UK bank overdrafts: ‘I received £8,000 after I complained’ (2024)

A woman who was struggling with debt has received an £8,000 payout from a high street bank after making a complaint about her overdraft. Now thousands of other borrowers could be in line for refunds.

Laura (she did not wish to give her surname) was £30,000 in debt, with £9,000 of that in overdrafts, and struggling to make ends meet when she searched online for a solution.

The 30-year-old had been living on her overdraft for a decade, and other debts – including credit cards and high-cost loans – had spiralled during a financially abusive relationship in her 20s.

After that ended a few years ago, she was left with the mountain of debt and, despite a successful career as a fashion merchandiser, she was barely able to meet her minimum payments each month, leaving her at “rock bottom”.

She says: “I had struggled with it over the years, keeping it quietly to myself.

“Last year, when everybody was impacted with the cost of living crisis, interest rates and bills going up, it got to the point where I couldn’t borrow from Peter to pay Paul any more.

“All of my salary was going on debt payments but it wasn’t even reducing it – it was just interest, interest, interest.”

Her search for solutions led her to Debt Camel, a personal finance website run by Sara Williams, where she learned it may be possible to get interest and fees refunded if a bank has given you an overdraft you cannot afford.

Laura, who lives in London, made a complaint to Barclays in January this year and within weeks had been refunded £8,000, covering fees and interest accrued over a six-year period. The bank says this was done “as a gesture of goodwill”.

It is possible to complain about older charges but that involves going to the Financial Ombudsman Service, which can be a longer process, so Laura decided she was happy with the amount offered by Barclays.

Thousands of “hardcore borrowers” could also be owed refunds by their banks after being trapped in unaffordable overdrafts for years.

“Hardcore borrowing” is a banking industry term that means “the position where a customer’s current account overdraft remains persistently overdrawn for more than a month without returning to credit during that period”.

UK bank overdrafts: ‘I received £8,000 after I complained’ (1)

Overdrafts are designed for short-term borrowing but many consumers find themselves constantly in the red, with numbers rising during the cost of living crisis.

Recent StepChange Debt Charity research found that 3 million people were using their overdraft and credit to keep up with household bills and credit commitments or to make it through to payday.

In total, 11% of UK adults, or 5.6 million people, said they had used their overdraft in each of the three months to January 2023, the survey, commissioned by the debt charity and conducted by YouGov, showed.

“It had been a chain around my neck for the best part of 10 years,” Laura says. “When I got that call from Barclays … the weight lifted.”

She adds: “I carried so much shame around with me but I remember sitting on the train on my commute to work the next day and feeling as if I’m not hiding the fact that I’ve got this thousands of pounds of debt, because it’s gone now. I just felt so uplifted and less hard on myself.

“You do carry a lot of shame and worry and anxiety [when you’re in debt], constantly living in a negative grey cloud, and there is only so far you can bury your head in the sand before actually it does get on top of you and you just feel like you can’t live in that place any more.”

Other steps, including speaking to her bank to get interest frozen, and selling her car, have helped reduce her debt from £30,000 to £2,600 since the end of last year, and she anticipates being debt-free by the end of 2023.

Jane Tully, the director of external affairs at the Money Advice Trust, the charity that runs National Debtline, says: “In many cases, incomes simply aren’t keeping up with rising prices, and our advisers at National Debtline are hearing from many people who are using overdrafts and other forms of credit to plug the gaps in their budgets.

“If you are struggling to get out of your overdraft each month, this is often a sign of financial difficulty.”

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Although the rules on overdrafts have changed in recent years, they can be an expensive form of borrowing. Laura says she was paying £200 a month in overdraft fees, making it harder to pay off the original debt.

Peter Tutton, the head of policy at StepChange, says: “Overdrafts can still be an expensive way to borrow money, particularly where consumers become stuck in repeat overdraft debt.

“Since new FCA [Financial Conduct Authority] rules came into force in 2019, banks and building societies have been required to do more to identify customers who are stuck in overdraft debt and offer help.”

Barclays tells us: “We are sorry our customer has had cause to complain. After investigating the charges that had been applied to their accounts, we determined that they were applied correctly, in line with our terms and conditions.

“However, in order to help with the customer’s financial situation, we offered to refund the charges as a gesture of goodwill.”

It added that the bank had “robust processes for verifying a customer’s credit history and affordability when they apply for a consumer credit product”.

How to get fees refunded

Banks have a responsibility to make sure they don’t approve or extend overdrafts for customers in financial difficulty.

Most terms and conditions say lenders should review a customer’s overdraft annually and offer help if needed.

For example, gambling transactions, debts with other lenders or bouncing direct debits or standing orders, could signal that a customer is in financial distress.

Consumers may be able to get interest and charges refunded by making an overdraft affordability complaint if they believe their bank lent to them irresponsibly. Refunds can be worth thousands of pounds, depending on individual circ*mstances.

The first step is to complain to your bank. The Debt Camel website features a helpful guide on how to do this, as well as a template letter.

The bank has eight weeks to respond. If it rejects your claim or makes a poor offer, you have six months to escalate it to the Financial Ombudsman Service for free, which you can do online.

The ombudsman will decide whether the bank’s decision is correct or whether it should compensate you.

UK bank overdrafts: ‘I received £8,000 after I complained’ (2024)

FAQs

UK bank overdrafts: ‘I received £8,000 after I complained’? ›

A woman who was struggling with debt has received an £8,000 payout from a high street bank after making a complaint about her overdraft. Now thousands of other borrowers could be in line for refunds.

Can I sue a bank for excessive overdraft fees? ›

When a bank engages in a violation involving an overdraft fee, they could be held liable for resulting damages to consumers, which can cover: Refunds for the fees charged. Losses caused by related harm, such as damaged credit. Damages related to consumer protection act violations.

How to get overdraft fees refunded in the UK? ›

You can make an affordability complaint and ask for a refund of overdraft charges if:
  1. your overdraft limit was increased to a level you are unable to clear; or.
  2. your overdraft usage showed you were in long-term financial distress. For example, being in the overdraft all the time, or using an unauthorised overdraft a lot.

What happens if you accidentally go into an unarranged overdraft? ›

Missing payments and using an unarranged overdraft can damage your credit score, please get in touch with us as we may be able to help you. If you're looking to borrow money, it is important you compare and choose the right options for you based on your circ*mstances. See your borrowing options.

Can you claim overdraft charges back? ›

Yes, you can get overdraft fees waived at many financial institutions, but it may depend on the bank. Some banks may have a formal process for fee waivers or may provide auto-deposits from connected accounts. Here are some steps for getting overdraft fees refunded: Simply ask for a refund.

Can I dispute an overdraft fee? ›

The best way to try to get your overdraft fee refunded is to call your bank or credit union and speak to a customer service representative. While they don't have to approve your request, you may be able to persuade them by explaining how your account balance managed to cross into the red.

Is there a class action lawsuit against overdraft fees? ›

Bank of America settled a class action lawsuit for $410 million for reordering customer transactions and charging overdraft fees. TD Bank paid over $62 million in a class action settlement for the same thing in 2010. If you or someone you know has been charged fees by a bank on a checking account, contact us.

How do I convince my bank to refund overdraft fees? ›

How You Can Try to Get Your Overdraft Fee Waived
  1. Call your bank. Contact your bank as soon as you realize you've been charged an overdraft fee. ...
  2. Explain what happened. ...
  3. Provide a timeline. ...
  4. Point out your history as a customer. ...
  5. Always be polite. ...
  6. Get a second opinion. ...
  7. As a last resort, try this.

Do banks ever forgive overdraft fees? ›

If you overdraw your account for the first time, a call to your bank could get the charge removed. Even on a second or third offense, some banks will work with customers to reverse or waive charges.

What happens if I can't pay my overdraft UK? ›

The bank may freeze your account until the overdraft is paid off. That would mean you could not get access to any money in the account, like your salary. Banks also charge a monthly fee and a setting up fee the overdraft, so it can be an expensive way to borrow money.

Can banks recall overdraft? ›

If your bank reduces or removes your overdraft limit

Your bank can ask you to pay off all of the money you owe them at any time. They might do this if you keep going over your agreed limit. You should contact your bank if they tell you they're going to restrict or remove your overdraft.

Can a bank take away your overdraft without telling you? ›

Beware – your bank overdraft could be taken away

The bank could take it away if they think your're over-using it and are in financial difficulty. But if your bank cancels your overdraft with no warning, you might have grounds to complain.

What are the new overdraft rules? ›

Under the new rules, banks must get your permission before enrolling you in overdraft protec tion for electronic transactions. If you don't give permission, you can't be charged a fee.

Can banks reverse NSF charges? ›

Yes, your bank or credit union may waive or refund an NSF charge from your account if it was an honest mistake and you request it be removed. There's no guarantee the bank charge will be reversed, but it doesn't hurt to ask.

How many people in the UK are overdrawn? ›

Overdrafts are one of the most widely used credit products. The Financial Conduct Authority (FCA) found that nearly 13 million people in the UK have been overdrawn in the last 12 months.

What is the maximum a bank can charge for overdraft? ›

Federal laws do not specify maximum amounts for fees that banks can charge for overdrafts. These decisions are made by the bank.

Can banks charge excessive overdraft fees? ›

Also, banks cannot charge overdraft fees that are excessive or expensive; the fees must be “reasonable” and are limited in the number of times they can be charged. This means no more than one overdraft coverage fee per month and six per year, per account, by the terms of the proposed bank overdraft fees law.

Is it legal for banks to charge overdraft fees? ›

In general, for debit card transactions at ATMs or at merchants, consumers must opt-in, or agree up front, that the bank can charge you an overdraft fee for any debit card transaction that overdraws the account. If you don't opt-in, you can't be charged a fee.

Is the FDIC sued over bank guidance for overdraft fees? ›

On April 8, 2024, a Minnesota federal district court dismissed without prejudice the complaint filed by the Minnesota Bankers Association and Lake Central Bank (Plaintiffs) against the Federal Deposit Insurance Corporation (FDIC) challenging the FDIC's guidance on non-sufficient funds (NSF) fees.

Is the US bank lawsuit about overdraft fees? ›

U.S. Bank has agreed to pay $55 million to settle a class action lawsuit accusing the bank of charging improper overdraft fees.

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