Christine Seib
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The Office of Fair Trading (OFT) raised the pressure on the banking industry in its dispute over current account charges yesterday by threatening to drag high street lenders into another multibillion-pound court case if they do not agree to radical changes.
John Fingleton, chief executive of the OFT, said that retail accounts were not serving customers well. He hoped banks would heed his pleas to make banking cheaper and simpler, but added: “We won't shy away from litigation if we need to use it”.
The banking industry is midway through a legal battle with the OFT over what constitutes fair overdraft charges. A loss could cost the banks £10 billion in compensation. Further litigation would introduce uncertainty over banks' profits at a time when the sector is struggling with falling mortgage sales and competition for savings.
Mr Fingleton added that he would consider referring the banks to the Competition Commission, which could compel changes on the industry.
Yesterday the OFT released the findings of a year-long inquiry into current accounts, which has run concurrently with its court case on overdraft charges. It found that a big minority of bank customers did not know how much they paid in bank charges. It found that 1.4 million people paid more than £500 in charges in 2006. That year's figures were used because they were the most complete set available.
These charges were hitting what it called vulnerable low-income earners, because the banks offered no simple way for consumers to control or opt out of an unauthorised overdraft, the OFT said. This meant that poor people subsidised banking for rich people who were less likely to incur charges.
Mr Fingleton derided the banks' claims that Britain had free banking. “We are saying clearly that banks earn £152 per active bank account. It is not free and even people who get closest to free banking have to walk a careful tightrope to avoid charges,” he said.
More than 75 per cent of people do not know the credit interest rate on their account and the complexity of accounts made it difficult to compare them, the OFT said. Only 6 per cent of customers surveyed by the watchdog switched their account in the past 12 months, making Britain's one of the lowest switching rates in Europe.
The damning findings come in the wake of the OFT's recent High Court win over the banks on the legality of unauthorised overdraft charges. Banks have appealed against the verdict and a second hearing on whether the charges are unfair and what is a fair charge has been delayed until the appeal is heard in the autumn.
The Financial Services Consumer Panel said that the OFT's findings were a “damning indictment”.
Banks rejected the accusations. Angela Knight, chief executive of the British Bankers' Association, said that the OFT's £152 revenue figure was contrived, adding that if the OFT continued to push for unauthorised charges to be cut, banks would be forced to recoup their costs by raising other fees.
Ms Knight said: “They have made assumptions that do not work on the basis of what individuals do with their accounts. There does not seem to be fair balance in the report. Where is the evidence about the cost of running 11,000 branches, half a million staff, call centres and other services?”
Catherine McGrath, director of current accounts at Lloyds TSB, described competition in that market as “fierce”.
How the charges rack up
£8.3bn Revenue made by banks on current accounts
£2.6bn Revenue from overdraft charges
£4.1bn Revenue from interest on overdrafts
£152 Revenue on each active account
0.5% Interest paid on 88 per cent of current accounts
£680 Average daily unauthorised overdraft balance
12.6m Number of people who incurred at least one unauthorised overdraft charge
6.6m Number who paid up to £100 in charges
1.4m Number who paid up to £500 in charges
Source: Office of Fair Trading, All figures for 2006
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I have over £2500 in bank charges and becuase cases have been put on hold I am still 18 months on waiting for the decision. It is a disgrace that a decision is not made and the consumers are paying the cost still as charges continue to be made.
christine golson, thetford, norfolk.
I have over £3000 of bank charges in the last six years, i have trouble making ends meet at the present time, my bank does,nt want to repay any untill test case is resolved how much longer do we have to wait.
j raybould, bromsgrove, uk
It is up to us as indivivduals to run our accounts correctly, when you take out an accoutn read the small print read the charges list. Take responsibility for your own actions & dont blame others for your lazyiness or inability to run your account. Yes i too have charges occassionally.
mark, plymouth,
NatWest failed to pay a £22 direct debit and yet charged me £38 ,taking the account into overdraft. So they were happy to allow an overdraft to pay their fees, yet not happy to allow a £22 overdraft. That cannot be fair.
alex, london, uk
Lloyds stated when the first court case went ahead that they had lowered the charges. But they are lying when you have an unauthorized overdraft they charge £15.00 and £6.00 for every day there after. They do not tell you till two days after and by then you have racked up £27.00 which is worse.
Susan Mccutcheon, Bishop Auckland, Durham
"All the Banks have to do to remove the problem of charging for unauthorised use of overdrafts is not to honour any payment for which there are insufficient funds in the Account"
Well at the moment Natwest charge £38 for NOT paying a DD, how can that be justified? A fee for doing nothing???
David, Darlington,
If a bank honours a payment, perhaps a cheque or debit card purchase I can see they have taken on additional risk. Perhaps they should improve the system so this option is not open to the customer. If I use an ATM and the funds aren't in my savings account I don't get funds and I don't get charged
David, Darlington,
Much of this comment misses a crucial point. Many customers simply do not know how to monitor and control their accounts or to handle money. But they have to have accounts to receive their pay.
The Banks are so driven by the profit motive that service, including advice, has long since gone.
John Duncan, London, UK
Come on Judiciary, Come on OFT wake up and smell the coffee! How much are the Banks saving by people NOT registering their claim due to confusion and apathy with the Test Case. Customers have nothing to lose by registering their claim and everything to lose by not.
Clever Bankers !
Tim Russell, cardiff, Wales
Terry From Kendall, did your "Free Banking" include 5 days to clear a cheque ? Deposit rate Interest on Credit balance on your Current account ? 3 Days to clear a BACS payment ? Best advice on financial products availiable on the whole market? Dont kid yourself. You've paid!
Tim Russell, cardiff, Wales
All the Banks have to do to remove the problem of charging for unauthorised use of overdrafts is not to honour any payment for which there are insufficient funds in the Account . It's the Account holders who will then have to monitor and control their own Accounts.
Ed Corbett, bridgend, wales
I'm all in favour of banks penalising people who are unable to handle their money. The revenue they raise from this allows the banks to provide responsible and sensible account holders such as myself, with a free banking service. I haven't paid any bank charges since opening my account years ago.
Terry Kendall, Walsall,
Compare them to "Bank of Scotland"!, who pay interest on your Balance @ a "Reasonable Rate"! not .01%!
Paul, Newtown, Powys, UK
It's not just the banks that are levying questionable charges. If you are unfortunate enough to be "in the red",and a bill is not paid, look out for a hefty penalty charge from your dissapoinined creditor as well. These charges also need examination
Lawrence Wayne Butler, Pontypridd, Rhondda Cynon Taf