Retail banks successful in unarranged overdraft charges test case
The ruling, OFT v Abbey National & Ors [2009] EWHC 36 (COMM) concerns the terms relating to overdraft facilities of certain historic current accounts of Lloyds TSB, RBS and Abbey National PLC. Mr Justice Andrew Smith held the historic terms applying to accounts at Lloyds TSB and three out of four at RBS Group were not capable of amounting to penalties at common law.
The OFT launched its test case against the banks in July 2007. The case, on whether the fairness rules of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) apply to unarranged overdraft charges and whether these amount to penalties at common law, is part of the OFT’s wider investigation into the fairness of unarranged overdraft charges. Peter Clough, head of disputes at Osborne Clarke, says: “This ruling will offer some comfort for the retail banks. Given the turmoil in the banking sector had not kicked in when this litigation started, it will be interesting to see whether the OFT now pushes forward with an appeal.”
Mr Justice Andrew Smith also ordered
