FOI1191 - FSA - Complaints figures under Waiver - Bank Charges - April 2009

[Amethyst]

Freedom of Information: Right to know request
Our ref: FOI1191

Dear Ms Coleman
Thank you for your request under the Freedom of Information Act 2000 (the Act), for the following information:

• “1. The number of complaints from personal current account customers since 27 July 2007.
  2. The total number of relevant charges complaints about which the firms have sent the complainant a final response since 27 July 2007.
  3. The total number of relevant charges complaints about which the firms have put on hold since 27 July 2007.
  4. The total number of relevant charges complaints where since July 2007;
  (a) complainant has claimed to be in financial difficulty;
  (b) the firms:
  • • • • (i) accepted a claim that the complainant was in financial difficulty;
          (ii) rejected a claim that the complainant was in financial difficulty; and
          (iii) the firm has not yet made a decision accepting or rejecting a claim of being in financial difficulty.
        
        
      
      (c) the firms have been notified by the Ombudsman that a claimant’s claim to be in financial difficulty is to be assessed by the Ombudsman.
    
    
  
  With regard to court stays on claims regarding unauthorised overdraft charges
  5. The total number of stays of relevant proceedings in the courts of England & Wales, Scotland and Northern Ireland in place for the firms since July 2007
  6. The total number of court proceedings involving the firms relating to unauthorised overdraft charges formally commenced, by way of service on the firms:
  (a) that have been stayed since July 2007;
  (b) in which a stay was refused since July 2007; and
  (c) in which a stay has been lifted since July 2007
  7. The total number of court proceedings involving the firms relating to unauthorised overdraft charges resolved since July 2007(whether or not previously stayed).
  8. The average number of business days taken by the firm from the point that a claimant claims to be in financial difficulty to the time that the firm makes a decision to accept that the complainant is in financial difficulty in respect of those relevant charges complaints where the firm has made such a decision since July 2007.
  9. The total number of complaints received by the FSA since July 2007 with regard to breaches of the FSA waiver terms since July 2007.”

On 17 March 2009, we advised that the cost of complying with question 9 would exceed the amount set out in regulations made by the Department of Constitutional Affairs (now the Ministry of Justice). You confirmed that you were content for us to proceed with responding to questions 1-8.
On 20 March 2009 you requested that the figures for question 4 be broken down for July 2007 to July 2008 and from July 2008 to date. We explained that we are able to provide a breakdown for July 2007 to August 2008 and from September 2008 to November 2008. You agreed with this format.
Your request has now been considered and the relevant information is provided below. Please note that the most recent figures we have for all firms with the waiver are as at 30 November 2008. These are used in the answers below.
1. The number of complaints from personal current account customers since 27 July 2007.
878,924 (assessed as falling into the category of a relevant charges complaint)
2. The total number of relevant charges complaints about which the firms have sent the complainant a final response since 27 July 2007.
1,130
3. The total number of relevant charges complaints about which the firms have put on hold since 27 July 2007.
972,565
4. The total number of relevant charges complaints where since July 2007;
(a) a complainant has claimed to be in financial difficulty;

• • • 27 July 2007 to 31 August 2008: 68,519
      01 September 2008 to 30 November 2008: 29,148
      Total: 97,667
    
    
  
  

(b) the firms:
(i) accepted a claim that the complainant was in financial difficulty;

• • • 27 July 2007 to 31 August 2008: 16,587
      01 September 2008 to 30 November 2008: 8,008
    
    Total: 24,595
    
    • • • Note 1: One firm could not provide this data for the period 27 July 2007 to 31 July 2008 and provided information for August 2008 only.
        
        
      
      (ii) rejected a claim that the complainant was in financial difficulty; and
      27 July 2007 to 31 August 2008: 14,390
      01 September 2008 to 30 November 2008: 9,905
    
    Total: 24,295
    
    • • • Note 1: One firm could not provide this data for the period 27 July 2007 to 31 July 2008 and provided information for August 2008 only.
          Note 2: We are aware that this category includes some cases where consumers did not provide information requested by the firm in order to assess their claim but we do not collect this number separately.
        
        
      
      (iii) the firm has not yet made a decision accepting or rejecting a claim of being in financial difficulty.
    
    
  
  

11,498

• • • • • Note 1: We are aware that this category includes some cases where consumers have not provided information requested by a firm in order to assess their claim, but we do not collect this number separately.
        
        
      
      
    
    
  
  (c) the firms have been notified by the Ombudsman that a claimant’s claim to be in financial difficulty is to be assessed by the Ombudsman.

1,926
With regard to court stays on claims regarding unauthorised overdraft charges:
5. The total number of stays of relevant proceedings in the courts of England & Wales, Scotland and Northern Ireland in place for the firms since July 2007.

• We do not have figures from July 2007. However, 26,914 were recorded as at 30 November 2008.

6. The total number of court proceedings involving the firms relating to unauthorised overdraft charges formally commenced, by way of service on the firms:

• (a) that have been stayed since July 2007;
  • • We do not have figures from July 2007. However, 26,914 were recorded as at 30 November 2008.
    
    
  
  (b) in which a stay was refused since July 2007; and
  
  • • We do not have figures from July 2007. However, 4 were recorded from August 2008 to November 2008.
    
    
  
  (c) in which a stay has been lifted since July 2007.
  
  • • We do not have figures from July 2007. However, 8 were recorded from August 2008 to November 2008.
    
    
  
  

7. The total number of court proceedings involving the firms relating to unauthorised overdraft charges resolved since July 2007(whether or not previously stayed).

• We do not have figures from July 2007. However, 58 were recorded between August 2008 and November 2008.

8. The average number of business days taken by the firm from the point that a claimant claims to be in financial difficulty to the time that the firm makes a decision to accept that the complainant is in financial difficulty in respect of those relevant charges complaints where the firm has made such a decision since July 2007.

• We do not have figures from July 2007. However, for the month (or quarter) ending November 2008, it was 18.71 days (this represents the average of the number of days reported by all 28 firms)

If you have any queries then please contact me.
Yours sincerely

S. Spies (Mrs)
Information Access Team