FSA extends waiver to firms on complaints handling

This is because the test case is ongoing, and it is not yet clear how the banks should be responding to complaints about unauthorised overdraft charges so that customers are treated consistently and fairly.

The waiver was due to expire on January 26. The extension has been offered to those firms who signed up to the July 2008 waiver. This represents approximately 98% of the market.

Whilst the waiver is in place, signatories will not be required to handle complaints relating to unauthorised overdraft charges within the time limits set out in the Dispute Resolution manual.

Dan Waters, director of Retail Policy and Conduct Risk at the FSA, said: "Our objectives continue to be certainty over this complex issue, and a fair and consistent resolution of consumer complaints about unauthorised overdraft charges.

"The FSA has reviewed the prevailing circumstances and has decided to offer firms an extension to the waiver, to run for up to six months."

The FSA can revoke the waiver at any time if it considers a waiver is no longer appropriate, for example, if it no longer provides adequate consumer protection, or material progress is not being made in the test case, or a firm fails to comply with the conditions set out in the waiver.

The FSA first granted a waiver for 12 months from its complaints handling rules regarding unauthorised overdraft charges in July 2007. This was followed by a new waiver with a duration of six months in July 2008.

The waiver means that while it is in operation, any bank or building society granted the waiver will not be required to handle this type of complaint within the time limits set out in the FSA rules. The county courts have 'stayed' cases referred to them and the Financial Ombudsman Service has adopted a similar approach.