Q&A: Bank penalty charges court case!

by Money Doctor Monday 30 July, 2007

With the Office of Fair Trading filing an action in the High Court saying that bank penalty charges are unfair, it's bound to pose a few questions about what happens next!

So here are some key things you might be wondering about (especially if you are in the process of claiming!)

Why the high court case?

The banks involved say that a test case is needed to be heard in the High Court and it will enable them to finally clarify the legal position surrounding this.

They say they believe the fees are "fair and clear", but that consumers and banks need clarity on the issue.

The OFT says it disagrees with the banks on a point of principle: it says the unfairness rules of the Unfair Terms in Consumer Contract regulations do apply to bank overdraft charges; the banks say they do not (no surprise there!) The OFT hopes a High Court case will establish that the rules do apply (which means the banks are wrong and have been taking your money unlawfully!)

What will the outcome mean?

If the High Court finds in favour of the banks, it will mean that you are no longer able to ask for refunds on the grounds that penalty charges are unfair or unlawful.

Those of you that have already have already been paid will be able to keep your money.

If the ruling goes in favour of the OFT, it and the FSA will have to decide what the banks should do next.

The consumer group Which? says it hopes banks will simply refund the money that they know consumers have paid in charges over the last 6 years, without people having to write to their bank to ask for them back.

But people may have to continue making claims.

What happens if I have been offered a payout?

If your bank has already offered to refund your charges, you have 2 months to decide whether to accept the money or wait for the outcome of the High Court test case.

Accepting the offer will probably mean that you can't complain again after the test case has been decided; turning it down will mean taking a risk on the outcome of the case!

What happens if I am waiting for my bank to respond?

The complaint will remain with your bank or building society.

There will be no decision on individual claims until the test case is resolved.

What happens if I haven't complained yet?

According to Which?, you should carry on writing to your bank to make sure your complaint is in their system. But nothing will happen until the test case is resolved.

The eight organisations are involved in the test case are Barclays, HSBC, Lloyds TSB, the Royal Bank of Scotland, HBOS and Nationwide building society.

They represent 90% of the current account market, and other organisations have been granted a waiver by the FSA, so they do not have to respond to complaints within the usual time limits.

How long will the case last?

The FSA's waiver is set to last a year, which gives some indication of how long it thinks the test case could take!

The banks now have 28 days to file their defence, and could apply for a further 28 days to do so; this means it could be Christmas before the case finally reaches court.

A spokeswoman for Which? said she expected it to last many months.

So if you are in the process of claiming back penalty charges, then you wil need to keep a close eye on this case; it could determine whether you get all of your money back or not a single penny!

Categories for this post: Banking

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Comments

Paul Sherliker says:

Tuesday 31 July, 2007 / 13:07

I am in the process of claiming back the charges the ROYAL BANK OF SCOTLAND have taken off me, and apparently the company i'm using DEBT RELEASE DIRECT have confirmed that the bank have agreed to pay back all charges over the last 6 years. I am just waiting for the confirmation letter from DEBT RELEASE DIRECT so i can cheack the amount the bank owes me.

Ms Julie McWilliams says:

Tuesday 31 July, 2007 / 13:07

My husband is in the process of claiming charges from RBOS they offered him a very low amount considering the high charges they took from him. He has rejected the offer and is awaiting a reply from them.

Irfan Sabir says:

Tuesday 31 July, 2007 / 14:07

Hi - I have received an excellant service from www.recoverbankcharges.co.uk - they managed to get ?900 back for me. I think its still worth contacting these guys as you have nothign to lose in filing the claim.

Mike Lee says:

Tuesday 31 July, 2007 / 15:07

I recovered ?5,600 in bank charges going back over a 36 month period from NatWest recently. I did this on my own using the templates from Martins' money tips so I saved on paying out further for a third party. Keep at it they will pay would have been my comment but this appears not the case now.

PETER WHITE says:

Tuesday 31 July, 2007 / 15:07

My court hearing is set for 17th August and I have completed all the necessary paper work. Will it go ahead and if not what happens next?

Miss Sharp says:

Tuesday 31 July, 2007 / 15:07

I have successfully received money this week through www.getbackbankcharges.co.uk this was a court case that their solicitor won back yesterday - couldn't believe it.

julie says:

Tuesday 31 July, 2007 / 17:07

my bank 2 weeks ago said they would look into my claim but will take upto 7 weeks, but 3 days after the FSA decision i get a letter back offering me a "goodwill gesture" more like an insult of less than 3% of my claim bringing the offer down to ?32.40 there is a petition to ask the FSA to re-consider the impact of its decisions on bank charges claimants, and to rescind its waiver to UK banks at the first opportunity. please sign

www.gopetition.com/...-deal-with-bank-charges.html

thanks julie

june calder says:

Tuesday 31 July, 2007 / 20:07

l have been charged with bank charges, from the RBOS and it is very unfair can you help thankyou

Sarah D says:

Tuesday 31 July, 2007 / 22:07

I claimed back ?1,500 from RBS very easily. Do it yourself using a template letter off the internet. They refunded me within 10 working days. Don't pay a firm to do it for you. It's YOUR money. You should not have to pay anyone else to do this for you.

jay says:

Tuesday 31 July, 2007 / 23:07

im in the process of claiming charges back, however have just been hit with a ?75 charge from hsbc to be applied next week. im going to dispute this charge on the grounds that in light of the court action the bank should suspend the charges aginst me - only fair id say

David D says:

Wednesday 01 August, 2007 / 02:08

Of course the word "sued" should be "used" in this context. I would have fat chance of suing a legal company!

David D says:

Wednesday 01 August, 2007 / 02:08

This waiver to UK banks from the FSA, as a result of the Office of Fair Trading "super-claim", is extremely unfair - especially in cases such as mine, against the Abbey Bank, which are at an advanced stage, and have already been going on for months and months. Rightly or wrongly, I am using a claims company that takes 25% as its fee - so I'm stuck with them really and can't hassle the bank myself (well probably wouldn't do much good at this stage anyway).
Anyone have any further advice on this?

David D says:

Wednesday 01 August, 2007 / 02:08

In reply to Sarah (post number 9) - yes I agree with you that I should have claimed myself using the template letter and NOT sued a company. However, it is too late now as this company says they will get a surcharge (or indemnity) of ?500 from me if I discontinue with them :-(

Dean G says:

Wednesday 01 August, 2007 / 13:08

Hi, i made a claim off Natwest, they replied with an amount they would re-pay... i accepted this & sent back the acceptance form on the 10th July... I contacted 'Borehamwood' on the 24th July where the claims were being made, i was told 'we haven't received that yet'... i sent it 1st class post. do Do you think they knew of the OFT involvement on the Friday? I've still not had a refund... Will this be honoured now..?

Collette K says:

Wednesday 01 August, 2007 / 21:08

Has anyone out there actually had success with www.robertsonholbrook.co.uk in claiming back bank charges?

I made a claim for bank charges through this company in September 2006. They said it usually takes 4 - 6 months to get money back - the last communication I had from them was a standard email in January 2007 but since then I have heard nothing. I'm claiming ?2000 from Bank of Scotland for unfair bank charges. Whenever I try to contact Robetson Holbrook, I can never get through as they are always busy.

Lisa says:

Saturday 04 August, 2007 / 17:08

I have succeeded in claiming my charges from Barcleys Bank and Abbey...they were no problem just dont always except first offers especially from Abbey as my second offer they offered me was over double the first offer ! Good Luck To ya all

Tracey Staerck says:

Saturday 11 August, 2007 / 19:08

I claimed back my bank charges from Lloyds TSB through the Financial Ombudsman and was offered a goodwill payment of ?750.00. I have since received an offer of ?3750.00 which I am hoping will come through soon. I was lucky in that I got my final offer just before the court case. Hopefully everyone will still get their charges back too we have been overcharged for too long! I also think it fair that the Banks should have their charges put on hold until the case is finalised.

Les D says:

Tuesday 14 August, 2007 / 22:08

N.B.
The company acting on my behalf took up my case in early January 2007 and are confident of clients being settled towards the end of this year.
Be lucky.

Les D says:

Tuesday 14 August, 2007 / 22:08

I am currently waiting and will probably wait a great deal longer to hear about my claim against The Abbey for ?9400 as the company representing me for a 25% commission,no win no fee,told me that historically they are the worst bank in terms of co-operation,always dragging their heels etc,so this only goes to anger me further and make me more resolute.
I agree with bank charging but not to the greedy extent with which they have been conducting themselves for a considerable amount of years.
It`s a pity we can only go back 5 years in Scotland, I`d have liked to have gone back 10.
Ive got plenty of time and will not settlefor a penny less than i`m due, good luck to everyone,stay firm!!!

janice says:

Wednesday 15 August, 2007 / 09:08

i have recovered 2800 from the halifax, done myself did have to take bank to court though but settled before got to date, claim away its your money not theres, they did remove my overdraft though as soon as money went into account, but oh well. everything the do is underhanded.

Jon D says:

Saturday 18 August, 2007 / 12:08

In response to Les D, if you received your offer prior to 27th July it's true the offer will stand, but the banks are allowed to re-send the offer detailing the new case events and it's ONLY this offer that they will reimburse you on. If you ahve not had your new offer get onto the bank and the FOS. You have 60 days to accept the new offer letter, if the banks don't hear from you it will wait on the outcome of the test case. Don't let them let your offer slip away

R ob says:

Friday 24 August, 2007 / 18:08

There is a course of action to stop these bank charges, use the internet and people power.

Choose one bank to attack, get together and close as many accounts at that bank as possible, run a campaign against this bank on the net to convince people not to bank there and keep it going.

The civil movement in the deep south of the USA in the 1960`s made this work by not shopping at the mainly white owned businesses.

stephy says:

Sunday 26 August, 2007 / 15:08

I have recieved a letter telling me my claim is on hold and the banks are going to court to resume whether they are in the right and can continue to charge us. Iv heard it could take up to a year! What does everyone think will happen, do you think the courts will vote in favour of us or the banks? Im so annoyed was waiting months and months for my statements to make my claim (even though i kept pestering them) its almost like they put people off because they knew they would be going to court soon and wouldnt have to worry about paying us back for a long time!

Barbara says:

Wednesday 29 August, 2007 / 13:08

in response to R ob August 24th, 2007 at 6:55pm you are so right that is what we all should do stop banking at these banks and encourage other people to do the same and that should stop them putting us in debt and keeping us there.

Alison says:

Wednesday 29 August, 2007 / 17:08

So what do I do now?
I was just about to lodge my claim with the courts through the moneyclaim online site. I have 2 claims each at approx ?1500 each - this will cost me ?120 EACH to lodge with the courts.

Do you think I should carry on regardless - pay the 2x?120 and lodge my claim and wait and wait and wait??? Or hold on to my ?240 for now and wait and see what happens??

I don't have the ?240 to 'throw away' in the event that this all disappears down a black hole? Any body have any advice?? Please???

Emma Gomer says:

Thursday 30 August, 2007 / 10:08

I have been in an ongoing saga with Abbey for the last 4 and a half months I was due to have my final offer on the 5th August. As you know it went to the high court 27th July so I missed out. Abbey are definatley the worst ones out there and are about to charge me another 70.00 in charges. I appreciate we should have a small charge if we cant manage our own money but this is ridiculous. Can we stop the charges until the high court decision

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