Foreword
Consumers today are making greater use of financial institutions and
financial services than in the past. They are faced with an increasing
choice of products and a corresponding range of costs. These developments
underline the importance of enhanced transparency in the dealings between
the financial institutions and consumers. We therefore welcome the publication
of this Code which should ensure that interest, fees and charges are more
transparent for consumers as personal customers of financial institutions.
This knowledge is key to facilitating consumers in making more informed
choices as to how they will avail of financial services. The Code complements
existing statutory and voluntary measures. In some cases, the Code will
essentially make explicit practices which, to some degree at least, are
already followed by the industry. There are however, important new safeguards
in the Code - most notably those set out at paragraphs 4.4, 4.5, 4.6 and
4.7. We would hope that these concrete commitments should help foster
consumer confidence in the application of standards of good practice and
service by financial institutions.
1. Commitment to the Code
The members of the Irish Bankers' Federation (IBF), the Irish Mortgage
and Savings Association (IMSA) and the Irish Finance Houses Association
(IFHA) have voluntarily agreed to adhere to this Code. Credit institutions
will ensure that their customers and staff are informed about it and its
undertakings. The Code is supported by the Minister for Labour, Trade
and Consumer Affairs and by the Director of Consumer Affairs. The Code
complements existing legal obligations and voluntary codes, e.g. the IBF
Code of Practice for Personal Customers, the IBF/IMSA Code of Practice
on the euro, the IBF/IMSA Code of Practice on Mortgage Arrears and the
IFHA Code of Practice. Any changes to the Code will be agreed between
the Director of Consumer Affairs, IBF, IMSA and IFHA.
2. Purpose of the Code
The purpose of this Code is to ensure that credit institutions' interest,
fees and charges are more transparent for personal customers. Credit institutions
may still waive or reduce charges in individual cases and introduce additional
improvements in practices on transparency.
3. Application of the Code
This Code will apply to consumer credit and other agreements covered
by the Consumer Credit Act, 1995 (e.g. housing loans, term loans, overdrafts,
credit cards, consumer hire and hire purchase agreements). All institutions
undertake to fully apply all the terms of the Code by 2nd October 2000
at the latest. Institutions will make every effort to implement the terms
of the Code (or specific parts of it) from an earlier date. Those institutions
that have not applied all the terms of the Code by 10th March 2000 will
furnish the Director of Consumer Affairs with a schedule of implementation
at that time. Credit institutions may apply the relevant undertakings
in this Code as appropriate to credit agreements already in existence
at the time they implement the Code (or the relevant part of the Code).
The Code only applies if the credit institution provides the product or
service to which reference is made.
4. Undertakings
Credit institutions voluntarily agree to the following good practices:
4.1 Information for customers
Notices will be displayed at branches and outlets advising customers how
to access information on charges for standard products and services. This
information will include, in the case of current accounts, how such charges
may be reduced. Information on charges for non-standard services will
be given as a matter of course when these services are requested.
4.2 Pre-notification of charges on current accounts
Where fees and charges are accumulated and applied periodically to current
accounts, the customer will be advised at least 10 working days before
deduction, in cases where these fees and charges total more than �10 (
� 12.70). A breakdown of the amount being deducted will also be given.
A breakdown of amounts less than �10 ( � 12.70) will be available on request.
4.3 Information on overdrafts
Credit agreements and relevant overdraft brochures will include the following
information: (a) the circumstances where additional charges (e.g. referral
fees) or surcharge interest will apply; (b) a warning about the rate of
surcharge applied if the terms and conditions of the Credit Agreement
(e.g. exceeding agreed limits) are not honoured; (c) how surcharge interest
accrues and is charged to the account (daily/monthly/quarterly) and the
balance on which it is calculated (i.e. the full overdrawn balance or
the unauthorised portion thereof).
4.4 Pre-notification of interest on overdrafts
Where the interest to be charged exceeds �10 ( � 12.70), credit institutions
will inform customers, at least 10 working days beforehand, of the ordinary
interest amount for the relevant charging period. Any surcharge interest
being applied will be shown separately. Information for amounts less than
�10 ( � 12.70) will be available on request.
4.5 Pre-notification for overdrafts subject to annual review
Where a credit institution intends to apply a surcharge on the outstanding
balance of an overdraft due to the expiry of an annual limit, it will
advise the customer at least 10 working days in advance.
4.6 Standard Procedure for early or partial settlement under credit agreements
Customers will be given on request:
(a) Information about the early redemption
fee charged in the case of an early settlement of a loan, consumer hire
or hire purchase agreement or in the case of partial settlement of a loan.
This information will be provided in writing where specifically requested.
To avoid misunderstanding, it will be clearly stated that the quote is
only valid on the date it is given.
(b) Information on how an additional
repayment, made as a partial settlement of a loan, will impact on the
account for interest calculation purposes (e.g., immediately, at year-end,
etc.).
4.7 Standard procedure for non-system driven increases
Where interest or charges that are calculated automatically by credit
institutions are manually increased, the following rules will apply: (a)
at least two members of staff will observe and verify that the increase
to the computer generated interest or charge has been correctly handled;
(b) customers will be written to in relation to any such increases in
interest or charges not previously advised or agreed within 5 working
days.
4.8 Internal complaint procedures
Credit institutions will provide internal procedures, at branch or service
outlet level, for responding to complaints in relation to interest and
charges in a satisfactory and expeditious way.
4.9 Case of established overcharging
Where a case of overcharging is established, credit institutions will
repay the overcharged amount in current value terms. Depending on the
individual case, an ex-gratia payment to cover any reasonable out of pocket
expenses may be made.
5. Compliance with the Code
IBF, IMSA and IFHA agree to promote full adherence to this Code by their
members and the availability of appropriate and prompt redress within
the institutions concerned for customers in the event of non-compliance.
As an integral part of their commitment to this Code, the IBF, IMSA and
IFHA will review its operation annually with the Director of Consumer
Affairs. The Ombudsman for the Credit Institutions will have regard to
the undertakings in this Code when considering complaints from customers.
The Ombudsman's Annual Report will include a section dealing with cases
relating to this Code.
The Ombudsman for the Credit Institutions,
8 Adelaide Court,
Adelaide
Road, Dublin 2.
Tel: (01) 478 3755 Fax: (01) 478 0157