Today was the deadline for the banks to appeal against the ruling that was handed down by the High Court last month.
And they have appealed successfully!
Mr. Justice Andrew Smith granted eight banks leave to appeal the court ruling over overdraft charges that looked set to allow thousands of you to reclaim your money, it was confirmed today.
The appeal by the banks against the OFT's jurisdiction in this matter is likely to be held by the Court of Appeal this autumn and a final ruling will be made by Christmas.
The original ruling opened the door for the OFT to challenge the controversial fees, which are charged when you go over your agreed overdraft limit or a cheque or payment is bounced.
Naturally, many of you had hoped that this would lead to a cap on the fees and allow you to reclaim excess penalty charges paid over the last six years.
The Judge said uncertainty about the length of the OFT's investigation risked being unfair to people whose
penalty charge refund claims are currently suspended in the courts.
"How long should we hold up the county court litigation?" he asked. "Are we talking months, years or weeks?"
"We are facing a lot of litigants who have not had their claims struck out and who should be in a position to pursue their claims."
When asked if the OFT would conclude its investigation this year, the regulator's barrister Richard Coleman said he did not know.
"The investigation is ongoing and substantial further work and consultation with the banks has still to be undertaken," he said. He explained that recent changes to the terms and conditions of some banks' current accounts had extended the timescale for the OFT investigation.
Later, however, the OFT said it would share its initial findings with the banks in mid- to late July.
The regulator and the banks agreed that if they could not agree on a fair level of charges, the issue would go to the High Court before Christmas for a ruling.
In the meantime, your
claims to have your penalty charges refunded will stay on hold.
The consumer group Which? said the decision to appeal was a "kick in the teeth" for those of you wishing to claim your money back.
Which?'s chief executive, Peter Vicary-Smith said:
"It'll be at least another year before people start to get their money back, during which time the banks will hit us with up to £3.5 billion in overdraft charges. The banks should do the right thing now, throw in the towel and start reimbursing the customers they've been overcharging all this time."
But let's face it, if you were a bank, you are not going to give up yet are you? Not when you can make an extra £3.5 billion and keep everyone on hold while doing so!According to the OFT, banks earn up to £3.5 billion a year in unauthorised penalty charges; that equates to roughly £10 million a day. They make that by charging up to £39 for each bounced payment, when the actual cost may be as little as £2.
Is it any wonder this issue has struck a nerve with so many of you?
Over a million of you downloaded claim letters from consumer help websites to reclaim your penalty charges.
Many of you managed to win back thousands of pounds from the banks, who refused to contest the claims in court. Overall, it is thought that banks have repaid around £550 million so far. Since last summer the Financial Services Authority has allowed all current account providers to put complaints over charges on hold.
Fool.co.uk commented on the banks appealing against the ruling on unfair charges, with David Kuo, Head of Personal Finance at Fool.co.uk, saying:
"The BBA has confirmed that banks will appeal against the High Court ruling on unfair charges. Customers can't stop them from doing this. But they can stop the clock from counting down the time allowed to submit their own claims.
"Currently, bank customers can reclaim unfair charges plus interest that occurred in the past six years. (Six years is as far back you can go in the courts.) But as each day passes, it's another day that they are missing out on what is rightfully theirs if they don't submit a claim.
"Therefore, anyone who plans to appeal should write to their bank to ask for the charges to be refunded. Follow up with a letter threatening court proceedings. Many courts will probably stay the majority of claims, but at least the six-year limitation on your claim will be halted too.
"Banks know that time is money, which is why they are appealing - they want to hang on to your money for as long as possible. But bank customers can get their own back. Submit your claims without delay so you can get your refund in full when banks run out of time and options."
So, time is money; don't delay in submitting your
claim for unfair bank charges!
So, how has the banks' leave to appeal left you feeling?
What do you plan to do next?
Claim back your bank penalty charges
Claim back your credit card fees
Claim back your mortgage exit fees
Claim back your Payment Protection Insurance