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.

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

21 April 2008

It has been announced that judgment in the High Court test case will be handed down on Thursday 24 April. Material on these web pages will be updated in the light of the judgment.

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

Back to: Personal current accounts in the UK