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The Financial Services Authority (FSA) yesterday extended its waiver from complaints handling rules regarding unauthorised overdraft charges, for up to six months.  This is because the test case is ongoing, and it is not yet clear how the banks should be responding to complaints about unauthorised overdraft charges so that customers are treated consistently and fairly. 

The waiver was due to expire on January 26.  The extension has been offered to those firms who signed up to the July 2008 waiver.  This represents approximately 98% of the market.

Whilst the waiver is in place, signatories will not be required to handle complaints relating to unauthorised overdraft charges within the time limits set out in the Dispute Resolution manual.

Dan Waters, director of Retail Policy and Conduct Risk at the FSA, said:

"Our objectives continue to be certainty over this complex issue, and a fair and consistent resolution of consumer complaints about unauthorised overdraft charges.

"The FSA has reviewed the prevailing circumstances and has decided to offer firms an extension to the waiver, to run for up to six months."

The FSA can revoke the waiver at any time if it considers a waiver is no longer appropriate, for example, if it no longer provides adequate consumer protection, or material progress is not being made in the test case, or a firm fails to comply with the conditions set out in the waiver.

The FSA first granted a waiver for 12 months from its complaints handling rules regarding unauthorised overdraft charges in July 2007.  This was followed by a new waiver with a duration of six months in July 2008.  

The waiver means that while it is in operation, any bank or building society granted the waiver will not be required to handle this type of complaint within the time limits set out in the FSA rules.  The county courts have 'stayed' cases referred to them and the Financial Ombudsman Service has adopted a similar approach.

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Notes to editors

1. The waivers are available on the FSA website.
2. The waiver has been extended for up to six months.  This is because the test case is ongoing and it is not yet clear how the banks should be responding to complaints about unauthorised overdraft charges so that customers are treated consistently and fairly. 
3. The test case began in July 2007.  There are two stages.  The first explores the preliminary issues of banks’ terms and conditions and whether they are subject to Unfair Terms in Consumer Contract Regulations 1999 and whether they are capable of being penalties at common law.  Stage two will deal with whether the terms are actually unfair and are actually penalties at common law.
4. On current terms and conditions, the High Court decided that the current terms and conditions could be assessed for fairness under the Regulations; were not capable of being penalties at common law; and were in, or largely in, plain intelligible language.
5. The banks appealed the High Court’s decision that current terms and conditions can be assessed for fairness.  The appeal was heard by the Court of Appeal from 28 October to 5 November 2008.  The Court of Appeal’s judgment has yet to be handed down.
6. For more detail follow the link for Moneymadeclear.
7. The FSA regulates the financial services industry and has four objectives under the Financial Services and Markets Act 2000: maintaining market confidence; promoting public understanding of the financial system; securing the appropriate degree of protection for consumers; and fighting financial crime.
8. The FSA aims to promote efficient, orderly and fair markets, help retail consumers achieve a fair deal and improve its business capability and effectiveness.