Halifax Overdraft Unaffordable Lending Claims

If you were given a Halifax overdraft — or had your overdraft limit increased — and you couldn’t realistically afford the interest and charges, you may be entitled to a refund. Long-term overdraft use is one of the most common forms of unaffordable lending in the UK, and one of the most overlooked. This page explains how Halifax overdraft affordability claims work, what to look for in your account history, and how to check your eligibility.

In this guide

• About Halifax Overdrafts
• Was Your Halifax Overdraft Unaffordable?
• Common Patterns in Halifax Overdraft Claims
• What the Financial Ombudsman Data Shows
• Why Use a Claim Partner for Your Halifax Claim
• How a Halifax Overdraft Claim Works
• How Far Back Can You Claim?
• What You Might Get Back
• Frequently Asked Questions
• Related Guides
• Our Partner's Fees Explained
• Check If You Could Be Owed Compensation

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About Halifax Overdrafts

Halifax offers arranged overdrafts on its Reward, Ultimate Reward and Basic accounts. Like other UK banks, Halifax moved to a single representative APR following the FCA’s 2020 overdraft reforms, replacing daily and monthly fees.

Bank of Scotland plc is authorised and regulated by the Financial Conduct Authority under FRN 169628. The overdraft is provided through Bank of Scotland plc, part of the Lloyds Banking Group.

Was Your Halifax Overdraft Unaffordable?

Under the Financial Conduct Authority’s rules — specifically CONC 5.2A on affordability and CONC 5C and CONC 5D on overdraft repeat use — Halifax must carry out a reasonable and proportionate assessment of whether you can afford to repay an overdraft sustainably, and without falling into financial difficulty. They must also identify when an overdraft is being used repeatedly and offer help to anyone in that pattern.

Your Halifax overdraft or an increase to your overdraft limit may have been unaffordable if, at the time it was granted or increased:

• Halifax didn’t properly check your income, expenditure or other commitments
• You were already in financial difficulty, missing payments or relying on other credit to cover essential costs
• Repaying the overdraft would have left you unable to meet essential living costs
• Your overdraft limit was repeatedly increased without a meaningful review
• You were overdrawn for most of every month for years, with the bank applying interest but offering no support
• The overdraft was extended despite clear signs of distress on your file — defaults, payday loans, missed mortgage or rent payments
• Your wages or benefits were going straight into your overdraft each month, with no realistic prospect of clearing it

Common Patterns in Halifax Overdraft Claims

The Financial Ombudsman has handled many unaffordable lending complaints about Halifax overdrafts, and several patterns come up repeatedly:

• Long-term reliance on the overdraft. Customers using a Halifax overdraft as effective monthly borrowing for years, with the bank continuing to apply interest rather than treating the facility as long-term lending.
• Limit increases without meaningful review. Where Halifax extended the overdraft limit without confirming the customer could afford the higher facility.
• Failure to identify and act on repeat use. Under CONC 5D, the bank had a duty to identify repeat use and offer support. FOS has found cases where it didn’t.
• Cross-product affordability gaps. With visibility of Halifax credit cards and personal loans, the bank’s data should have shown overall unaffordability that wasn’t always factored into overdraft decisions.

If any of these match your experience with Halifax, your case is worth a closer look.

What the Financial Ombudsman Data Shows

The Financial Ombudsman Service publishes data on the complaints it receives about every regulated UK firm. According to the FOS’s most recent published figures, in the second half of 2024 (July to December) the FOS received 2,399 new banking and credit complaints about Bank of Scotland plc. Across the wider banking and credit sector, complaints reached 109,155 in the same six-month period — a 76% rise on the previous year, driven largely by disputes over credit affordability and bank fraud.

Note: the FOS publishes complaint volumes by firm and sector, but doesn’t break them down by individual product. The figure above covers all banking and credit complaints — overdrafts, credit cards, loans, fraud and account services — not overdraft complaints alone.

Source: Financial Ombudsman Service half-yearly complaints data, H1 2025.

Why Use a Claim Partner for Your Halifax Claim

Overdraft unaffordability cases turn on evidence — what Halifax knew, what they checked, what their own systems showed about your account behaviour, and whether they acted on the repeat-use signals the FCA rules require. Our regulated claim partner does this work every day, and brings several advantages over going it alone:

• Evidence the lender takes seriously. The claim partner knows exactly what bank statements, account behaviour patterns and credit-file data are needed to make the case stick — and how to present them in the way Halifax’s complaints team will respond to.
• No back-and-forth for you. Once your case is referred, the partner deals with Halifax on your behalf. You don’t take phone calls, write letters, or chase responses.
• Experience with FOS escalations. If Halifax rejects the complaint, the partner handles the Financial Ombudsman referral, including the detailed submissions FOS expects on overdraft cases.
• No upfront cost. If the claim is unsuccessful, you pay nothing. If it succeeds, the claim partner charges a percentage of the redress recovered, in line with the FCA’s fee cap rules.

You don’t have to use a claim partner — you can complain directly to Halifax free of charge and, if you’re unhappy with their response, refer the complaint to the Financial Ombudsman Service free of charge. But for most people, the time saved and the strength of evidence make using a partner the more practical option.

How a Halifax Overdraft Claim Works

The process is the same whether you complain yourself or use a claim partner:

1. Eligibility check. A quick review of when your Halifax overdraft was opened, how long you’ve been overdrawn, what limit increases were applied, and any signs the lending was unaffordable.
2. Evidence gathering. Bank statements, account behaviour data and credit-file information are reviewed against the lender’s affordability obligations and the CONC 5D repeat-use rules.
3. Complaint to the lender. A detailed, evidenced complaint is submitted to Halifax. They have up to eight weeks to issue a final response.
4. Lender response. Halifax may uphold the complaint, partially uphold it, or reject it.
5. Escalation to the Financial Ombudsman, if needed. If the response is unsatisfactory, the case can be referred to the FOS, free of charge. FOS decisions are binding on the lender if accepted.
6. Redress, if successful. Typical outcomes include a refund of interest and charges, 8% statutory interest on the refunded amount, and removal of adverse credit-file entries linked to the unaffordable overdraft.

For a step-by-step walk-through, see our guide to how an unaffordable lending claim works.

How Far Back Can You Claim?

There is no fixed cut-off, but two time limits matter:

• The Limitation Act 1980 — generally six years from when the issue arose, though courts and the FOS take a flexible view depending on when you reasonably became aware
• The FOS time-limit rules — usually six years from the event, or three years from when you knew (or should have known) there was a problem

Overdraft claims are slightly different from one-off lending claims because the unaffordability builds up over time. The FOS often looks at the full history of the account, even where the original overdraft was opened many years ago, because the bank’s duty is ongoing — they should have been monitoring the account and acting on repeat-use patterns as they emerged. For a fuller breakdown, see how far back can I claim for unaffordable lending?

What You Might Get Back

Halifax overdraft redress, where a claim succeeds, typically includes:

• A refund of all interest, fees and charges applied to the overdraft from the point at which it became unaffordable
• 8% statutory interest added on top of the refunded amount, calculated from the date each charge was paid
• Removal of adverse credit-file entries linked to the unaffordable overdraft, including any default markers
• Adjustment or write-off of any outstanding overdraft balance — if you’re still overdrawn with Halifax, the refund is usually applied against the balance first, with any surplus paid out to you

How redress is calculated is explained in detail in our guide on how unaffordable lending redress is calculated.

Frequently Asked Questions

Can I claim if I’ve already closed my Halifax account?

Yes. You can make an unaffordable lending complaint about a Halifax overdraft on an account that has been closed, paid off, or written off. Halifax is still obliged to investigate the affordability of the original overdraft facility and any subsequent limit increases.

Can I claim if I’m still using my Halifax overdraft?

Yes. You can complain about any Halifax overdraft you hold or have held. If the claim succeeds and you’re still overdrawn, the refund is normally used to reduce the balance first.

What if my Halifax overdraft debt was sold to a debt collector?

If Halifax sold your overdraft debt to a third-party collector, you can usually still complain to Halifax about the original lending decision and the way the overdraft was managed. The complaint is about whether the lending was affordable when it was given and whether the bank acted on the repeat-use signals it should have spotted, not about who currently owns the debt. If the claim succeeds and there’s still a balance with the debt collector, the redress is typically applied against that balance.

Will making a claim damage my credit file?

Making a complaint about an unaffordable overdraft should not damage your credit file. If your claim is successful, adverse markers linked to the unaffordable overdraft — including default markers — may be removed, which can improve your file.

Do I have to use a claims company?

No. You’re free to complain directly to Halifax and, if you’re not satisfied with their response, refer the complaint to the Financial Ombudsman Service free of charge. Most people we work with prefer to have a specialist claim partner build the case and deal with the lender on their behalf — but the choice is yours. The pros and cons are weighed up in our guide on whether you need a claims company.

Are there any fees if I use Claims Bible?

Claims Bible is an FCA-authorised introducer. We do not charge consumers a fee. If your case is referred to a claim partner and the claim succeeds, the claim partner charges a success fee — a percentage of the redress recovered, in line with the FCA’s fee cap rules. There is no fee if the claim is unsuccessful, and no upfront cost. Full fee details are provided before you sign anything. Read our fees page.

How long does a Halifax overdraft claim take?

Halifax has up to eight weeks to issue a final response. If the case goes to the Financial Ombudsman, decisions can take several months depending on complexity and the FOS workload at the time. Our guide on how long an unaffordable lending claim takes has more detail.

Related Guides

• What is unaffordable lending?
• The CONC rules on affordability — a plain-English guide
• Do I have an unaffordable lending claim?
• How the Financial Ombudsman handles unaffordable lending complaints
• What evidence do I need for an unaffordable lending claim?

Check If You Could Be Owed Compensation

You may be eligible to complain if a lender gave you credit you couldn’t afford. Start a free check in minutes — no paperwork needed. No win, no fee if you choose to proceed.

Check your agreements on Recoup, our claim partner’s site