Bank Fees Class Action
Maurice Blackburn is acting in a series of proposed class
actions against Australian banks for repayment of exception fees
they have charged to their customers over the last 6 years.
Exception fees include honour and dishonour fees as well as over
limit fees and fees for late payment, on bank accounts and credit
cards.
The legal basis for the proposed actions is that if there is a
breach by the customer of his or her contract with the bank, the
bank is only entitled to charge a reasonable estimate of the actual
cost to the bank of that breach. Whilst the real cost to the banks
of each transaction is likely to be at most a dollar or two, the
exception fees in fact charged for breaches have ranged from about
$25 up to $60 per transaction. The banks also sometimes charge
penalty interest as well as the exception fee, and often have
security over the family home to cover any amount overdrawn or late
in any event.
Such fees are recoverable at law if they constitute a penalty
charged by the bank, that is, when they are out of all proportion
to the true cost of any breach to the bank. We estimate that the
banks have charged their customers in excess of $5 billion dollars
for late payment, dishonour fees and other exception fees over the
last 6 years.
The class actions will be funded by IMF (Australia) Ltd, on a
"no win no charge" basis, that is, IMF covers all of the costs and
only gets paid if the cases are successful. IMF also agrees to meet
the banks' costs if the cases are unsuccessful. There is no cost to
you unless you successfully recover monies.
If you are interested in knowing more about the Bank Fees class
actions you can find the information you need at the secure website
www.financialredress.com.au
. Financial Redress is a wholly owned subsidiary of IMF.
Registration of your interest can only be made on this
website. If you have further queries after visiting this
website you may telephone 1300 4 REDRESS or 1300 473 373. It is
entirely a matter for you whether you join these class actions or
not, and although we consider the cases have reasonable
prospects of success you should feel free to obtain independent
legal advice.
Owing to the number of bank customers likely to
participate in the cases, please do not telephone our
office as we will be unable to deal with your
enquiry.