UK banks, and many of their customers will be kept waiting until August for an outcome to the bank charges debacle, as the Law Lords have delayed a final decision on the matter until later this year.
A substantial amount of money is at stake, with the UK banks currently earning more than £2 billion a year from charges and fees levied against their customers accounts.
The news of a delay in the final decision has caused concern amongst IVA advice specialists and debt management providers, who are worried that more consumers could be forced into insolvency as they await the outcome. Many thousands of people have fallen into financial difficulty since the start of the recession and in some cases, bank fees and charges make up a large part of their debt. If it transpires that these fees do not need to be repaid, then it could help indebted consumers avoid insolvency.
The battle between the OFT and the banks has been raging for two years, and around a million refund claims, from bank customers, have been kept in limbo. Some people are worried that the Law Lords decision could still not bring the matter to an end. The matter, or at least some of the issues, could be referred on to the European Court of Justice.
The Lords presided over a 3 day hearing in the House of Lords, where they heard arguments from barristers representing the banks and the OFT. The banks were represented by Jonathan Sumption QC, who squared up against Jonathan Crow QC for the OFT.
The banks argument was that the OFT did not have the power to scrutinise bank charges, regardless of whether they thought that they were fair or not. The OFT countered, saying that they were not only worried about the size of fees, but also the way in which they were charged.
If the decision goes in favour of the OFT, then this could spell major problems for the banks, which could involve having to reduce the fees that they charge in the future. They may also be required to refund bank unfair charges to their customers and with a million eager claimants waiting in the wings, the bill could be astronomical.
Once the matter has been resolved, or if the matter is ever resolved, TCF regulation of the banks will be in the hands of the Financial Services Authority. The FSA will take over formal regulation of the way in which customers are treated by the banks, sometime in November this year.