Statement from Alliance & Leicester to it's customers

[hornster]

couldn't find this listed anywhere else on here, so i apologise if it is.

i do not know when this message was posted on their website, but i thought it may be of interest to a lot of people, so have included it below.

 

Test Case - Unauthorised overdraft charges - update

 

What is happening?

 

On 27th July, the Office of Fair Trading (OFT) and eight UK current account providers started a court case to decide on the legality of unauthorised overdraft charges.

The case is being called a 'test case' because the decision will clarify the law in this area and is likely to apply to all current and new claims against current account providers about unauthorised overdraft charges.

Whilst Alliance & Leicester plc is not one of the current account providers directly participating in the test case, this is an issue where our customers, as well as the entire financial services industry would welcome legal clarity. We will continue to post updates on our website to keep customers informed of progress on the test case as this could run for at least a year.

What does it mean for customers?

 

Customers with a complaint outstanding

The complaint will remain with Alliance & Leicester; normal time processing rules will not apply. Complaints will be dealt with as quickly as possible once the test case is concluded.

Customers who have just been made an offer relating to their complaint

Customers will have two months to decide whether to accept the offer we made or to wait for the outcome of the test case. If customers choose to accept the offer, it is unlikely that they will be able to complain again later regardless of the outcome of the test case. If they choose to wait for the outcome of the test case, they will not be able to take up our original offer and will only deal with the complaint once the test case is concluded.

Customers who may wish to complain from today

Customers can still complain now or they can wait until the test case is complete - they will not be disadvantaged. The complaint will be recorded by us and will be dealt with as quickly as possible once the test case is concluded. The FSA still require any new complaints to be acknowledged within 5 days.

Customers for whom Scotland is the most likely jurisdiction

Customers may choose to take their complaint to the FOS or the courts in Scotland. The right to refer the complaint to the FOS will not be affected. However, if the customer wants to bring a claim to the courts in Scotland, the timing of when the claim is raised may be important. They are advised to seek independent advice on filing a claim now to protect their rights (although a court fee will be payable).

Customers who have already had a settlement and think they may want it reviewed

A full and final settlement stands. In some exceptional circumstances the complaint can be reviewed. Consumers can still complain about new charges incurred.

Customers who have received a final response from us which does not include an offer

Customers still have the option of complaining to FOS. However, like other current account providers, we have also requested that the FOS does not consider any complaints about charges for unauthorised overdrafts until resolution of the test case.

Customers who are in very difficult financial circumstances - 'hardship cases'

Alliance & Leicester will conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS.

Customers who want to complain Alliance & Leicester about other issues

Customers can continue to use the existing complaints process to seek redress about other financial matters, such as insurance, mortgages and current accounts. However, if their complaint relates to the level, fairness or unlawfulness of unauthorised overdraft charges, that element of the complaint will be registered but not dealt with until a resolution has been achieved.

How long will the test case take?

 

At this time it is too soon to give any exact timescales for a conclusion to the test case but it could go for more than a year. The announcements from the OFT and FSA indicate all parties have agreed to conduct the test case in an efficient, prompt and orderly way.

Where can I find out more?

 

We will post updates on the test case on our website and in accordance with the FSA's complaint handling rules, we will write out to customers to keep them advised of progress on their complaint.

Can I complain to the Financial Ombudsman Service about my bank charges?

 

The Financial Ombudsman Service (FOS) has decided not to review complaints while the test case is running. If you do complain to FOS, you will receive a letter explaining that.

What if I have already been made an offer?

 

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim will be held and recorded by us until there is a final decision in the test case. We will then contact you again as soon as possible to finally resolve your complaint.

I have already accepted an offer from you. Will my claim be revisited?

 

If you have accepted a 'full and final settlement', we believe it unlikely you would be awarded a further sum even if the test case indicates a potentially larger amount. However, this does not preclude you from asking for repayment of any new charges incurred if the courts find they are unlawful.

How long will the test case take?

 

At this time it is too soon to give any exact timescale's for a conclusion to the test case but it could go for more than a year. The announcements from the OFT and FSA indicate all parties have agreed to conduct the test case in an efficient, prompt and orderly way.

Where can I find out more?

 

We will post updates on the test case on our website and in accordance with the FSA's complaint handling rules, we will write out to customers to keep them advised of progress on their complaint.

Alternatively, you can find more information on the 'test case' through the following links:

The Financial Service Authority

www.fsa.gov.uk

The Office of Fair Trading:

www.oft.gov.uk

The Financial Ombudsman Service:

www.financial-ombudsman.org.uk