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FSA waiver

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  • FSA waiver

    Re statute barring claims - think they said exact same as natties reply but posting it anyway



    Thank you for your email sent on 11 March 2009.

    Your enquiry

    I understand that you would like the Financial Services Authority (FSA) to confirm one of the terms of the waiver in connection with time barring of complaints regarding unauthorised overdraft charges.

    Our response

    I would like to thank you for contacting us regarding this issue.

    You can complain now or you can wait until the test case process has been resolved. Your complaint will be recorded and stored. Your bank or building society will still have to acknowledge your complaint promptly and keep you updated on developments in the test case process. We have protected your rights by making it a condition of the waiver that complaints will not be time-barred. In effect, the clock stopped on 27 July 2007. For example, if you are applying to reclaim charges for the last six years and the waiver was in place for two years, those two years would not count in the overall six years.

    Background to the bank charges test case

    As you may be aware, there has been uncertainty about whether charges relating to unauthorised overdrafts were fair. This meant that complaints made by customers were being determined, but with inconsistent outcomes for customers. Some customers were successful but others with similar complaints weren't. Also, there had been continuing and significant increases in the number of claims made by customers. This is the reason why the Office of Fair Trading (OFT), seven UK banks and one UK building society initiated a test case in the High Court.

    The Court has confirmed that the fairness of charges has not yet been determined, but the OFT has the authority to investigate the charges (subject to appeals).

    Most complaints about unauthorised overdraft charges are affected by this current investigation, and are likely to be placed on hold until a decision about charges is made. However, some customers facing difficult financial circumstances may still have their complaints reviewed.

    I have attached a link to our website giving further information on complaints about unauthorised overdraft charges. You may wish to save this link for future reference as the webpage will be updated when new information is available on this issue

    Unauthorised overdraft charges : FSA Money made clear – News


    We recommend that consumers should review this information, as the answers to most enquiries appear online/here. However, if you require any additional help with your enquiry, or you have any further questions, please call our Consumer Helpline on 0845 606 1234 (call rates may vary) between 8am and 6pm Monday to Friday.

    I hope that you find this reply helpful.

    Yours sincerely

    P Jones (Mr)
    Customer Contact Centre
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

  • #2
    Re: FSA waiver

    I think you are right....

    Comment

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