Banks going to High Court over penalty charges!

by Money Doctor Friday 27 July, 2007

  • High court to hear test case on 'illegal' banking charges
  • Banks and OFT seek definitive ruling
  • Customer claims on hold until decision is made
In a surprise announcement the Office of Fair Trading (OFT) announced on Thursday night it had started High Court proceedings to clarify whether bank charges on unauthorised overdrafts are fair!

They have agreed a test case with 8 major banks and building societies to decide the principles of reclaiming bank charges.

The Lenders in the test case are:

  • Barclays
  • HSBC
  • Royal Bank of Scotland
  • Clydesdale Bank
  • HBOS
  • Abbey
  • Lloyds TSB
  • Nationwide
At the same time the regulator the FSA has said banks no longer need to deal with complaints; the Financial Ombudsmen is likely to suspend dealing with them too!

However, the banks will still need to make a note of any claims lodged, and will have to honour offers to settle that were made before the test case and FSA waiver were announced.

(Note that this doesn't impact credit card reclaiming!)

Here is the Channel 4 News video in which Martin Lewis from MoneySavingExpert was interviewed as the news broke!

Over 2 million of you have reclaimed and most through using the consumer groups such as Penalty Charges, Consumer Action Group and MoneySavingExpert.

However it appears that none of the consumer groups were consulted before this was done.

Why weren't the people who've been driving this campaign asked for a view?!

This announcement has saved the banks an estimated £200 million in reclaims by the end of the year. (After all, the vast majority of you that claimed, got your cash!!)

The best situation for consumers would be if they win and bank charges are deemed unlawfully high.

The banks will be told by the regulator "you took people's money from their accounts without asking, something even the taxman can't do, so you must give it back to everyone without being asked".

This isn't small money and it could cost the banks £10 billion!

So what happens next? Its unlikely that the case will be heard before the Autumn and a decision won't happen much before the end of the year...

But we will keep you informed!

Categories for this post: Banking

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