Current Account Decision Reference 2022-0100

Case OutcomePartially upheld
Subject MatterCurrent Account
Reference2022-0100
Date23 March 2022
Finantial SectorBanking
Conducts Complained OfFees & 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.”

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