Personal current accounts - UTCCRs investigation and test case

The personal current accounts market study provides the context for the OFT's Unfair Terms in Consumer Contracts Regulations (UTCCRs) investigation into the fairness of the level and application of unarranged overdraft charges.

The High Court test case, which is a key part of the investigation, is seeking to establish the preliminary legal principle of whether the provisions of the UTCCRs that deal with unfairness apply. It is also addressing the additional point of law of whether the charges can amount to penalties at common law. For further information about the investigation and test case please see our questions and answers page.

Below is a timeline of this work.

18 June 2009

There will be a hearing at the House of Lords at 10.30 on Tuesday 23 June and will last for 3 days. It wil be held at the Houses of Parliament - St Stephen's Entrance, Committee Room 2A.

26 February 2009

The OFT welcomes the Court of Appeal's very clear confirmation that the unarranged overdraft charging terms for personal current accounts can be assessed for fairness.
See press release
Court of Appeal judgment on bank charge test case (240 kb)

21 January 2009

The High Court judgment in relation to whether certain banks' historical charging terms are capable of amounting to penalties at common law is handed down.

5 December 2008

There will be a hearing at the High Court at 09:30 on 9 December to deal with further submissions from Abbey, Lloyds and RBSG relating to whether some of their historical charging terms are capable of amounting to penalties at common law.

9 October 2008

Judgment for the second preliminary hearing of the test case has been handed down in the High Court. The Judge has indicated that he will make a declaration that Banks' historic and other non-mainstream account unarranged overdraft charges can be assessed for fairness under the UTCCRs.

7 - 9 July 2008

The second preliminary hearing of the test case was held in the High Court.

23 May 2008

The OFT issues a statement on Case Management Conference.

See press release

24 April 2008

Judgment has been handed down in the High Court test case on the application of the law in respect of unarranged overdraft charges.

See press release

8 February 2008

The test case hearing of the preliminary issues ended.

16 January 2008

The OFT's test case on unauthorised bank default charges will commence on Thursday 17 January at 10.30 at the International Dispute Resolution Centre. 

14 January 2008

The OFT’s application for a declaration on the law in respect of unauthorised overdraft charges is due to commence on Wednesday 16 January 2008.

See press release

15 November 2007

The OFT has submitted to the High Court its reply to the banks defences and counterclaim in the forthcoming test case.

Download OFT's joint reply and defence to counterclaims

See the banks' defences and counterclaim documents. 

See press release

See questions and answers for test case announcement

15 October 2007

The OFT has added to the original particulars of claim filed at the High Court in its proceedings for a declaration on the application of the law in respect of unauthorised overdraft charges.

See press release

See amended Particulars of Claim (pdf 278 kb)

For further information about amended Particulars of Claim, see questions and answers for test case announcement below.

31 August 2007

The OFT has today filed particulars of claim at the High Court in its proceedings for a declaration on the application of the law in respect of unauthorised overdraft charges.

See press release

See Particulars of Claim (pdf 55 kb)

26 July 2007

The OFT will tomorrow commence proceedings in the High Court for a declaration on the application of the law in respect of unauthorised overdraft charges. This complements the OFTs ongoing market study into personal current accounts, which addresses wider questions about competition and price transparency.

See press release

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