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EU Commission Releases Report Slamming Opaque Bank Charges

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  • EU Commission Releases Report Slamming Opaque Bank Charges

    Date: 22 Sep 2009 - 17:26
    Source: European Commission

    There are widespread problems with the way banks inform and advise their customers according to a European Commission report on retail financial service published today. Specific problems include information which in many cases is difficult to understand, opaque bank fees, problems with advice and low levels of switching.
    The report describes the price structures of current accounts as "very opaque making it almost impossible for consumers to know how much they are paying and to compare different offers." For 66% of banks surveyed, bank fees were so unclear that experts compiling the report needed additional explanatory contacts with the bank to find the real costs of an account. Austria, France, Italy and Spain score poorly on transparency and are among the most expensive countries for banking accounts. The EU market is fragmented depriving consumers of the advantage of an EU Internal Market. Only 9% of EU consumers switched current accounts for the two years 2007-2008.


    EU Consumer Commissioner Meglena Kuneva said: " Retail bankers are letting consumers down. There is widespread evidence that basic consumer principles are being violated with problems from complex pricing to hidden charges and information that is unclear and incomplete. Banks need to put their house in order with a culture change in the way they treat customers. And Member State Authorities need to fulfil their obligation to enforce EU consumer laws.
    Internal Market Commissioner Charlie McCreevy said: “This consumer market monitoring shows the difficulties that consumers face in their dealings with retail financial products and services. The Commission is determined to combat those problems. That means imposing transparency with understandable and comparable information and setting the ground rules for the conduct of business. As Europe's citizens continue to feel the effects of the economic crisis, this work has become even more important."
    The reports
    As a follow up to the Consumer Market Scoreboard 2008, the Commission published today a Staff Working Paper "Follow up in Retail Financial Services to the Consumer Market Scoreboard," with an independent bank fees study analysing the prices of accounts for 224 banks covering on average 81% of the EU market.
    The results


    1. Opaque bank fees
    *
    The fee structures of current accounts are often opaque. Almost a third of consumers surveyed are not able to compare current account offers.
    *
    Online price information is incomplete. In two out of three cases (66%), experts compiling the bank fees report needed additional contacts with the bank to clarify the pricing information on fees. Even then, banks in many situations only offered oral information on their tariffs, but refused to send tariff lists. Around 10% of the banks had little or no price information available on their websites and 33% had incomplete price information in their tariffs.
    *
    In some EU countries, consumers pay considerably more for current accounts than in others. The prices of accounts with average usage range from as high as € 253 in Italy to as low as €27 in Bulgaria. For "intensive" users, the difference is even clearer: from a maximum of € 831 in Italy to a minimum of € 28 in Bulgaria. Austria, France Italy and Spain score poorly on transparency and are among the most expensive countries for banking services. Bulgaria, the Netherlands, Belgium and Portugal secure low rankings, in terms of current account prices.
    *
    Consumers in countries with opaque price structures are likely to pay more for bank accounts.

    2. Information and advice
    *
    Consumers find pre-contractual information, in many cases, difficult to understand; “ incomprehensible” and “insufficient” information are major obstacles to cross border shopping of financial services .
    *
    79% of EU citizens want clear and comparable standardised information as for instance foreseen in the new Consumer Credit Directive.
    *
    There is growing evidence that consumers often do not obtain suitable advice on financial services. For example, German data show that consumers terminate 50-80% of all long-term investments prematurely because of inadequate advice, leading to estimated loss of € 20-30 billion a year.
    *
    Those selling financial products may not have sufficient understanding of the products to effectively advise consumers. Bank employees may often be faced with an inherent conflict of interest.

    3. Switching
    For current bank accounts, switching rates remain low at 9% for 2007 and 2008, compared for instance with 25% for car insurance.
    What happens next?
    The evidence will feed into the ongoing work in the area of retail financial services that the Commission has announced in the Communication "Driving European Recovery" March 2009. The EU's Unfair Commercial Practices Directive already prohibits practices which mislead consumers and distort choice, for instance omitting information linked to bank accounts or giving so unintelligible information that the average consumer cannot work out the price. Member States have an obligation to enforce these laws in financial services. Industry (voluntary) common principles to facilitate bank account switching will apply on November 1st 2009. The Commission will monitor implementation carefully.

    The report can be found in full amongst some other very interesting reports :

    EUROPA - Consumer Affairs - Rights - Financial services

    The specific report into banking services is here http://ec.europa.eu/consumers/rights...ervices_en.pdf

  • #2
    Re: EU Commission Releases Report Slamming Opaque Bank Charges

    follows on from ...

    Banking fees 'incomprehensible'

    Banks face possible EU action over fees
    #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

    Comment


    • #3
      Re: EU Commission Releases Report Slamming Opaque Bank Charges

      Some key quotes from the report

      58 While in the rest of the EU banks gain profit more on the basis of fees for services, UK business models are often built on profits generated from penalties.

      Even for the experts undertaking the research it was difficult to untangle the pricing structures offered by the financial services providers on their websites.
      In 69% of all cases, clarification had to be sought in a follow-up check with the provider in question.

      A 2008 study by the UK Office of Fair Trading found that consumers basically do not know what they were paying in bank charges, either before or after they were incurred. Over threequarters of consumers did not know the credit interest rate of their current account. Two thirds of consumers did not know what their bank charged for an unarranged overdraft. Overall, the report found that the personal current account market was set up in a way which placed consumers at a disadvantage compared with their provider.

      Complexity is somewhat correlated with lack of transparency and for some countries there may be a link to high fees. For example there are higher than average debit card charges in France, credit transfer fees in Greece or overdraft fees in the UK, all countries with less transparency. Austria, France, Italy and Spain all score poorly on transparency and are among the most expensive countries for banking services. At the other extreme, the Netherlands, where banks rely mostly on fixed annual fees, are more transparent and at the low end of banking costs.

      Further efforts are needed in order to achieve a single market where consumers are able to shop for the best offer of current bank accounts at EU level.

      A fundamental legislative measure in place addressing payment services is the Payment Services Directive (PSD)69 which is due to be transposed in the Member States by 1 November 2009. Title III of the PSD70 aims to lay down rules on the transparency of conditions and information requirements for payment services. The PSD will lead to more transparent information (e.g. on the cost of a payment service) and the elimination of hidden costs (e.g. value dating). The Directive provides for harmonised requirements in order to ensure that necessary and
      sufficient information is given to the customer. Together with the general information concerning the payment service, the provider is obliged to inform the clients about all the
      relevant details of the payment for every single transaction in particular charges, interest and exchange rates71. When changes in charges and conditions are proposed by payment
      institutions, specific rules allow consumers to close the account free of charge if they disagree with these changes after they have been notified of these changes two months in advance. In
      general, the closure of any account is free of charge if the account has been open for more than one year.

      The UCP Directive is a horizontal Directive and therefore also applicable to bank fees. For example, the calculation of the price should be provided in a clear, intelligible, unambiguous
      and timely manner, otherwise prices will be considered misleading and thus in breach of the Directive. The trader should not omit, wholly or partially, information which is necessary
      for a transactional decision. Equally it is also misleading and a breach of the Directive to provide false information or to deceive consumers even if the information is factually correct.

      The UCP Directive is a horizontal Directive and therefore also applicable to bank fees. For example, the calculation of the price should be provided in a clear, intelligible, unambiguous
      and timely manner, otherwise prices will be considered misleading and thus in breach of the Directive. The trader should not omit, wholly or partially, information which is necessary
      for a transactional decision. Equally it is also misleading and a breach of the Directive to provide false information or to deceive consumers even if the information is factually correct.


      The Directive on unfair terms in consumer contracts also provides for some protection against unclear standard contract terms in relation to interest rates or overdraft charges. This
      Directive obliges a financial services provider to draft its terms and conditions in plain and intelligible language. Standard terms and conditions (including those setting interests rates or
      overdraft charges), which do not comply with this transparency requirement can be challenged if they are imbalanced to the detriment of the consumer. Terms which are found
      by a national court or administrative body to be unfair under the Directive are not binding on consumers. Furthermore, according to the Directive, a bank or any other financial institution
      should inform the consumer at the earliest opportunity about a change of the rate of interest due to the consumer. In this case the bank should give the consumer the possibility to
      terminate the contract immediately. Standard terms and conditions which do not comply with those requirements could be considered unfair.

      National courts and enforcement authorities are responsible for intervening against unfair commercial practices and unfair contract terms and applying effective, proportionate and
      dissuasive sanctions.
      For example, in Greece a €10 million fine was recently imposed on 17 banks for infringing consumer protection legislation rules by overcharging the use of credit
      cards. Moreover, a €1 million fine was imposed on a specific bank because of misleading information about financial products, in breach of the Greek legislation transposing the UCP
      Directive.

      As regards the UCP Directive, the Commission will report on its application by 12 June 2011, in particular also on financial services. The problem of enforcing fairness applies both at
      national and at cross-border level.

      Member States are invited to conduct a screening of the national bank fees situation.



      Will add more as I read through
      Last edited by Budgie; 15th October 2009, 11:10:AM.

      Comment

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