Bank charges: Banks confirm 'unfair charges' appeal

Account providers to appeal ruling which opened the door for consumers to reclaim billions of pounds

Current account providers are to appeal a court ruling over overdraft charges that looked set to allow consumers to reclaim billions of pounds, it was confirmed today.

Last month, a high court judge ruled that the charges came under the Unfair Terms in Consumer Contracts Regulation 1999, following a test case between the Office of Fair Trading (OFT) and eight account providers.

The ruling opened the door for the OFT to challenge the controversial fees, which are charged when a customer goes over an agreed overdraft limit or a cheque or payment is bounced.

Consumers had hoped this would lead to a cap on the fees and allow them to reclaim excess charges paid over the past six years.

However, the case will now go to the court of appeal and it could be years before it is resolved.

In the meantime, customers' claims to have their charges refunded look set to remain on hold.

The consumer group Which? said the decision to appeal was a "kick in the teeth" for consumers.

"It'll be at least another year before people start to get their money back, during which time the banks will hit us with up to £3.5bn in overdraft charges," said the group's chief executive, Peter Vicary-Smith.

"The banks should do the right thing now, throw in the towel and start reimbursing the customers they've been overcharging all this time."

According to the OFT, banks earn up to £3.5bn a year in unauthorised overdraft fees - nearly £10m a day. They charge up to £39 for each bounced payment, when the actual cost may be as little as £2.

Before the test case was announced last summer more than 1m reclaim letters were downloaded from websites by consumers hoping to reclaim charges.

In some cases, customers were able to win back thousands of pounds from the banks, who refused to contest the claims in court. Banks are thought to have repaid around £500m so far.

Since last summer the Financial Services Authority has allowed all current account providers to put complaints over charges on hold.

Contributor

Hilary Osborne

The GuardianTramp

Related Content

Banks may appeal charges ruling

Appeal expected against high court decision that looked to have opened the way for consumers to reclaim billions of pounds

Hilary Osborne

21, May, 2008 @11:22 AM

Bank charges case to go to appeal

Current account providers given right to appeal over bank charges

Press Association

01, Apr, 2009 @3:28 PM

Article image
Bank charges appeal reaches House of Lords
Banks ask law lords to overturn high court ruling that says the charges levied on unauthorised borrowing are unfair

Hilary Osborne

23, Jun, 2009 @12:01 PM

Article image
Appeal begins against bank charges ruling

Current account providers launch appeal against high court ruling on controversial bank charges

Press Association

28, Oct, 2008 @9:18 AM

Bank charges: Your rights
Where do you stand now that the Office of Fair Trading has dropped the bank charges case?

Sandra Haurant

22, Dec, 2009 @12:56 PM

Article image
OFT gives up unfair bank charges fight

• Supreme court ruling puts an end to overdraft fight
• Campaigner vows to carry on and switch his attack

Patrick Collinson and Graeme Wearden

22, Dec, 2009 @6:01 PM

Banks failing 'hard up' consumers over charges
Ombudsman reminds account providers of their duty to deal with bank charges claims of customers struggling to meet priority financial obligations

Lisa Bachelor

22, Oct, 2009 @3:01 PM

Bank charges decision due today

Court of appeal set to announce verdict on 'unfair charges' levied against bounced cheques and unauthorised overdrafts

Sandra Haurant

26, Feb, 2009 @8:55 AM

Article image
Customers in line for billions as banks lose unfair charges case

High court ruling means banks could be forced to return billions of pounds of overdraft fees to consumers

Hilary Osborne and agencies

24, Apr, 2008 @2:37 PM

Article image
Bank charges case dropped by consumer watchdog
Office of Fair Trading admits only limited chance of success in new legal case against fees levied on unauthorised overdrafts

Graeme Wearden

22, Dec, 2009 @12:01 PM