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Full Legal Opinion of Anthony Scrivener QC on Banks Charges under Unfair Terms in Consumer Contract Regulations.
You do not need to be registered to access these files which are PDF format. THE OPINION SUPPLEMENTARY NOTES ON UTCCR
Abbey first to launch Fee Free banking - for mortgage customers only...
Santander , who own Abbey, have announced the launch of a new current account from January which will offer fee free banking.
Contrary to much opinion that the forthcoming Judgment from the Supreme Court in the case between the OFT and the Banks this does not seem to be signaling the end of free banking, rather the opposite.
The Account is however only available to consumers who hold their Mortgage with Abbey although there is no requirement to make mortgage payments from the account.
The ZERO Current Account from Santander offers:
No authorised charges
No unauthorised charges
No charges for unpaid items
No charges for paid items
Overdraft interest rate of 12.9 per cent
No separate unauthorised overdraft interest rate
No charge for use of ATMs world-wide and no foreign exchange fees
Fee-free debit card usage for purchases world-wide
6 per cent in credit interest rate fixed for 1 year (balances up to £2500 if you credit more than £1k per month)
No banker’s draft fees
The bank have stated that if you didn't have enough credit in your account to make your Abbey Mortgage Payment then they would pay it and continue to charge the overdraft rate of 12.9% on the additional overdraft.
This is an addition to their Zero range of products which includes The Santander Zero Credit Card which offers no fees and a 0% interest of purchases for the first three months.
António Horta-Osório, Chief Executive of Santander UK,said:
“Santander is uniquely placed amongst UK banks to change the way it does business, and our new approach is one based on simplicity: the more business you do with us, the more we will offer you in return.''
The Bank told Legal Beagles they hope that customers will find the deal so attractive they will use the account as their primary banking account and manage all their direct debits and standing orders through it.
They have also said that this decision, of course, has no relation to the forthcoming judgment in the Supreme Court over the fairness of bank charges, nor anything to do with the OFT's recent Market Study on Personal Current Accounts. Figures obtained by LegalBeagles show over 1.2 million customers currently have their complaints about bank charges on hold pending the outcome of the test case.
We feel that this type of account comes into line with the OFTs recommendations made in the PCA report and will be beneficial to consumers pushing the hand of the other banks to lower their fees, it is a clear and easy to understand system offering good value for money.
The deal will be available to all customers of Abbey and Bradford & Bingley when the two banks become Santander. It will be extended to Alliance & Leicester customers when it re brands to Santander later in 2010.
Consumers wishing to pre-register interest should call 0800 234 6058
We will comment further when we receive a copy of the full terms and conditions of this account.
__________________
The butterfly counts not months but moments, and has time enough. ~ Rabindranath Tagore
Amethysts opinions are her own. Advice is given without liability.
I carry the dust of a journey, that cannot be shaken away, It lives deep within me, for I breathed it every day....
Seagulls Rule OK !
Last edited by Tools; 19th November 2009 at 18:54:PM.
Reason: Abbey first to launch Fee Free banking - for mortgage customers only...
The Following 3 Users Say Thank You to Amethyst For This Useful Post:
Budgie (19th November 2009), ROBSTER (19th November 2009), Tools (19th November 2009)
Re: Abbey first to launch Fee Free banking - for mortgage customers only...
Quote:
Originally Posted by Amethyst
Santander , who own Abbey, have announced the launch of a new current account from January which will offer fee free banking.
Contrary to much opinion that the forthcoming Judgment from the Supreme Court in the case between the OFT and the Banks this does not seem to be signaling the end of free banking, rather the opposite.
The Account is however only available to consumers who hold their Mortgage with Abbey although there is no requirement to make mortgage payments from the account.
The ZERO Current Account from Santander offers:
No authorised charges
No unauthorised charges
No charges for unpaid items
No charges for paid items
Overdraft interest rate of 12.9 per cent
No seperate unauthorised overdraft interest rate
No charge for use of ATMs world-wide and no foreign exchange fees
Fee-free debit card usage for purchases world-wide
6 per cent in credit interest rate fixed for 1 year (balances up to £2500 if you credit more than £1k per month)
No banker’s draft fees
The bank have stated that if you didn't have enough credit in your account to make your Abbey Mortgage Payment then they would pay it and continue to charge the overdraft rate of 12.9% on the additional overdraft.
This is an addition to their Zero range of products which includes The Santander Zero Credit Card which offers no fees and a 0% interest of purchases for the first three months.
António Horta-Osório, Chief Executive of Santander UK,said:
“Santander is uniquely placed amongst UK banks to change the way it does business, and our new approach is one based on simplicity: the more business you do with us, the more we will offer you in return.''
The Bank told Legal Beagles they hope that customers will find the deal so attractive they will use the account as their primary banking account and manage all their direct debits and standing orders through it.
They have also said that this decision, of course, has no relation to the forthcoming judgment in the Supreme Court over the fairness of bank charges, nor anything to do with the OFT's recent Market Study on Personal Current Accounts. figures obatined by LegalBeagles show over 1.2 million customers currently have their complaints about bank charges on hold pending the outcome of the test case.
We feel that this type of account comes into line with the OFTs recommendations made in the PCA report and will be beneficial to consumers pushing the hand of the other banks to lower their fees, it is a clear and easy to understand system offering good value for money.
The deal will be available to all customers of Abbey and Bradford & Bingley when the two banks become Santander. It will be extended to Alliance & Leicester customers when it rebrands to Santander later in 2010.
Consumers wishing to pre-register interest should call 0800 234 6058
We will comment further when we receive a copy of the full terms and conditions of this account.
That's fine Amethyst, but how many times have we seen accounts launched with attractive "headline"rates that then get reduced down the road? They do this to get to the top of the "best buy" lists and then change everything down the road.
I bet if you have a look at the terms and conditions on this offer, there will be get-out clauses, such as "we reserve the right to change our fees.....blah...blah".
OK, they have to protect themselves against interest rate changes, etc, but they have systmatically abused this system for a long time.
__________________
Thanks!
Debtisbad
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Re: Abbey first to launch Fee Free banking - for mortgage customers only...
Quote:
Originally Posted by debtisbad
That's fine Amethyst, but how many times have we seen accounts launched with attractive "headline"rates that then get reduced down the road? They do this to get to the top of the "best buy" lists and then change everything down the road.
I bet if you have a look at the terms and conditions on this offer, there will be get-out clauses, such as "we reserve the right to change our fees.....blah...blah".
OK, they have to protect themselves against interest rate changes, etc, but they have systmatically abused this system for a long time.
Absolutely agree with you.
__________________
The butterfly counts not months but moments, and has time enough. ~ Rabindranath Tagore
Amethysts opinions are her own. Advice is given without liability.
I carry the dust of a journey, that cannot be shaken away, It lives deep within me, for I breathed it every day....
Re: Abbey first to launch Fee Free banking - for mortgage customers only...
So far, the only expiring "offer" on the account is the 6% interest that will be given whilst the account is in credit. This offer is available for the first 12 months only, we await the T&C's before knowing anything else.
Re: Abbey first to launch Fee Free banking - for mortgage customers only...
Interestingly Santander have put two examples of situations where charges may apply in their T&C's - The OFT implementation group are pushing for a standard SEVEN examples in all banks T&C's. So all banks have same examples and it makes it easy to compare. No example on the Zero account tho - which I think would be, ummm Zero and 12.9% for the overdraft (whether advance or instant)
Quote:
Example 1 of how our fees operate
You have no Advance Overdraft set up on your account. At the start of the month you make a cheque payment for £18.99, which we pay and causes your account to go £12 overdrawn. The next day you make a card payment for £8, which we pay and causes your account to go £20 overdrawn. The following day a direct debit for £200 is presented to us, which we also pay, causing your account to be £220 overdrawn.
In this example you would be charged:
An Instant Overdraft Request Fee of £15 for the cheque payment
An Instant Overdraft Request Fee of £5 for the card payment
An Instant Overdraft Request Fee of £35 for the Direct Debit
An Instant Overdraft Monthly Fee of £25 for using the Instant Overdraft service
Interest would be debited at a rate of 28.7% EAR (variable) for the Instant Overdraft
Example 2 of how our fees operate
Your balance at the start of the day is £100 and you have an Advance Overdraft set up on your Preferred Overdraft account for £300. A cheque that you have written for £800 is presented to us that day, which we pay. A direct debit from your account for £450 is also presented to us that day, which we do not pay.
In this example you would be charged:
An Instant Overdraft Request Fee of £35 for the cheque payment
An Instant Overdraft Request Fee of £35 for the Direct Debit
An Instant Overdraft Monthly Fee of £25 for using the Instant Overdraft service
Interest would be debited at a rate of 28.7% EAR (variable) for the Instant Overdraft of £400 and the Advance Overdraft of £300.
__________________
The butterfly counts not months but moments, and has time enough. ~ Rabindranath Tagore
Amethysts opinions are her own. Advice is given without liability.
I carry the dust of a journey, that cannot be shaken away, It lives deep within me, for I breathed it every day....
Re: Abbey first to launch Fee Free banking - for mortgage customers only...
there we are
Hi Sharon
Siobhan has asked me to respond to your query on the Zero account.
Where we state Fair Usage in the special conditions this only refers to the Banker's draft, counter cheque fee and Stop payment of a cheque. i.e. there are no limitations on the number of transactions that may or may not be construed as an Instant Overdraft Request.
If you need any more info, please let me know.
Regards
Steve
Steve Gracey
Senior Media Relations Manager
__________________
The butterfly counts not months but moments, and has time enough. ~ Rabindranath Tagore
Amethysts opinions are her own. Advice is given without liability.
I carry the dust of a journey, that cannot be shaken away, It lives deep within me, for I breathed it every day....
Seagulls Rule OK !
The Following User Says Thank You to Amethyst For This Useful Post:
Re: Abbey first to launch Fee Free banking - for mortgage customers only...
The fee-free account was launched in January for those with a Santander mortgage and from today is also available to those holding a Santander investment product, or prepared to set one up.
You are eligible if:
You have a mortgage with us that is not in arrears, or an investment with Santander ISA Managers Ltd, Santander Portfolio Management UK Ltd or Santander Unit Trust Managers Ltd; and
it is your main current account and you pay in a minimum of £1,000 each month; and
you switch your current account using the Account Transfer Service (new current account customers only).
__________________
The butterfly counts not months but moments, and has time enough. ~ Rabindranath Tagore
Amethysts opinions are her own. Advice is given without liability.
I carry the dust of a journey, that cannot be shaken away, It lives deep within me, for I breathed it every day....
Seagulls Rule OK !
The Following User Says Thank You to Amethyst For This Useful Post: