Tom Brennan case update!

by Money Doctor Friday 13 April, 2007

Money Doctor here with the latest news on the Tom Brennan case!

As we mentioned previously, Mr Brennan could be the man that wins the bank penalty charges war for us all!

Here at the Money Hospital we have just heard that Tom's court bid to seek damages from NatWest bank over "unfair" penalty charges has (sadly) been adjourned without arguments being heard!

Tom had lodged an application to obtain exemplary damages from the bank in relation to unauthorised credit penalty fees.

However, Judge Peter Simpson adjourned today's session stating that not enough time had been set aside and referred the case to a future date.

Mr Brennan, who recently qualified as a barrister, was at the City of London county court to claim damages against NatWest after he ran up £2,500 in penalty charges while studying law.

Mr Brennan is demanding the right to claim exemplary damages (punitive charges levied when the defendant's wrong is deliberate, malicious or negligent) on top of the cumulative cost of the fees.

Speaking after today's session, Mr Brennan said he was "massively disappointed".

He added: "It should be noted that any delay is going to assist the defendants because only six years of charges can be made. "Every day that passes, more money is being saved by the bank."

Before the hearing Mr Brennan said on his personal website: "As a result, I am of the opinion that NatWest's charges are disproportionate, and therefore 'unfair' under the 1999 [Consumer Contract] Regulations."

He added: "If a judge rules that those charges are 'unfair', then it follows that NatWest have been acting unlawfully in order to make a profit, and this is why I am bringing a claim for exemplary damages. "In short, NatWest should not be entitled to profit from its own unlawful conduct."

Mr Brennan said he had refused all offers from NatWest to settle the claim, but the bank had refunded the charges to his account without any explanation and against his permission.

A statement from NatWest said: "The claim is the subject of an ongoing defended court process and it would be inappropriate to comment further." (hmm, maybe they think they have got away with it?)

The court hearing, which will now take place on 30 April, will not be a hearing of the full case. It will be to establish, first of all, whether Mr Brennan does in fact have the right to claim these extra damages.So what happens next? Here at the Money Hospital, none of us are sure (not even Matron who is a wise old bird!)

But rest assured, you will be the first to find out!

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Comments

Carys Drury says:

Friday 13 April, 2007 / 19:04

Good luck Mr Brennan, I have juct wrote off to Barclays and am awaiting a reply for over £4000 worth of charges over the last 6 years and this month they have the nerve to have charged me nearly £100 yet again, it's time the little people stood up for themselves.

Paul Morris says:

Monday 16 April, 2007 / 12:04

Whilst i completely agree that the charges are excessive i do struggle to understand people who are regularly being charged (as an example) £100 per month in fees. Surely you should think of fixing this problem rather than just accepting these charges each and every month?

andrew burgess says:

Thursday 03 May, 2007 / 21:05

paul norris said people should think about fixing their bank charges problem rather than just accepting it which technically is true, but life is full of unexpected expenses and many people have unexpected outlays and maybe are to busy earning a living to spend time in their bank arranging extra borrowing facilities each time unexpected happens. i complained to r b s about 305 in charges and got 357 back . my partner just offered 1942 goodwill gesture also. they are wrong and know it.

Lee Massey says:

Wednesday 09 May, 2007 / 11:05

So which bank does Paul Morris work for then?  I have asked Lloyds TSB for my £270 back and they are stalling.  I am about to file at court and they are still dragging their feet, the banks should accept the error and pay back the money they have taken.

mike runcorn says:

Tuesday 22 May, 2007 / 22:05

I have today received a letter from nationwide refusing £900.00 charges and Halifax £2900.00 I am going to take them both to court. It is totally unjustified when you analise the charges .everyone keep fighting!

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