An overdraft gives a customer access to more money than is actually in his or her account. An overdraft facility can be arranged or unarranged.
Arranged overdraft
This is an amount a bank agrees to advance after the customer has used up his or her funds in a particular account. A bank may, for example, advance $500 after a customer’s balance has reached zero.
Unarranged overdraft
Here, a customer withdraws money either beyond the available balance or beyond an agreed limit without the agreement of the bank. In the first situation, the customer simply spends money that is not there; in the second, he or she has an arranged overdraft and then spends beyond that limit – and hence goes into an unarranged overdraft. In either case, it is at the bank’s discretion whether to accept the overspending. The main consideration is the customer’s credit history. Customers with a good credit history are more likely to be permitted to exceed the limit on their account than those with a poor credit history.
Banks may allow customers to go into unarranged overdraft. This is usually set out in the terms and conditions of the account. Again, it will be at a bank’s discretion whether to allow the overspending. The terms and conditions will say something along the following lines: “If you try to make a payment out of your account for which you do not have available funds, we will treat this as a request for an unarranged overdraft. We will consider whether we agree to your request, taking into account your personal circumstances. We will not be liable to you if we do not agree to give you an unarranged overdraft.”
Charges for unarranged overdrafts
Banks can charge a fee and interest on overdrawn amounts, but this must be specified in the account’s terms and conditions. An example is the following: “When your account goes into unarranged overdraft or you exceed your arranged overdraft limit, you will be charged interest at our unarranged overdraft interest rate and an unarranged overdraft fee.”
How to avoid going into overdraft
Keep a close eye on your account so you know what your balance is before you spend money. Customers are responsible for ensuring they have enough money in relevant accounts to cover payments. Mobile banking allows you to check your available funds wherever you are, including, for example, in a shop before making a purchase.
Ask your bank whether it can load a “no overdraft” alert on your account. Make sure you understand how such alerts work. Some alerts prevent transactions altogether if an account has insufficient funds. Other alerts may not stop some electronic transactions (such as automatic payments), which can result in fees.
Alternatively, ask your bank if it can send a text warning when your account balance is low. But remember, even with these precautions in place, it remains your responsibility to be aware of your account balance.
Ensure you have enough money in relevant accounts to cover payments to avoid overdraft fees.
Bank acted correctly over lapsed trust loan
Hassan’s family trust, of which he was a trustee, took out a $300,000 10-year, interest-only loan with the bank in December 2010. The loan was due to mature in December 2020. In November, the bank sent a letter to the trust's registered address reminding it of the loan's impending maturity and what would happen if it had not made alternative arrangements by then. The bank also tried unsuccessfully to call both phone numbers on file, one the mobile of a trustee now living in Australia, and the other a no longer valid number. The bank could not get hold of the trustees.
In December, the full amount of the loan was repaid to the bank, causing the trust’s transactional account to become overdrawn by $290,000. The bank continued to send letters to the trust's registered address and kept trying to reach the trustee living in Australia on his mobile. Hassan’s father lived at the trust's registered address. In June 2021, Hassan’s father called the bank after reading one of the bank’s letters. Within a few days, the bank was able to get in touch with Hassan.
In September 2021, the bank conditionally approved a loan application by the trust to repay the overdraft. One condition of approving the loan was that the bank would first monitor the trust’s payments performance for six months because of the trust’s unsatisfactory record. This period ended – successfully – in May 2022, after which the bank took a further six months to gather more information from the trust to finalise the loan.
Hassan complained to us that he bank failed to fulfil its lending obligations when it gave the trust a loan in 2010, that it failed to collect adequate identification information about the trust and its trustees, that it failed to adequately communicate the impending maturity date in December 2020, that it continued to add interest and fees to the trust account, and that the condition of a six-month monitoring period had been oppressive. Hassan also said the bank was at fault for the delays in reinstating the trust's loan.
Bank had no power to put ‘money mule’ into unarranged overdraft
In May 2023, Riley’s bank account was credited $88,000, and almost immediately the money was transferred out via an international payments platform. The funds were stolen and had gone via Riley’s account to a scammer. Riley’s bank could not recover the money and debited the loss to Riley’s account, leaving him with unauthorised overdraft of $85,000.
CASE 3Bank system allowed significant unarranged overdraft
Mervin had a $2000 approved overdraft facility on his bank account. When the limit was approved, he was earning a very high salary. On occasion, he exceeded the approved limit by a small amount, however the account was quickly brought back into order with the next salary payment.
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Updated December 2024