Bank penalty charges: do you want Tom Brennan to win?

by Money Doctor Monday 11 June, 2007

Bank penalty charges...

It has been a very long running saga and one that has been the subject of frequent discussion amongst both the staff and patients here at the Money Hospital!

We thought it was about time we asked you all an important question:

Do you want Tom Brennan to win?

Now, before you all think we are being mad and asking a really obvious question to which many of you will respond with a resounding "Yes!", let us explain the bigger picture!

Thousands of you have been reclaiming charges going back 6 years on the grounds that they bear no relation to the bank's costs and are therefore illegal.

Many of you have been successful; many of you are still involved in trying to claim back your charges, while others of you have yet to take the brave step of starting the whole claims procedure (which is quite simple really!)

Banks have largely settled out of court rather than reveal their actual cost of overdrafts and bounced cheques (probably because they know how annoyed we would all be about how little it actually costs them to process such things...)

There has been a lot of uncertainty surrounding the payment of claims for charges levied on unauthorised overdrafts, which campaigners estimate make the banks about £4.7bn a year!

They don't like to lose money, and with more than 1 million of us having downloaded complaint forms from consumer websites, and with more than £50 million already having being refunded in penalty charges, banks will continue to lose out on their massive profits from penalty charges!

Banks have been reluctant to admit how far they are being affected by many of us reclaiming charges, but Barclays and HSBC revealed recently that their profits might be hit as a result of the customer revolt. Other banks are expected to make similar admissions in upcoming financial results.

So far, many of you have been successful because your banks have settled your cases before the issue came before a judge, precisely because they want to avoid an adverse legal decision.

Recently a judge stated that he believes all sides should let a case reach the Court of Appeal in order to see if a decision could be made.

Many leading figures banking figures believe the OFT (Office of Fair Trading) investigation, (which is expected to report at the end of the year), will not provide a solution and a test case may be the only way to tackle this issue.

There is a worry that the OFT may be soft on bank charges as it might consider that it's more important for the majority of us bank-account holders to continue to have free banking!

Perhaps the most important name in all of this is Tom Brennan (whose case is still awaiting a decision on whether it will be heard!).

As many of you are no doubt aware, he is at the forefront of the campaign to claim back penalty charges and prove that what the banks have been doing is unlawful.

So what happens if he wins?

  • Tom believes that NatWest (and probably all the other banks) will start repaying charges in full as soon as they receive a request, rather than dragging it out by denying the charges or using stalling tactics etc.
  • Other effects of him winning would be that it would provide a huge psychological boost for any future claimants and also that current claims for many of us might be processed a lot quicker than they are already!
  • The worry (and most likely scenario) is that it will be the end of free banking in the UK! The banks would realize that they would no longer be able to make vast profits from penalty charges and so would have to make their profits in some other way. They would most likely do this by charging us all a monthly fee to have a bank account and to cover the cost of administering it.
  • More and more banks are already charging us account fees, or monthly maintenance charges, because of the high numbers and success rate of many of us claiming back unfair banking charges, but it is likely that all the banks would go down this avenue if Tom Brennan were to win.
So what happens if he loses?
  • If Tom Brennan loses and the judge decides that bank charges aren't penalties, then the repercussions for him and all of us who are claiming could be very bad.
  • NatWest, and most likely the other banks, will probably stop refunding people almost immediately and it would probabaly also mean the end to anyone being able to lodge a claim against their bank for charges imposed on them in the last 6 years.
  • Not only that but they will continue to impose overdraft and cheque charges on our accounts as they will be deemed "lawful" and that means we won't be able to do anything about them.
  • The positive from it would be that we would all continue to enjoy free banking without having to face monthly account fees (for the time being anyway!)
As we said earlier it is important to look at the bigger picture, but we would also like to know what you think too:

Do you want Tom Brennan to win? (so we can all keep claiming back our charges?)

Or do you want him to lose? (so we can all continue to enjoy free banking?)

Categories for this post: Banking

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