Banks win, but it's not over 'til it's over

by Tom Collins Wednesday 25 November, 2009

The Supreme Court has this morning ruled in favour of the banks and said that bank charges do not have to be fair.

The shock ruling has come as a blow to millions of customers who have been charged billions of pounds and currently have refund claims on hold.

However, the banks' victory does not by any means mean that people will not be able to get their charges back - the battle is far from over.

Why we think you may still be able to get your charges back:

The Supreme Court has said this is not the end of the matter

The Supreme Court's President, Lord Phillips, said that this is not the end of the matter and the Office of Fair Trading (OFT) can still explore other legal avenues to scrutinise bank charges.

He added that this morning's ruling does not resolve the millions of claims currently on hold and the Financial Services Authority have since announced that these claims may have to be dealt with the banks on a case-by-case basis.

The OFT can still appeal

Although the Supreme Court is the highest court in the UK, the OFT still has the right to appeal to the European courts.

Remember, the OFT have repeatedly said it thinks that bank charges are unfair. If they want to continue their fight, there are higher powers they can take it to.

In fact the OFT have said they are "disappointed" by the verdict and will release a full response in the next couple of weeks.

An election is coming up and the politicians are on the people's side

Both Gordon Brown and David Cameron have stated that they wish for a swift settlement in the bank charges battle. Today's ruling did not settle the matter.

The government doesn't control the judges in the courts but they do control the regulators, so they may still yet use their powers to help the consumer and help themselves to potentially millions of votes.

Banks will still refund those in financial hardship

The banks have reiterated that they will still review cases where the account holder is in financial hardship.

If you wish to make a claim on these grounds, or already have a claim and are suffering financially, then contact our partner Claims Financial today and they will get your case looked at by the bank and get you a refund.

There may be alternative courses of action we can take

Although the OFT now has little power over bank charges, people may still be able to pursue their claims individually through local courts. As soon as the dust has settled it will become clearer what legal rights we have and what we can do to get unfair bank charges back.

Watch this space for further developments...

- See if you can claim back unfair bank charges »

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Comments

Cephas says:

Thursday 26 November, 2009 / 02:48

I was a devastating verdict to all of us except the man passing the verdict. I however feel that the OFT some how relaxed between the two judgements.  If they had gone back to people and said bring more evidence to help us support our case I don't think we should be where we are now.

I suffered these charges the time I lost my job and the bank (Barclays Bank) was aware there was no income coming and they should have been sympathetic to they approach but savagely tore me apart three £35 charges in three weeks was unfair and uncalled for their staff seemed to enjoying. The Banks should be definitely facing the music, I don't think one man's judgement should deter us. I wish the OFT should ask the General public for donations to fund the appeal case I will be the first to donate.

I have one case scenerio here, at Barclays bank the information about the stutus of your account on ATM and the counter teller is different. Let me tell you why because of our hectic schedules and the conduct of business inside the bank people tend to que on ATM to check their statements or withdraw the money they want to use. The ATM's balance information is 2 day behind and this makes it easy for one to go over the limit.  They will not let you know for obvious reasons and why their computers are not mated realtime to give us realtime information. This is day light robbery from an institute that is supposed to be a financial advisor. I wish the judge new that if he did then this is a scam.

Robert Graham Mileman says:

Thursday 26 November, 2009 / 08:47

Banks take such criticism over bonuses and other matters – it’s nice seeing courts make sensible/correct decision in favour of them.

People who incur charges for taking unauthorised overdrafts are effectively stealing money from us investors – as we through the banks haven’t authorised them having it.

It’s time all the irresponsible customers who don’t plan finances and go into unauthorised overdraft or above levels agreed – start taking responsibility for planning finances.

Our Government also needs to stop it's irresponsible borrowing and which sets extremely bad example for individuals who have no responsible behaviour example - I was unemployed several times but didn't spend money or illegaly issue cheques if no funds available.

Clive Sawers says:

Thursday 26 November, 2009 / 09:30

It annoys me when others comment on poor customers as if they were irresponsible and went beyond their overdraft limits and were therefore thieves. While this may be true occasionally I believe that the vast majority of people who get into this position are genuine honest and hardworking people who have forgotten to check their financial position. A few pence over the OD limit and they get stung for hundreds. I know many people in these circumstances and there is no doubt that they have been ripped off. The poor should NOT be funding the cost of providing free banking for the more wealthy. It is good that we have not reached the end of the story. Banks, you can fool some of the people all of the time and all of the people some of the time but you will NOT fool all of the people all of the time; wise up and treat your customers fairly...

David says:

Thursday 26 November, 2009 / 09:57

Robert needs to get a reality check, there is not another business on Earth where you can owe a few pence to a company and be charged rates that the banks charge, the issue isn't whether people are on top of their finances, as you are obviously, it's about the amount charged. If you are late paying a domestic bill, how often do you get a letter from the supplier demanding £35 extra for late payment? What is wrong with people, the banks are a business like any other, they can loose money like any other business, but how many other businesses are propped up by the public when they make poor business choices? NONE! just the banks, they have been robbing people for years to pay for their failures and huge bonusses, let them sink, that's what I say.

sandra says:

Thursday 26 November, 2009 / 13:21

I'm closing my bank accounts. Why? I am not lining their pockets again, while when we are in the black, they borrow my money and I don't get any interest worth talking about. Instead I'm digging a hole in the back garden and planting a flower on top so I know where it is and it's all mine. I will be using cash or postal orders instead. Banks suck

DAWN says:

Thursday 26 November, 2009 / 13:26

Hear Hear David, i could not agree more reference your comments. You read my mind regarding domestic bills, as all you would receive is a letter if payment was not received on time, call it a red one if need be, but NO CHARGES. Charges for all bussinesses could not, and does not happen in the real world. Other bussinesses work for their customers, not against them, unlike the banks. They are definately alone in their world of CHARGES, how often and how much. Also i would like to add that regarding the court decision, was is not mentioned attall about customers that had received refunds before the HOLD ON A MINUTE, WE ARE PAYING OUT TOO MUCH HERE, came into play, and many of them i might add. Why woud this not be classed as UNFAIR, to all the rest of us people / customers, that have undergone a very long wait, and have had to go through the exact same process. In my opinion this should not have been decided on a first come first serve basis. Im pleased those people managed to get their money back, but i believe they should still pay for ALL persons, not just some.

Hannah says:

Thursday 26 November, 2009 / 15:14

Robert, I think that is a very unfair comment. I lost my job in 2005 and had a 3 year old and 4 year old at full time nursery. I managed to get another job, at Barclays within 2 weeks, but my salary was nearly half what I was previously on. I made HSBC aware of my situation as soon as I got into it and they responded by stopping my overdraft facility immediately, rather than allowing me to get back on my feet and wait for my first salary to come in. Then they started charging me, then they charged me for being overdrawn even though they had made me overdrawn with their charges. The situation got so stupid they forced me to take out a "managed loan" to repay the "overdraft" I had accumulated made up solely of their bank charges. Once Barclays discovered I was in debt, I then lost my job their too. I had to go on income support for a few months as I couldnt get another job as I'd always worked in finance, and now my credit report was blemished. The CSA wouldnt collect payments from my ex, so I was trying to support 2 children on £55 a week income support (this was before the child tax element was paid seperate from income support). And again I got into more debt. HSBC made sure they had their charges and I was left nothing to feed my children with.
Thankfully I got myself back into work, but since 2005, HSBC have had £4000 worth of bank charges out of my account, not to mention the 18% interest I had to pay on the managed loan which was all charges.
NONE of that was my fault. HSBC caused my hardship, and despite me being on maternity leave and my husbands overtime been cut, they wont consider my claim. THAT is unfair in my opinion.

Del Ola says:

Thursday 26 November, 2009 / 16:49

the supreme court judges definitely out of touch , i don`t even think they have a bank account ,

Tom @ Money Hospital says:

Friday 27 November, 2009 / 08:31

Hannah - I must say your experience sounds awful. How that behaviour can't be categorised as grossly unfair is beyond me. Did you lodge a claim? I wonder if, given the exceptionally poor performance by HSBC, you wouldn't have a wider claim against them for hardship.

jane says:

Friday 27 November, 2009 / 18:47

although i dont agree with charges creating more charges they are set out in the terms and conditions you sign for when opening a bank account and i also do not know of any other business who would supply the level of service the banks do without any charge as long as you remain in credit and only charge interest on an authorised overdraft.

Mark says:

Tuesday 01 December, 2009 / 07:49

i understand that the banks have to/may charge an amount but "what is a reasonable amount?" I have been with my bank for years (mortgage wise) and changed my current account and savings with them.  I needed to pay out a lot of money one month and requested a £200 overdraft so that i would not incurr charges.  The bank refused my overdraft and said "i dont look after my account correctly" what is that all about? We work, we get paid, we spend!! its part of life.....so i have to live on beans/toast to keep my account in order so that i can obtain an overdraft??? weirdos....aint it funny when the profits are set to millions/billions because they are investing MY money to make profit......its law that we have to bank......should go back to the old days....cash in the hand......! the banks need to sort themselves out and BE REASONABLE....ITS OUR MONEY.

Harps says:

Tuesday 01 December, 2009 / 14:48

I think Robert's a Banker (or should i replace the B with an W)!??!?!?!
How can you justify the banks decision for charges of £35 every time when it costs no more than £5 to implement??
On one hand there are people who have an account & know they're going to go overdrawn just for the sake of a take away or fags etc & rightly so they should be charged but for us working class earning £200 p.w with kids to support, having an overdraft in times as hard as this is vital to make ends meet but when they charge for the privelage, then charge £35 a hit for going pence over the limit, charging for the nice letter they wrote to let you know you're over the limit etc isn't acceptable.
The banks & bosses in charge have f*****d up big time & been bailed out & yet again us people are the one's who have to suffer. Surely the right thing to do was to agree a sensible limit that should've been charged & refunded the difference back!?!?

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