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If banks lose unfair bank charges case it could mark the end of free banking

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  • If banks lose unfair bank charges case it could mark the end of free banking

    Today marks the fourth day of the OFT test case into the legality of

    If banks lose unfair bank charges case it could mark the end of free banking


    22/01/2008

    Today marks the fourth day of the OFT test case into the legality of bank charges, and personal finance and advice website financedaily.co.uk is warning that if the banks lose, it could mean bad news for consumers.

    The OFT's court case against eight leading banks - Abbey, Barclays, Clydesdale Bank, HBOS, HSBC, Lloyds TSB, Nationwide and the Royal Bank of Scotland Group – into unfair bank charges has been a hot topic since it began on January 17.

    The aim of the case is to determine the legality of the charges – sometimes up to £40 –by banks and building societies to their customers for things like going over an agreed overdraft limit or a bounced cheque.

    In April 2006, the OFT slammed these sorts of charges, stating that a bank charge, although legal, should only cover "limited administration costs", and that a charge of up to £40 for exceeding an overdraft could not be justified.

    But the banks stood by the charges, with British Bankers' Association chief executive, Angela Knight, saying at the time: "The banks have always been firmly of the view that the fees they charge customers are fair and clear," so the OFT decided to take the big eight to court for a legal ruling.

    But now experts are warning that although a victory for the OFT would in theory be a victory for the consumer, it could actually be a doubled edged sword.

    "If the banks lose the case it will almost certainly be the end to ‘free’ banking in the UK because the banks will have to find alternative ways of earning money back from customers," said Dale Lovell, Editor of FinanceDaily.co.uk.

    Lovell says that interest paid by banks on current accounts will more than likely end and be replaced by monthly standing charges; "if the banks lose this case we will go from a position of free current accounts to being charged for current accounts," he continued.

    "While those who have suffered under unfair penalties will view victory as a good thing, in the end if the banks lose, it will effectively mean that the majority of bank customers, who manage their bank accounts properly without going into debt, will end up paying for those customers who get into financial difficulty."

    © Fair Investment Company Ltd
    Last edited by Amethyst; 22nd January 2008, 16:38:PM.

  • #2
    Re: If banks lose unfair bank charges case it could mark the end of free banking

    Can you post the link??

    Comment


    • #3
      Re: If banks lose unfair bank charges case it could mark the end of free banking

      Originally posted by penfold View Post
      Can you post the link??
      http://www.fairinvestment.co.uk/bank...king-1066.html

      Comment


      • #4
        Re: If banks lose unfair bank charges case it could mark the end of free banking

        oh bum somethings wrong with the rss will try and fix it
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: If banks lose unfair bank charges case it could mark the end of free banking

          The Myth of Free banking and the scaremongering about it, ooooh I am so scared!!

          Comment


          • #6
            Re: If banks lose unfair bank charges case it could mark the end of free banking

            Referring to charges levied for bouncing a cheque, he said: "The whole of this debate is academic unless the OFT is going to contend that any unpaid item fee at all is unfair.
            "The existence of the right itself [to levy an overdraft charge] cannot cause an imbalance in the contract," he added.
            Mr Milligan spent much of the morning explaining Barclays' defence that overdraft services were part and parcel of the bank's arrangements for operating customers' current accounts.



            I still dont get this argument?- Surely the OFT is not arguing against the fact that there should be a charge for exceeding the OD - only that £39.00 etc is too much. Therefore if the banks decided to charge £15.00 for each cash withdrawal - then that would be excessive as well and then the case would be about that charge.If they are saying we have the right to charge what we want - if you dont like it go elsewhere - then if you have a mortgage or a loan then you have a contract to fulfil - so you could not? Also as all the banks funnily enough seem to charge the same - the choice is limited.

            Also again I ask if the charge is for a bundle of services- then all customers should pay - not just those overdrawn - or if you are in the red you are paying for the services that all the other customers are receiving for free???!!

            I knew it would be complicated - just off the read unfair Terms etc again


            By the way I think the treats mentioned above are maybe meant to cause a backlash against the Consumer forums dont you think?


            jan
            "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

            "Always reach for the moon, if you miss you'll end up among the stars"


            Comment


            • #7
              Re: If banks lose unfair bank charges case it could mark the end of free banking

              I believe the issue is whether the bank account can be dealt with under the UTTCR and that will be the basis of a reduction in bank charges.

              Comment


              • #8
                Re: If banks lose unfair bank charges case it could mark the end of free banking

                Nattie's right.

                This initial phase will only decide whether the OFT can apply a test of fairness to the various bank's terms and conditions against the UTCCR.

                I believe that once the test case is over and that question has been decided and the OFT are victorious then the OFT will presumably finally issue their long awaited report concerning ther investigation into the whole bank charges situation, something they started at the beginning of last year. Provided the OFT get the declaration they hope for from the Test Case they will then be able to force the Banks to lower their charges to levels the OFT consider to be acceptable. Before this happens there will no doubt have to be additional Court action to force the banks to disclose the true costs in relation to their charging systems. No one knows how long it will take to achieve a result in the test case ( probably Easter 2008 ) or how long it will take the OFT and the banks to arrive at a new charging structure ( probably the end of 2008 ) and what that eventual charging structure might be ( probably very similar to the stupid credit card situation )

                Our best hope is that the OFT win the test case and the Judge holds good with his promise to give proper directions to the County Courts to free up all our stayed claims with immediate effect. We can then get back to Business as usual and pursuing our own individual claims.

                Comment


                • #9
                  Re: If banks lose unfair bank charges case it could mark the end of free banking

                  Yes I do understand that - what I dont understand is the banks arguments of defence of why the charges should not be included under the terms of UTCCR - Are they saying that opening a bank account is not a contract. And also why are they saying the OFT should not just be highlighting OD charges?

                  Looking forward to the next few days reporting. Facinating insite:okay:


                  jan
                  "What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

                  "Always reach for the moon, if you miss you'll end up among the stars"


                  Comment

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