Bank penalty charges: Judge does u-turn in important case!

by Money Doctor Monday 09 July, 2007

Bank penalty charges - the saga continues!

A few of us here at the Money Hospital liken the bank penalty charges issue to the Star Wars saga, with the evil empire and the rebels locked in a deadly struggle (although we will leave it to you to decide who is whom?!!)

As many of you aware, banks are generally losing when it comes to court cases (normally as they don't bother to turn up!) but there have been a couple of cases where a Judge has ruled in favour of the banks.

However, campaigners led by the Consumer Action Group (CAG) persuaded a judge at Hull County Court to allow their 44 cases to be heard.

The same judge had initially wanted to follow a recent case in Birmingham, (where Lloyds TSB defeated claimant Kevin Berwick who was demanding a refund of £2,545) and strike out the cases in favour of the banks.

But his u-turn saw banks in 37 of the cases settling out of court, netting £50,000 for those account holders hit by penalties as high as £39 (some for being overdrawn by perhaps just 1p!)

Marc Gander, founder of the CAG said: "With financial help from website MoneySavingExpert.com, we hired top banking QC Raymond Fox to fight the strike-out orders"

But the Yorkshire and Clydesdale banks (who were cited in 4 of the cases) have vowed to fight on, with them claiming "our charges are fair and legal. Customers agree with them when they open accounts".

However, they will have to choose between revealing their costs or settling out of court as the judge imposed a disclosure order forcing them to reveal their true costs!

This is the crucial point of the whole penalty charges campaign as many of you argue that penalties are greater than the real cost of bouncing a cheque or setting up an overdraft which, internal bank documents show, is around £3.

So, if a bank finally has to disclose its true costs of administering overdraft fees etc, will it mean thousands more of you being able to successfully claim back your penalty charges?

Or will there be another episode in the saga that we haven't foreseen yet?

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

Are banks finally owning up to penalty charges?

Categories for this post: Banking

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Comments

joanne says:

Tuesday 10 July, 2007 / 16:07

hiya everyone
am made up that the banks have to own up to this. I was paid back my bank charges a total of ?1700 but they are still charging me ?30 every time i go overdrawn if they are admitting they are wrong then why are they still charging us this ridiculous amount?

Frank Shava says:

Tuesday 10 July, 2007 / 23:07

Well done keep up the good work,these monies are hard earned banks already make huge profits ,look at their annual accounts.This is daylight robbery.

Paul says:

Wednesday 11 July, 2007 / 09:07

This is ridiculous. You are not rebels fighting an evil empire, you are people that have spent money that is not your ouwn without cosent. You have either taken money with no authority or you have exceeded the agred overdraft and broken the trust that existed between yourselves and the bank. You are the baddies in this case. LloydsTSB made 7% profit last year. With inflation running at 3% that means a true profit of 4%. This is not a huge profit. It is a poor profit and that reflects in the poor share price.

Maria Walker says:

Wednesday 11 July, 2007 / 14:07

LloydsTSB only making a true profit of 4%....
HSBC made 11 million (or was it billion) and Natwest only 9 million last year....
What a shame....
I wish 4% in my salary was 1 million -

Fletch says:

Wednesday 11 July, 2007 / 15:07

Rubbish Paul.
Banks have to obey the law. If they weren't charging more than they were legally allowed to in the first place then people wouldn't be claiming it back from them.

My personal example.. I realised that I was going to go overdrawn so put some money into my bank account to cover this. However the bank conveniently decided to process the transactions in the order that best suited them. Instead of crediting my account with the money paid in to cover the payments out, they first debited the outgoing money. This took me overdrawn and triggered a charge. Then they credited the money that I had paid in. This took me out of the red. However by going overdrawn it had then triggered a charge that was added to the end of the list. They debited this charge, which then took me overdrawn again.. and meant I got charged a second time. I would have been better off not trying to keep my account in the black in the first place!

Michael Bennett says:

Thursday 12 July, 2007 / 00:07

Question for Joanne 2 why if you have received ?1700 back from the bank for going overdrawn which at ?30 is a staggering 56 times are you still going overdrawn,the first time ever last month I missed a payment by one day and it cost me a ?12 charge, my fault so my bank charges for the past 6 years have been ?12 I dont think thats bad and I'll make sure it doesnt happen again. with reference to other comments about banks making 4% profit sorry I dont believe it, Banks have many fingers in many pies and yes one part of the bank may well have made 4% but dont forget Banks can transfer profits from one business to another without any problem, and figures are what banks are about, if the banks can brake the law cheat rob and lie with impunity then why is it we believe them when they plead poverty.

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