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Bank Charges: The Battle

Wed 16th January 2008

grabbing cash

The great bank charges test case is set to get under way this week but anyone waiting to reclaim their charges may still have to wait another year to do so.

That’s because the High Court case, to be heard in the nearby International Dispute Resolution Centre in central London, is only the beginning and not the end of the legal process.

The initial case is to determine whether the fees banks levy for exceeding your credit limit or bouncing a cheque or direct debit could be deemed unfair under consumer contract regulations – something the OFT will argue. If the OFT wins it then has to decide whether the current charges are indeed unfair, and then has to ensure the banks stick to what it considers to be a fair charge. If the banks don’t play ball we could get another court case. And when you consider either side may appeal, we may still be waiting this time next year.

So far, around two million people have reclaimed an estimated £1 billion in charges from the banks. However, in July last year, the banks’ regulator, the Financial Services Authority, put a halt on claims once the OFT announced a test case would take place at the start of this year.

Keep an eye on Martin's Bank Charges article for full up-to-date information on the test case.