Banks» terms and conditions which impose charges on customers
for unauthorised overdrafts are subject to the test of fairness in the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999), the High Court has ruled.
The question before the court was whether the Office of Fair Trading (OFT) was permitted to investigate the fairness of bank charges levied
for unauthorised overdrafts and other related charges under reg 6 (2) of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 / 2083)(the regulations).
● However, the charge applied by banks
for an unauthorised overdraft is not «the price or remuneration» for the service within Regulation 6 (2)(b), and so is not exempt from any consideration of fairness.
Not exact matches
Daniel Kelly, the Creditor Relations Analyst from Christians Against Poverty spoke to Premier during News Hour and welcomed the news saying: «We've been asking
for a lot of this dialogue on
unauthorised overdrafts, in terms of how they work.
And while it may seem like a good idea, using an
unauthorised overdraft to pay
for an urgent cost might actually not be.
A rookie barrister has lost his landmark legal battle to force NatWest bank to justify its fees and to cough up damages
for taking # 2,500 from his account in
unauthorised overdraft charges.