Current Account Decision Reference 2022-0100

• Case Outcome: Partially upheld
• Reference: 2022-0100
• Date: 23 March 2022
• Year: 2022
• Subject Matter: Current Account
• Finantial Sector: Banking
• Conducts Complained Of: Fees & charges applied

Decision Ref:

2022-0100

Sector:

Banking

Product / Service:

Current Account

Conduct(s) complained of:

Fees & charges applied

Outcome:

Partially upheld

LEGALLY BINDING DECISION OF THE FINANCIAL SERVICES AND PENSIONS OMBUDSMAN

The complaint concerns the application of fees and charges to the Complainant’s current

account.

The Complainant’s Case

In his Complaint Form, the Complainant explains that:

“In September 2004 I took out a mortgage with [the Provider] and entered into an

agreement that if my salary was paid into this current account and my mortgage paid

out of it that I would pay no bank charges”

On 25 March 2019, the Complainant says the Provider decided to change his account type

and “cripple me with bank charges of every sort”. The Complainant says he is extremely

annoyed by the Provider’s dishonesty and refusal to offer a valid explanation as to why it

reneged on the above agreement, which was entered into for the lifetime of the mortgage

loan.

In resolution of this complaint, the Complainant states that:

“I want [the Provider] to refund all charges taken wrongfully from my account and

restore the agreement that is in place for the life of the mortgage stating that I pay

no bank charges.

- 2 -

/Cont’d…

The Provider’s Case

Current Account 591

The Provider advises that the Complainant opened a current account in his sole name on 12

December 2003. During the account opening process, the Provider says the features and

benefits of the account were outlined to the Complainant and he was provided with a copy

of the relevant information. The Provider says the terms and conditions provided to the

Complainant at the application stage, outlined that the Provider may vary the terms and

conditions (including interest, fees and charges) from time to time and would provide notice

of any alternations.

The Provider says that ‘terms and conditions’ are defined under “Definitions”, which states:

“‘Terms and Conditions’ means these terms and conditions, as amended, extended,

supplemented or replaced from time to time.”

The Provider also refers to the following terms and conditions:

“2. Interpretation

(a) These Terms and Conditions apply to the operation of the various current account

products offered by the Bank and (unless agreed in writing to the contrary) are

deemed to be incorporated in and form part of all agreements between the Bank and

its Customers for such current account products.

10. Fees and Charges

(a) Details of the fees and charges which are charged by the Bank on current accounts

set out in the Bank’s brochure on banking charges as published from time to time

which is available on request at any branch of the Bank

(b) Subject to notifying the relevant regulatory authority, the Bank may from time to

time alter such fees and charges and introduce new fees and charges.

24. Amendments of these Terms and Conditions

The Bank may vary these Terms and Conditions and the interest and charges

applicable on an Account including the interest rate structure from time to time. The

Customer will be informed of such variations either directly or by means of notices

publicly displayed in all branches of the Bank or published in a national newspaper

circulating in the State or published on the Bank’s internet site, and any such variation

shall be effective ten days after notice of such variation is given as above save in

respect of an interest rate change which shall come into effect upon date specified

on any publication of such rate change.”