Probably the most convenient thread to park this one even though it is striclty, for now, neither a scam nor fraud. But the size of potential compensations makes it an interesting one to follow ... With the amound of money at stake, this can drag on for decades.
Are penalty charges bank robbery?
11 Dec 2006.
"Banks are making billions of pounds each year from penalty charges. But now the legality of these charges - which cost their customers an average of 30 a time - is being called into question and thousands of customers want their money back.
We have investigated why some campaigners claim penalty charges are illegal and what the banks and their regulators are doing about it.
Last year the top six High Street banks in the UK made an estimated 4.5bn from penalty charges. These are charges that are incurred for unauthorized overdrafts, bounced cheques and clearing Direct Debits when there are insufficient funds in the account.
The Campaigner
Stephen Hone is a young father of three and a law student based in Plymouth. When Stephen's bank, Abbey, removed 64 from his account for two 32 penalty charges he called his branch and asked them to pay it back.
"I was livid, I was really annoyed that they refused to give me the money back, the banks are always trying to say they're sympathetic," says Mr Hone. His bank pointed out that these charges were fair and within the terms and conditions of his contract. Mr Hone, however, believed those terms and conditions were unfair and therefore illegal.
Abbey offered to refund one of his charges.
The Legal Position
Stephen argued that under the Unfair Terms in Consumer Contracts Regulations (1999) all penalty charges have to truly reflect the cost of administering them.
They are not permitted to be a profit-making enterprise for any business. He believes if a penalty charge is higher than its administrative cost, it is illegal.
...
The highest cost banks could justify for bouncing cheques is 4.50
..."
4.5bn of penalty charges in one year would mean either we as a nation bounce LOTS of cheques (1bn?) or the banking admin and IT system is grossly insufficient, or banks made bn's from penalty charges ???
If the banks was found to have overchaged, by as much as 10 times, and had to refund the extra changes, then, one way or anther, we will all be made foot the bill.
I cannot see the banks are willing and perhaps would struggle to pay back 4bn x 6 years = 24bn + compound interests. In a way, we see how some banks are making such good returns andthus able to reward the shareholders, staff and executives ...