logo
   Web Issue 3275 October 11 2008   
spacer




It’s time for banks to pay back their ill-gotten gains

MIKE DAILLY

The credibility of UK banks has plunged deeper than Dante's Inferno. The shoddy lending practices of "sub-prime" specialists in the US witnessed a historic crash this year with consequential instability in the UK. With the crisis in full swing and the Northern Rock mooching a bail-out from the UK taxpayer, a journalist - posing as a first-time buyer - was offered a mortgage six times his salary from the Rock a few weeks ago.

The greed doesn't stop there. Banks have been generating huge profits from the widespread mis-selling of payment-protection insurance, rip-off mortgage exit fees and unfair bank and credit card charges. How many people now trust their high-street bank for financial advice? Without charges there will be no free banking, say the banks. Having set up the false premise, they pose a divisive question: should free banking be subsidised by fees charged to those who default?

Who says UK banking is free? Consider the evidence. A UK consumer backlash, led by free online communities such as moneysavingexpert.com and consumeractiongroup.co.uk has seen banks forced to repay hundreds of millions of pounds in unfair bank-charge refunds. The banks were haemorrhaging so much cash they needed the Office of Fair Trading (OFT) to sue them as an excuse to put a stay on consumer claims across the UK.

The British Bankers' Association (BBA) chief, Angela Knight, has justified bank charges by announcing that "people don't like parking tickets either, or speeding fines". True, but it was a democratically-elected parliament that introduced traffic fines for public health and safety reasons. Who gave the banks the power to fine people? When the bank charges campaign first gained momentum in 2006, the BBA argued that charges reflected actual cost.

I debated this issue with the BBA's former chief, Ian Mullen, on BBC Radio 4's MoneyBox in February 2006. Mr Mullen claimed that every time a transaction was declined there was a bank employee sitting in an office somewhere in the UK, on a 24/7 basis, looking through a customer's file and deciding what to do - in other words it really did cost £39 to send a letter. As most charges were automated computer-generated letters, this argument was nonsense.

In 2007, the banks embraced a new defence: the "service fee". Many banks have now changed their contractual terms and conditions so that "charges" are replaced with "fees" for a "service". This is the banks' core defence to the OFT's test case which will hear preliminary legal argument at the High Court in London over eight days in January.

Consider what happens when you go over your overdraft limit. You have a direct debit due to come off tomorrow. It will come off at midnight. If you have insufficient funds the bill will not be paid and this will be handled by the bank's computer system - just like the hundreds of millions of automated banking transactions that take place every year in the UK.

Yet with the substitution of a few words, the banks now say any transaction exceeding an agreed limit is an "informal request for a new overdraft". In considering whether to grant this request they will charge a fee. The typical fee for a nanosecond of computer time to reject your payment is £39. Can duplicity and doublespeak sink any lower?

Let's scorch a few myths. First, UK banking has never been free. Most ordinary citizens will have paid for banking services a thousand times over in rip-off scams and charges. Secondly, "fees" charged to those in default are not designed to pay for the "costs" of universal banking. They are designed to generate obscene profits - a mark-up of 1560% per transaction to the bank (based on a conservative baseline cost of £2.50 for a charge levied at £39 per item).

There is incontrovertible proof. While UK inflation over the past decade has been low - between 1.5% and 3.2% per annum between 1996 and 2006 - consider the trend for UK bank charges. In 2003, Halifax Bank of Scotland's (HBOS) standard bank charge was £20 per item. In 2004 it jumped to £30, and to £39 per item in 2005. Meanwhile, the monthly charge for an unauthorised overdraft rose from £15 in 2003 to £28 from 2004 onwards.

These increases represent real-money increases of 95% and 87% as against inflation of 5.9% and 2.9%, respectively. The icing on the HBOS cake is the fact it charges £6 per bank charge letter in the Republic of Ireland as against £39 in the UK. The banks have treated the British public with contempt. Who pays the most bank charges in our society?

Low-paid, hard-working families and individuals, citizens on welfare benefits, and people who have fallen ill or are going through painful relationship breakdowns.

Why is this important? Try getting your salary, tax credits or welfare benefits paid without a banking account. Banking is now an essential service - like water and electricity - and the banks have a monopoly. It is not right to exploit the vulnerable to generate ever increasing profits.

We need UK law reform to protect these citizens and the Financial Services Authority must lift its claims waiver early next year so that bank-charge complaints can be processed and people can obtain refunds.


  • Mike Dailly is principal solicitor at Govan Law Centre in Glasgow, and the author of www.bankcharges.info website.

    Ron Ferguson is on holiday.


  • © All rights reserved. Reproduction in whole or in part without permission is prohibited.



    Posted by: T. Watson, Inverness on 4:14am Mon 19 Nov 07
    Excellent article, Mike, and long overdue.

    The whole banking structure and banking regulation is a gift to rip-off institutions at the expense of the general public.

    But we need more than just a tinkering with rates and charges. The whole nation needs to benefit from profits made by financial houses on the backs of those small businesses and house buyers who have to suffer from decisions beyond their control. And those profits should be ploughed back to the public in the form of lower interest rates and bank charges.

    After all it is our own governments that give these banks a carte blanche to milk the customers. And our national currency and its support should both be made to work for the good of all, - not just a few Bank Directors and shareholders.
    Posted by: donald, glasgow on 7:06am Tue 20 Nov 07
    What happened to the oak panelling of the old BoS that the new tatty Halifax chipboard salesperson chipped oot?
    Posted by: CJ71, Glasgow on 12:23pm Thu 22 Nov 07
    It is indeed an excellent article, but for the unassailable truth that financial institutions in the UK are NOT public services, but businesses who are guided, as all business are, by the profit motive.

    If you want the financial sector to act like a public service, the there is only one answer - make them a public service!
    Posted by: David griffiths, Darlington on 12:45pm Sun 25 Nov 07
    " It is indeed an excellent article, but for the unassailable truth that financial institutions in the UK are NOT public services, but businesses who are guided, as all business are, by the profit motive. "

    That would be true were it not for the little sentence banks put into thier contacts stating that the contract is governed by english law.

    It seems to me you are saying that, whatever the cost, whatever the consequences, it is ok for business to chase profit?

    I don't like your world and I believe this is why we have laws.
    Posted by: Robertson Holbrook on 4:40pm Thu 29 Nov 07
    well said, interesting that republic of Ireland charges are £6 against £39 in UK mmmm Surly tey must be running at a loss in Ireland (NOT) !!!
    Posted by: R Alexander, Devon on 6:57am Tue 4 Dec 07
    There is a huge rise in the fight against unlawful bank charges.
    I myself have had 6 years worth repayed by Barclays, thats £2.500.
    For more info check out :- consumeractiongroup.
    co.uk
    This is a nonprofit making website designed to help all consumers

    Lex
    Posted by: SL, Preston on 9:08am Tue 4 Dec 07
    Who's Ron Ferguson?
    Posted by: Ella, Yorkshire on 10:57pm Mon 17 Dec 07
    Just this morning my youngest son emailed me t say he was £500 short this month as he was leaving his job (for a better ne) but he had used too much holiday so it had been deducted from final salary at short notice (not t omention Christ,mas). This meant a dd was due at his bank (Lloyds) and it sent him £14 overdrawn. He had an automated letter saying they had slapped a £15 mnthly fee on and it was rising by £6 every day it was over. They claimed they had tried to ring him but no call was received. As he has kept his account in good order he was livid. We moved him same cash ac ross to stop the rot and he has written telling them that when he moves t his better paid new jb in January he will be using another bank and he wants these charges restoring. He was fortunate he could head it off but others may not even have £14 t spare. They are all an utter disgrace.
    Posted by: Max Strong on 10:52am Mon 7 Jan 08
    Hi, Please could someone kindly confirm if I can still claim my bank charges for the last 6 years. Or is the whole matter on hold with the courts at the moment?

    My email address is max69@tesco.net

    Many thanks in advance. Regards Max
    Add your comment
    Please note: to publish your comment you must be registered on this site. If you are already registered, please enter your details below.
    Email:
    Password:




    spacer
     IN YOUR AREA
     
    Travel Shop
    Airport Parking
    Travel Insurance
    Copyright © 2008 Newsquest (Herald & Times) Limited. All Rights Reserved   
    Sitemap :: Circulation :: Syndication :: Advertising :: About Us :: Terms of Use