A Practical Guide to Overdraft Affordability Complaints and Getting Overdraft Interest Back
Overdrafts are typically meant for short-term borrowing to cover temporary gaps in funds, such as when you’re waiting for your paycheck. However, if your overdraft use has become habitual or the limit was set too high for your financial situation, you might be entitled to challenge the charges and interest, asking for them to be refunded. In this guide, we’ll explain how you can make an affordability complaint to your bank and potentially reclaim overdraft interest.
When Can You Make an Overdraft Affordability Complaint?
You can file an affordability complaint and request a refund of overdraft charges if any of the following apply:
- Your overdraft limit was increased to a level you couldn’t repay: If the bank raised your overdraft limit beyond what you could reasonably afford, making it impossible for you to clear your balance.
- Your overdraft use shows long-term financial distress: This includes situations where you’re consistently in your overdraft or regularly exceed your agreed limit, indicating ongoing financial difficulties.
It's important to note that these complaints do not harm your credit record. Here’s how to make an effective affordability complaint and request a refund.
Understanding Overdraft Affordability Complaints
Overdrafts are intended for short-term financial needs. However, some customers find themselves in long-term financial difficulty due to excessive or repeated use of their overdraft. If your bank did not monitor your usage or failed to intervene when signs of financial distress were clear, you may be entitled to a refund.
Why Overdraft Charges Can Be Unfair
Banks should monitor overdraft use, particularly when it becomes habitual. According to the Lending Code, "hardcore borrowing" occurs when an overdraft is persistently used for over a month without returning to credit. If your overdraft was used in this way and the bank did not offer help or forbearance (such as reducing charges), you may have a case for a complaint.
Case Examples:
- In a 2020 NatWest case, the Ombudsman ruled that NatWest should have noticed a customer's financial distress due to prolonged overdraft usage and should have stepped in earlier.
- A 2021 Santander case found that the bank failed to recognize when a customer was relying on overdrafts for daily expenses instead of emergency borrowing, meaning they should have offered better terms.
These decisions show that banks have a responsibility to identify financial distress and offer support when necessary.
Three Main Reasons to Ask for a Refund of Overdraft Charges
The bank set your overdraft limit too high:
- If your overdraft limit was too high for your income or financial situation, especially if it was increased at any point, you may be able to challenge it.
- Banks should assess affordability and avoid increasing your limit if it seems you’re already struggling to manage.
The bank should have seen you were in difficulty:
- Overdrafts are often used for short-term gaps. If your bank noticed that you were regularly in overdraft or exceeding your limit, they should have intervened by offering a solution, such as reducing charges or adjusting the limit.
- Regularly using an overdraft month after month is a clear sign of financial difficulty.
Long-term use of overdrafts:
- If your overdraft has been used for months or years, or you have regularly exceeded your limit, this could be considered a sign of financial distress.
- You may not even need to prove your exact dates of overdraft use to make your case, just the fact that this has been an ongoing issue.
How to Make Your Overdraft Complaint
1. Gather Information
Before you start your complaint, gather any documents that may support your case. While you don’t need specific dates for each overdraft limit increase, it can help if you have:
- Your bank statements showing regular overdraft use.
- Your credit report to show any worsening financial situation, such as missed payments or increasing debts.
- Any correspondence from the bank, such as notices about overdraft increases or fees.
2. Decide Which Reasons Apply to Your Complaint
Identify the specific reason(s) that apply to your case. You may want to focus on whether the bank set your overdraft limit too high or if they should have seen that you were in financial distress. This is key to framing your complaint.
3. Make the Complaint
You can submit your complaint directly through your bank’s website, app, or by email. It’s usually best to avoid phone complaints, as they can be more complicated to track and manage.
Template Complaint Letter
To help you get started, here is a template you can adapt:
Subject: Overdraft Affordability Complaint – [Your Account Number]
Dear [Bank Name],
I am writing to formally raise a complaint regarding my overdraft facility on my account, [Account Number]. I believe that the overdraft charges and interest applied to my account were unfair, and I would like to request a refund of these charges.
[Provide a brief summary of your case, e.g., “I have used my overdraft for a prolonged period, and it has not been possible to bring my account back into credit. Despite this, the bank increased my overdraft limit in [Year], which I believe contributed to my financial distress.”]
Please review my account and provide a resolution. I look forward to hearing from you.
Sincerely,
[Your Name]
[Your Contact Information]
4. Bank Response and Next Steps
- The Bank Wants to Call You: If the bank contacts you to discuss the complaint, be prepared and insist on written communication if you prefer. Keep detailed notes of any phone conversations.
- Rejection or Poor Offer: If the bank rejects your complaint or makes a poor offer, you have the right to escalate the issue to the Financial Ombudsman Service. They can review your case and make a binding decision.
Key Points to Remember
- Personal accounts only: These complaints are for personal accounts, not business accounts.
- Open or Closed Accounts: You can file a complaint whether the account is still open or has been closed.
- Old Accounts: You can also request a refund for overdraft charges on old accounts, even if they were closed years ago.
- Student Overdrafts: If you're a student, specific rules might apply to your overdraft, and you can still make a complaint if the charges became unaffordable.
Does This Work?
Yes, many people have successfully reclaimed overdraft fees and interest by making affordability complaints. If your complaint is well-supported by evidence, especially showing the bank’s failure to recognize your financial distress, you have a good chance of receiving a refund or reduction in charges.
In conclusion, if you believe your overdraft charges were unaffordable or excessive, making an affordability complaint can help you get a refund or some relief. By carefully documenting your situation, choosing the right reasons for your complaint, and following through with your bank or the Ombudsman, you may be able to resolve your overdraft issues fairly.