a  loan - I just wanted to get sorted asap) with a tenner a month extra for "account management", which I didn't consider to be unreasonable at all.

Saravisiae said

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For all you people moaning about your banks and wishing for one that valued its customers properly, there IS such a bank- the Co-operative Bank. The one (or two?) times we got hit with overdraft fees we phoned up and the person at the call centre had the authority, sense and goodwill to cancel the charges and suggest ways to avoid them in future. I am not saying that they don't make mistakes but when they do they give YOU £15. I am about £60 up on them. For savings and morgages they don't have the best rates but for current accounts they are fantastic. They also have an ethical banking policy for anyone who cares about such things.

Santa said

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RIAB1879 complains that he was hit by unjust charges when he switched from being weekly to monthly paid.

Assuming that he knew this was going to happen, I would have thought that he could have approached his bank for a temporary facility and avoided the charges. He was charged because he just assumed that they would extend credit.

riab1879 said

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Santa firstly I am definitely female.  Secondly I approached the banks and they offered me a loan with payment protection which is all profit profit profit for them and in the end I was still struggling.  I would have been able to ope financially if I hadnt been charged nearly £300 over about 5 days in charges between two companies.  Generally banks are only interested in "helping" when they can make money off you not when you are in the red.  I was working a job that paid weekly and fluctuated as it was a basic rate plus commission I moved to a job which was higher paid as standard and less on the commission side and still struggled as the charges I received then impacted on the next months budget and sadly I incurred more charges.  I was advised by a former client of mine who works/ed for the money program that I should claim back my bank charges as I was in financial difficulty - I never wrote any letters to banks etc as through all the previous dealings with them I knew I would get given the runaround and it wasnt worth the hassle - in saying that if the charges are all unfair and should be refunded I would be owed a nice tidy sum which I could use to pay off my IVA - the IVA that I had to arrange due to being messes around by banks and having extortionate charges added on and also partly due to not living within my means - I never said I was perfect.

My point though is that yes I HAVE been affected by these charges but I do also agree they should be in place HOWEVER they should be reasonable charges.  The cost of a piece of paper, the amount of printing ink used, an envelope, a stamp and maybe a small fee a reasonable one added on top like a handling fee.

If you want to refer back to the driving example given earlier and how you would receive a fine and lose points on your license and this is a deterrant for speeding - I am sure anyone would agree that yes losing points on your license for not driving as per the law is fair as you know what the speed limits are and you know you are breaking the law.  If your money has not been paid in on time and you are not aware of this in advance surely you should rely on the banks to decline any transactions rather than find they were sat there in their chair rubbing their hands at the thought of an extra £30 in their bonus come the end of the year as you didnt feel you needed to check your account as banks are trustworthy and wouldnt do all they could to make a profit out of you!

alucarDrM said

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riab1879 said

[...]I am one on the many people affected by bank charges and to an extent am quite offended by earlier comments stating that those that incur bank charges are unable to control their finances. 

What on earth for? (I include my standard disclaimer here that a minority of those are being charged unavoidably, e.g. short notice redundancy, family death, incapacitating illness etc.)

This doesn't appear to be one of those cases....

A few years ago in ONE month I was charged four non-payments of a direct debit and the card companies also all charged me for non - payment. The debits were all due to go out within 5 days of each other and the only reason there wasnt enough money to cover them was because I had just changed jobs and my pay date had changed so instead of money going in weekly it was monthly.

Ah - so you were unable to control your finances. I see why you might be offended by those pointing it out:

You had no savings to cover 4 weeks pay?

Did you prepare for your wage changing from weekly to monthly?

Did you ask your bank for a very short-long overdraft to help with this?

Did you ask your bank for a short-term loan loan?

Did you even tell the bank before-hand that you had a change of circumstance coming up to pre-empt any charges?

ljtherock said

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The problem is with the banks and the ways in which they operate.

In most cases the bank does not pay money out of the account if it is not there to be paid out so it does not actually cost them in that sense.

When a payment is declined from someones account everything is then computer generated from that point such as the letter to inform the account holder that a payment has been declined and that they have a fee of £30 plus now owing.

When the banks do allow monies to be drawn from the account with no funds then the decision is entirely the banks and not the customers which is wrong.

As for banks stating and allowing people to believe that by enforcing these type of charges they are making it possible for customers to have free banking is total poppycock.

What about looking at it from another point of view, for example: the customers place their money into the bank and the majority recieve miniscule or no interest at all but the banks use these funds to make themselves ever more and more profits. Surely this is why there should be free banking?

No bank on the planet could possibly repay all of their customers their money back if they all demanded it at once, fact. Banks have always, yes always used money that does not exist. With that non existent money they make profits also, fact.

So for those that are happy to penalise people that have very little currency for basic needs and requirements, how does that work in your minds?

Are you really happy believing that you get free banking simply because people with very little funds can be overcharged by banks because the are unfortunate enough to be at the bottom of the ladder and try to make what little they have go as far as possible but know it is a impossible calculation?

The whole system is rotten to the core and just because those of you like to tow the bank party line because you are better positioned financially than the majority and are able to make ends meet, then shame on you.

As for claims that these people, not whingers and moaners like some refer to them but people cant manage their money, which is totally incorrect, the truth of the matter is they dont have enough to be able to manage it. It is simple math. If your basic outgoings are £100 per month  and you only have £80 income then which Einstien out there can get that equation to add up?

The problem is when it comes to stone throwing, most people are to willing to do so without checking out the facts and evidence and looking to themselves.

Whenever I feel the need to comment on a subject I attempt to look at it from all angles and do my research firstly.

In the case of banking I have done plenty without going into too much detail.

I would suggest to others that you check out the history of banking and how the truly operate, it may just open your eyes to the truth?

riab1879 said

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Due to the type of job I had I wasnt able to add anything to a savings account.  I really dont understand why so many people on here are all for the ridiculous charges??  So many people who get in to debt be it through card / bank charges, not living within their means, unforeseeable circumstances etc find it extremely difficult to get help from banks as they are not interested.  

My problems started pretty early as I was kicked out of home with no savings and I was putting myself through college and working part time.  I studied until I was 19 so yes I did pay college fees. I  was surviving on what I had but any little thing could and would happen so it would make things extremely hard financially.  At times I would work two jobs and have no social life and I was still living hand to mouth.  I had credit cards and store cards and every time I reached a limit they just increased the limit without assessing the fact that maybe I could do with paying off my cards instead of increasing my debt.  I was using the cards to do my food shopping at one stage as what I was earning just didnt cover my outgoings.  I sought help from the citizens advice bureau and was treated with such disdain by the person I saw there and she made me feel like I was a nuisance and pretty much sent me away with a flea in my ear.  I read through the stuff she gave me and contacted a company called payplan.  My experience with them was not great and by the end of the year I was a further £4k in debt without actually spending anything additional on my cards and I had been paying money towards my debt.  Now those of you that are fantastic with your finances are probably thinking that its all my own fault and yes maybe it is - I should never have accepted the loan from my bank or the store card or any of the credit card offers I was hounded with and yes I agree I wasnt the best with money and despite being in a position where declaring myself bankrupt would be the easiest option for me I still chose to work towards paying off as much as my debt as I can afford.  I went back to the citizens advice bureau and spoke with a wonderfully helpful man who saw how serious I was about getting my debt cleared and he even told me it would be better for me to go bankrupt and was quite impressed that I wanted to work towards clearing my debt.  I was doing quite well with this until 2 years and 4 months into paying off my debt I lost my job.  So far this year I have worked for 3 months and spent 2 months on job seekers and 3 months unpaid.  I have pretty much nothing other than a partner who is happy to support me while I am looking for work.  I find it really ridiculous that people who earn so much are so happy for the poorer people to become poorer.  Right now £5 is an awful lot of money to me and yet to most of those who are so in favour of these bank charges would spend that without thinking about it in starbucks or other such establishments.  

Its so nice for you that it is so black and white and that if in trouble the banks will help - they dont unless there is a profit in it for them.  The £4k additional that I didnt spend in that year was charges and interest - I had cut up all my cards and no longer had a debit card before my first visit to the citizens advice bureau.  

nosbort said

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At last some good news from the banking sector! The result of this judgement going the other way would have been a banking system that delegated bad behaviour enforcement to the police as they do in the USA or the very extreme blacklisting system described by 'laplennerie'. There is much whigeing here by people who, despite their protestations, can't manage their finances, however, all of them seem to miss the point that these charges are not for overdrafts but for UNAUTHORISED overdrafts, i.e. taking money that simply isn't theirs to take. That's theft in my book and if you steal then a charge of a few (up to a lot) quid is better than a criminal record I think. For those who complain that they have enough io other accouns to cover the money that they 'borrowed' I have an answer, move your account, there are plenty of accounts that allow funds to be pooled in this way, not doing so is simply another indication that you can't organise your finances.

ljtherock said

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Having read some of the comments on here makes me realise that things just continue on to get worse....

"The lights within the house are on but there is not a "Soul" home....."

Is it a crime to be lacking funds?

Is it a crime to not be financially astute?

For those that condone and applaude the banks for their modus operandi, well done and give yourselves a pat on the back.... But never forget to give that poor soul that lies in the kerb a good kick before you walk by, after all it is definitely his own fault...

Should you see a banker that sits at the table of a fine and expensive restuarant as you walk by or even have the pleasure to be in the same restuarant then never forget to walk over to him, congratulate him, shake his hand and hand him half of your monies as a reward for his ethical policies and his helpfulness in assisting society to stay true to humanity.

nosbort said

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ljtherock,are you being deliberately perverse? This is not an arguement about morality but about charges for taking what does not belong to you. If i plan to be charitable I'll be charitable but I do not expect to be forced into charity by someone else who willfully fails to look after their finances. Your final paragraph is simply the politics of jealousy.

The correct way to deal with those who have more than you is to find a way to get into a similar position and not to whinge and force everyone to descend to the same level. The former is how capitalism improves, the latter is how communism caused famine.

Dame said

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Nosbort, that is rather simplistic argument and unfortunately incorrect.

Asking a bank to approve a transaction when you have insufficient funds money from a bank is not theft. At the point of transaction if a bank approves the transction knowing you have insufficient funds in your account then they/you have entered a contract at the point of approval. In your terms and conditions it will spell out that they are entitled to charge you a penalty for this contract. You cannot steal from someone if they knowingly say yes you can have the money and have pre-warned you about that there is a penalty for presenting patment whilst having having insufficient funds. You will have accepted this as part of your terms and conditions of your account.

If you had gone into the bank and stole the money without their approval that would be theft, but if the bank approves the transaction it is not theft. All banks need to do is decline all transctions presented by accounts with insufficient funds then all this could be cleared up. But they won't as they earn billions from the above practice.

if you speak to a retail banker, they will tell you that banks actively allow people  to go overdrawn by about £200 so they can apply charges. This is common practice in the industry. 

laalaa41 said

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Here's some solutions.  NO-ONE - banks or anyone you have a direct debit or standing order with should ever be allowed to take a fraction of a penny more than you have agreed to and any charges should be on the date you expect, not days earlier ie before we poor working Joes actually get paid. 

I frequently find that if I issue a cheque, it's been debited from my account days before the date I wrote on the thing - isnt that illegal?

Or if this happens ie the ordinary Joe could not have expected an increase of an amount or an earlier date - charges are returned promptly.  Or a service like RBS - a text if your bank account looms towards a (say less than £5 mark).

Ah but banks wont like any of these things because they just LURVE it when they can whack an automatic charge on you - no matter what the circumstances because its free money for them. Free because it doesnt cost them a bean, a second thought - guilt-free unethical practices.  Gone are the days when the bank manager you deal with regularly (who?) knows you usually have your account running properly so what they're looking at is obviously not expected/a mistake - so they forestall whacking the charge on you.  Like when a credit card company CALLS you when a £1000 bill in Las Vegas appears on your account when you live on a farm in Auchtermuchty!  If they can do it.....

I loathe banks with such a passion right now.

ljtherock said

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nosbort....

Perverse? how are you defining such?

Politics of jealousy?

Theft?

Forced charity?

I believe you may assume too much and feel personally offended by my statements?

You claim that i state the politics of jealousy...

Yet you do not know of me.

Maybe I can help you on this point, I stand for the politics of humanity over and above any other political ilk and I am certainly never of the politics of jealousy for those that make a good living from their work providing it is done honestly and ethically.

I cannot possibly be jealous of a person who earns good money within his work because I am fortunate enough to be within a financial postion of good standing.

However, I do not believe that communism is the answer, history reminds us of this. Neither is capitalism, the present reminds us of this.

Maybe I can take a leaf from your book and make a assumption...

You feel offended personally by my comments because they relate strongly to you?

Am I all for money and fine dining, luxurious cars and fine large houses even at the cost of others? No, emphatically no.

I am no more happy with my gains financially or materially if they are gained by causing people within the Uk to go without anymore than I would be if a poor asian child or adult had to suffer or die because of them.

Finally, your train of thought is incorrect.

Man causes poverty not politics, fact.

How could I be perverse and moral at the same time, it is a contradiction.

Surely, perverse and immoral is what you really meant to state?

colonial69 said

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I think the article very much oversimplifies the ruling. It was on a very narrow technical point only and is not the end of the matter or the beginning of the end, but the end of the beginning! [with apologies to W S Churchill] 

The best news is that the automatic stay has been lifted on pursuing existing claims through the courts. Hundreds of thousands of claims already filed will now be able to be pursued and the -ankers will continue to have to pay out under Clause 5(1) of the UTCCR 1999, rather than going to court to defend the undefendable and economically unviable small cases to defend, all over the country. The OFT/FSA/FOS were never going to reduce the charges to zero and were/are in bed with the bankers. We can now get statutory interest added! Where else can you get 8% on your money on the two year delay? 

Class Action cases, as suggested by some? No way; the only people to get money out of that are the lawyers.

ljtherock said

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nosbort...

I forgot to ad one more point in connection with claims of theft.

How can one be stealing if one does not know that a decision is being made on their behalf?

Is it stealing if without duress or force the bank decide to pay out funds that are not in your account, surely theft takes place without awareness of the event or without the consent of the vitim/s?

jaymie said

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@laalaa41: sounds like you're writing post-dated cheques - your bank will at least frown on this practice and worst-case you may be infringing on the conditions of your account by doing this.

Cheques should have today's date if you write it today.  Banks don't ordinarily take note of the payment date, except to check that it isn't more than six months ago.

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Isn't it France where it's a criminal offence to go overdrawn with your bank, maybe the same rule could be applied over here......Oh no, sorry, we'd have to build quite a few more prisons then, and the banks wouldn't be able to charge exhorbitant rates either....Silly idea really..... :)

For the time being at any rate it'll at least stop all those damn phone calls from companies pressurising you to use their services to get your claims investigated, a blissful weekend in the offing, how delightful.....

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If people don't want high charges why not just get an authorised overdraft?  Whils I never spend more than I get each month - because I have 4 differnt sources of income coming in a different times each month I do sometimes overdraw.  It costs me between £1 and £3 per month for this with Nationwide which I'm quite happy to pay for the convenience.  If you haven't made some kind of provision don't blame the banks.  To me this is just anotehr example of people not facing up to their own responsibities very typical today - I'll bet most of the claimants are in the 20 - 40 age range

riab1879 said

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What if the bank doesnt want to allow you an authorised overdraft?  whats your response for that petitemisschief??

mart1984 said

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Im sorry to say this but im glad the banks have won.

EVERYBODY HAS TERMS AND CONDITIONS FOR WHICH THEY FAIL TO READ FOR SOME REASON

SIMPLE IF YOU DONT HAVE THE MONEY THEN DONT SPEND IT

riab1879 - if they dont offer you an authorised overdraft, theirs a reason BUT WHAT YOU FAIL TO REALISE IS THAT THEY ARE PROTECTING YOU FROM GETTING INTO DEBT (OR FURTHER)

Petitemisschief - i agree with your statment but would say that the age range is 18 - 30, basically because we have been brought up in a loaning / credit enviroment.

I myself dont have any debts, i have a 0% on purchases credit card for a 12 month period, but as i have my head screwed on i do a little trick which im sure other people like myself have realised.

Would be good to hear from feedback on this article

Motofox said

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What I find stange is that any of you are surprised by this outcome, after all the banks are now mostly owned by the goverment (us), the goverment (us) have all ready pumped billions in to the banking system, why would the goverment (us) want to prop up the banks by millions more.

By the way I made my claim a long time ago and got back 49% of all charges incured on my bank account, if the bank didn't think it was in the wrong do you think they would have paid me back some of the charges.

Though of you who think that you are some how paying for thoughs of us that have in the past gone overdraw live in some kind of world that is not on this planet, the charges incurd by the few are reason that bank don't charge fees for all bank accounts, some £2.9 billion pounds at the last count, thats a lot of money paid by 10 million people.

Sphex said

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In addition to an unauthorised overdraft fee, my bank (LLoyds TSB) charge an additional fee for each item they refuse to pay because there are insufficient funds in the account (due to an unauthorised overdraft). They claim that this fee is for a service to me - to wit, that they have considered and made a decision on each item. However, their decision appears to take no account of : previously unblemished credit record, monthly salary infallibly paid into the account over 24 years, a payment having fallen due just prior to said monthly credit, a monthy credit delayed by 2 days after its due date, the payments refused being trivial amounts - smaller in fact than the charge the bank made - that the same decision was made and charged twice on the same day for the same type and amount of payment.

If this is a service they are providing for me, it ought to be possible to demonstrate that a decision could under some circumstance be made in my favour. I am at a loss (literally) to understand how. Otherwise their "service" is either fraudulent, or not provided with due diligence. Perhaps the ombudsman would agree. I intend to find out.

Don't just cry "unfair", and wait for the courts or the government to sort it out. Make a complaint. Do it in writing, not to a call centre, and when you get the standard letter back (or no reply) follow it up with a letter to the Ombudsman.

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Upfront I will say that I have gone overdrawn in the past and I accept that I should have managed my money better (though I suspect this site is full of people who are trying to manage their money better than they did in the past). On one of these occasions - pre online banking - I received a letter saying I was £5 overdrawn because a cheque I had written months before had just been presented. I immediately paid money in but in the time it took for this to be credited, two small regular payments fell due. The bank charged me 3 separate unauthorised overdraft charges and I ended up paying around £100. I think that I heard that it costs about £2 for the automated processes involved so the bank made over £90 profit on the transactions.

No-one is arguing that there should not be a charge but this is excessive.

I also cannot understand the high moral tone being taken by some contributors. Why should I be charged too much so that you can receive a subsidised service?

nosbort said

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Ijtherock, you assume too much, I have no interest in this matter other than the obvious one of not wanting to pay for others fiscal imprudence, however, your ire simply shows you to have been pricked by my comments.

On Jealousy this:

" Should you see a banker that sits at the table of a fine and expensive

restuarant as you walk by or even have the pleasure to be in the same

restuarant then never forget to walk over to him, congratulate him,

shake his hand and hand him half of your monies as a reward for his

ethical policies and his helpfulness in assisting society to stay true

to humanity."

is pure jealousy, you may be comfortably off but you feel that you can stand as arbiter of decency, you can't. Bankers may not toil worthily to your eyes but I think that without them you would find it difficult to live.

On stealing the act of taking money without consent, however done, is theft, it fails to meet the constraints of the theft act on the technicality that in some cases there is no intent 'permanently to deprive' but however you may have caused the money to be taken without consent, whether it be by writing acheque without funds to cover it or committing yourself to payments which take you beyond the available funds to meet them it is still theft.

Your moralising about who should be allowed to do what is painful to read and you don't understand perverse as a concept, of course you can be perverse and moral, perverse simply means deliberately taking a position which is against the evidence the moralising that you indulge in is that of the communist who seeks to reduce all (others) to the same level whilst maintaining their own position. Read Animal Farm then look up the Ukrainian famines and see the logical outcome of your position.

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i applaud all those who extol their own money management skills. whilst your busy patting yourselves on the back... please do continue to be satisfied with the complete lack of competition within the UK retail banking sector, the self-similar one size fits all approach to the "customer", and the unquestionable status-quo that retail banks enjoy.

as a private banking customer i personally have a financial disincentive for a ruling to enforce the banks to reduce penalty charges. it might even mean that my bank will charge /me/ more for the service... When's the last time you called anyone at your bank on their mobile? (let alone a bank manager!). Then ask yourself why this unequivocally /must/ be an exclusive privilege of those with earnings in the top 8 percentile of the UK.

despite being a militant Randian capitalist, i do still believe the banks should treat regular individuals as /customers/ which has not been the case in the UK retail banking space for quite some time.

furthermore, in my mind, they have a duty of care to those least able to manage their money. for instance, it is not that much of a stretch of the imagination to view the relationship of the worst financial planners and the banks as being akin to the gambling addictand the casino; or the alcoholic and the barman. at some point it becomes an issue of morality.

as a young and carefree student less than five years ago, i was stung for about 400GBP in penalty charges. whilst this for me was a cheap lesson on money management at the time - i recovered. Unfortunately, some people lack the basic skills, competence or intelligence and will be destined for a lifetime of financial woe. With this in mind, many of the attitudes outlined above toward those people quite reprehensible.

MK22 said

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I am intrigued that the vast majority, if not all, of the posts are about bank charges and nothing about the judgement itself. Isn't anyone just a teensy little bit worried that the people who made this judgement are the same people who invested in Equity Life and then passed a ruling that bankrupted the company in order to make sure their investment was OK? And the same people who mix with company directors in their spare time. These guys aren't Judge John Deed! Or am I just seeing conspiracy theories where there aren't any?

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MK22, maybe you are one of those worried about conspiracies in all things, however there does not need to be a conspiracy, when the very people who make these rulings, are biased in some way by their own life experiences.

I find it not at all surprising that many people who have never lived close to the limits, cry about those that have to live in that manner, and feel no compassion for people that have been charged unfairly. You have never in your lives paid for these people, by way of charges on your account, so why bleat about them, they are the one being penalised to pay you money, in the form of interest earned on your account.

As far as the law lords are concerned, they have thrown a bone, something they did not need to do, under the terms of the investigation.

Damned if you do, damned if you don't, is the sentence that needs to be appied here to both parties, banks and customers alike.

Firstly, lets not fool ourselves that banks charge proportional fees to a job done. A letter is computer generated and mailed out under an automatic process, even the signature is computer generated. Cost to the bank negligible, cost to the customer as high a price as they can charge, with a minimum based on a human writing the letter and posting it as an hourly rate.

2 scenarios, a bank refuses to pay a direct debit or standing order, or pays the DD or SO. In either case the customer is charged because of the so called added paper trail and human time involved (none existent, a computer does it )  Why?; don't the banks make enough money to cover these costs or are they so bad at making money, if so, why are they in business?

This is the case the Law Lords are referring to, a bank will charge you for going overdrawn plus a letter charge, something the banks have now compounded in their recent changes in how overdrafts are charged. Notably under the guise of making charges clearer to customers.

So in the first instance of DD and SO not paid the banks charge you the letter fee say £35, in the second instance, you are even worse off, not only do they charge a letter fee, but in the case of banks like the Halifax (best case an arranged overdraft) you will be charged £1 per day on top of that. Even other banks will only cap this at 5 days,  so you are looking at a charge of £40.

The Law Lords are quite correct, this part of the law does need challenging and as far as the title on the page is concerned, the propensity of Love Money for making such ludicrous headings is getting beyond a joke, the banks have not won by any means. They are still not allowed to make unfair charges, something the courts would decide on, so the banks are not out of the mire as regards unfair charges it would seam.

riab1879 said

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Mart1984 the banks haven't actually won they have just won on this point and as others have mentioned if the charges werent unfair why did they get money paid back to them??

You wrote riab1879 - if they dont offer you an authorised overdraft, theirs a reason BUT WHAT YOU FAIL TO REALISE IS THAT THEY ARE PROTECTING YOU FROM GETTING INTO DEBT (OR FURTHER)

I realise that they refused an overdraft due to money issues I am not stupid but everyone else like yourself who are defending the banks are saying why didn't you go to your bank and ask for help - help was declined on many occasions when I was trying to sort out my finances and it really is not as simple as going and asking for help as I mentioned before unless they can make a profit they are not interested!  Oh and by the way THERE and THEIR have two different meanings.  I may not have managed my money effectively but at least I can spell and know the difference.

I have not asked for my unfair charges to be returned despite the fact they would alleviate over £4k of debt but what I want is for the charges to be reasonable - if this means you earn less interest on your money GOOD!! As unless you spend a week or two living hand to mouth and keeping track of every single unnecessary thing you buy you will never understand why people en-mass tried to reclaim these charges.  I recently read an article in a newspaper which I think was the daily mail and it was about a lady who earned a 6-figure salary and out of curiosity spent a week trying to live off job-seekers allowance £65 for a week.  She found it extremely difficult and it made her realise how much she takes for granted - maybe some of the self-righteous people on here should try it just as a little experiment as it really isn't easy.

curiouskat said

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To the posters who are ignoring the fact that we want bank charges to be proportionate. Some info' on me:

I live on a low income and every penny counts to me.

I have two debit cards (and no credit cards or loans)

I do not own a big screen Tv (and the only expensive item I own is the 12 year old laptop i'm writing on, given to me second-hand by a relative).

I've only had two bank charges in the forteen years I've been a bank customer.

And the second charge was for becoming overdrawn by one pound and twelve pence. I hold my hands up that this was my fault: I used my debit card to pay for the supermarket shopping and thought I had three pounds more in my account than I had (i'd checked the balence before we went in but was mistaken with the amount). I was fined forty-five pounds.

If I didn't have enough funds I would have been happy for my bank to refuse the transaction as I would have paid with my other card and there would have been no problem. But assuming this practice never changes, I don't see why banks can't charge in relation to the 'crime'. I would still feel a charge of five or ten pounds.

To the people who think they are bankrolling me personally: £45 charged on £1.12, what kind of interest rate is that?

 

ljtherock said

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nosbort........

I can declare that your points are well contested and thought out but are they personally true to me?

Your consistent point of my jealousy toward the rich for example is made on the basis that because I make a sarcasm toward some of them that it is simply sour grapes.

Why would you assume such a belief especially in light of you do not know me?

I aimed the sarcasm at the top level bankers in particular for the way in which they carry out their business and how they achieve their high level salaries and creamy bonuses, which by any standard of decency are extravagant to say the least.

In consideration of recent events such as the bailing out of banks by taxpayers and their over inflated salaries/bonuses and not least the unethical practices carried out in order to make ever larger profits year upon year at the cost of others, if it were not for technicalities what charges could be bought against them?

The point of theft that you insist on driving home to me and the so called technicalities of why it may not be chraged like so to the account holder committing the possible crime, what part within the crime could the banks be charged with?

Aiding and abetting?

That is assuming your definition of it being a crime is correct of course.

If being moral is perverse within your realms then so be it but in my beliefs it is part and parcel of being human and acting accordingly and maybe if all attempted to be moral in everyday events we would not be in such a sorry state of affairs through out the world.

At no point within my moralising did I state who could or should do what or not, I simply stated, yes with sarcasm that capitalism does not work because it continues to filter the cream to the few at the top at the expense of the masses at the bottom but will eventually implode upon itself thrrough its own self fulfilling prophecy.

Also, why do you keep with your connotations toward me and communism?

Why is communism so engrained within your mind?

I myself do not side with any party politics, in fact they do not enter into my way of life and have never done so.

I have read animal farm, twice. I have even seen the film based upon the book, it is very thought provoking and allows its philosophies to be drawn upon by a wider audience, good I am sure you will agree?

However, I also have a good knowledge of events past and present throughout the world and do concur that their are people within it that are starving where there is no communism.

As to maintaining my position, whilest attempting to bring all others down to the same level. I shall interpret that statement as such. I maintain my position as a humanitarian and will continue to do so for my entirity and if all others could be bought down to that same level of humanity then surely it would be a better life for all?

Is the above statement stil communism?

Finally, If you truly find morals to be so painful maybe you should ask yourself "Why is it so"?

mambach said

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The really unfair part is when the charges take you overyour limit.

A couple of years back, when I was on the dole, my giro was a couple of days late. I still needed to eat, so I took the last money out of my account.

I went overdrawn by 35p. I had no arranged overdraft and ergo got charged £30 the next month. Which took me over. So they charged me again the next month. and the next. and then threatened to send debt collectors after me.

Total fees before I managed to get back above water and stay that way: £200

Which is stupid.

Unfortunately, I found out that I might be able to get some of this back when my bank wrote to me tht all cases of repayment were suspended pending the outcome of this investigation.

dmhzx said

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So once again the banks cast justice, fairness and morality aside."

"If it's not actaull illegal its OK".

Once again the people they hit hardest are those least able to pay, and where do all those unfair fees go? To yat another round of totally irresponsible lending in Dubai, and massive bonuses for thse responsible for the irresponsible lending.

As in most other things in life, the parasites have taken over the host, with the banks and government living symbiotically with each other off the back of the rest of us.

Next question: How come the two lower courts were so incompetent as to completely misunderstand the law?? 

gardener said

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I incurred bank charges: ex husband not paying maintenance for our children. I do not have a large plasma screen TV, in fact it is 11 years and 6 months old, not even connected to anything as I cannot afford a TV licence or aerial. Don't give out that nonsense about lazy incompetent people. Sometimes there are other factors involved beyond your control which lands you in trouble. The same happenend to my friend, who did not even have a credit card. Her ex husband was declared bankrupt and all the unpaid maintenance was written off after 6 months. She nows scrubs toilets to feed her kids. Where is the justice in that?

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Judges' quote : "....he is spendthrift & improvident...", "....She is disadvantaged & finding it hard to make end meet.". Both very true , depending on circumstances, as we have all - mostly -  experienced at some time.

Neil commented "The banks fought on through their hard times....". Did they hell! No, they were unbeleivably massively bailed out, & still grabbed their obscene bonuses & pensions, unlike the "disadvantaged", who DO have to fight on through their hard times, with an ever increasing burden.

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