Banks sued for $1 billion

Ben Hardwick of Slater & Gordon, NZ barrister Andrew Hooker and CEO Michelle Silvers of Litigation Lending Services at the media conference announcing the lawsuit today. Photo / Sarah Ivey
Ben Hardwick of Slater & Gordon, NZ barrister Andrew Hooker and CEO Michelle Silvers of Litigation Lending Services at the media conference announcing the lawsuit today. Photo / Sarah Ivey
The big four Australian-owned banks - BNZ, ANZ, Westpac and ASB, along with state-owned Kiwibank are being sued for a collective $1b in a massive class action lawsuit announced today.

The action is being led by New Zealand lawyer Andrew Hooker, Australian class action experts Slater & Gordon and litigation funder Litigation Lending Services (NZ). They say more than one million New Zealanders are eligible to join in the class action lawsuit.

Fair Play on Fees Lawyer Andrew Hooker says banks have been overcharging Kiwi customers on default fees for years.

The fees are charged when customers overdraw their accounts, pay credit card bills too late, or bounce a cheque, it said.

A website has been launched for people who want to be part of the lawsuit to register.

The website - "Fair Play on Fees" describes that action being taken like this:

"When your account balance runs low or you are late with a credit card payment, the last thing you need are extra fees; yet for years that's exactly what the banks have been hitting you with.

"They're called 'exception fees', and you're charged them when your account goes into unexpected overdraft, you exceed your credit card limit or make a late payment. Even if the bank doesn't allow a payment to go through, they'll still charge you a 'dishonour fee' for the so-called service. We estimate that New Zealanders have paid the banks around $1 billion in these fees over the past six years.

We think that these fees are unfair and should be challenged in court. Although the amounts ($15 to $35) sting you, because litigation is expensive it has not been worth taking the banks on by yourself. In Australia, lawyers have launched class actions valued at about $280 million to recover these fees. We think it's time for New Zealanders to band together and stand up to the banks.

There is nothing to lose, and no upfront cost. If you've been hit by one or more of these fees over the past six years, all you need to do is sign up. Unlike the banks, we're not about to charge you fees for no obvious gain. Instead, Litigation Lending Services (NZ) will fund all the legal costs, in exchange for a right for them to be reimbursed if the claim succeeds along with 25 per cent of the compensation."

The proceeding comes as Justice Minister Judith Collins works on legislation to enable faster, better and cheaper class suit actions.

That policy work was expected to be done last year.

Shares in Australia & New Zealand Banking Group edged up 0.03 percent to $36.21 on the NZX, while Westpac Banking was unchanged at $38.80.

Goldfields banking

My first account was with the Greymouth branch of the Hokitika Savings Bank. It was homegrown, with outsize passbooks, and a pleasing socialist mission, not a trading bank. Savings became Trustee Savings Banks and TrustBank, before losing NZ ownership to Westpac.

I have banked with ASB for 40 years

I have banked with ASB for 40 years and have nothing but praise for them. They are bo even handed, approachable and go out of their way to help their customers.

For those customers who are charged a fee for an unarranged overdraft, I would suggest they approach their bank manager and arrange an overdraft facility. For those customers who pay their Visa balances late and then complain, I would suggest they pay their Visa balance on time.

I would also suggest that anybody who is considering joining in this proposed court action for return of fees, take care and enquire what they are letting themselves in for. Court action is always a serious matter and if judgement goes against the banks, they have the financial muscle to appeal the judgement, which could drag the whole thing on for years.

ASB

Yes I support the members who are suing these banks. I am a customer of the ASB and I have inquired in the past about over draft fees of $30 being charged on a montly basis every time my overdraft goes over even by .60 cents, and the call centre who I make inquires to have maintained their right to do this.

I made a complaint to the ASB, about their charging fees they only refunded me back $90 from 3 months worth rather than a few years being charged.

I fully support these members to do this and to help other customers who are over charged this way, its totally unfair. I have yet to get back to them regarding this matter further.  

Banks

About time they were bought into line, we don't need Australian banks in NZ.

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