Ali Hussain
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VICTIMS of rip-off bank charges are being urged to claim back their money as soon as possible because the tide may be turning against them following a court victory for Lloyds TSB last week.
A district judge at Birmingham county court dismissed a claim for more than £2,000 in charges and interest from Kevin Berwick on the grounds that they were for a service and not default or penalty fees. It is the first time a bank has fought a disputed bank-charge claim in court and won. Berwick is expected to appeal against the decision.
However, consumer groups such as Which? say people should not be put off, especially as the judgment was made at a county rather than a high court and therefore does not set a precedent.
Emma Bandey of Which? said: “This news must not deter people from reclaiming their bank charges. People shouldn’t be scared or worried about continuing with their claim or indeed starting one.”
About 3m people have downloaded template letters to reclaim charges, and more than 1m have already received a refund, with some even succeeding in charging banks the same level of interest they face for being overdrawn. In some cases this is as high as 15% or more, compared with the statutory 8% that a court automatically allows.
However, concerns were raised last week about a new breed of firms that offer to help reclaim charges in return for a cut of the proceeds – sometimes as high as 25%. The Information Commissioner is probing the tactics of such firms, which have been accused of cold-calling customers.
Consumer groups urge people not to respond to unsolicited calls, and emphasise that many websites, such as which.co.uk, offer free advice. They also point out that consumers can pursue cases via the Financial Ombudsman Service which, unlike the courts, is also free.
Last week banks were also under pressure after Andrew Tyrie, Tory MP for Chichester, said they should be forced to give customers regular itemised statements of charges and interest levied to increase transparency. Tyrie said in a report for the Centre for Policy Studies think-tank that meaningful price comparison between banks was “virtually impossible”. He added that opaque charges made consumers mistrust banks and believed they are “all on the same racket”, reducing the incentive to switch.
His comments follow similar demands for change from the Competition Commission, which last week concluded a year-long investigation into the Northern Irish personal banking sector. Its recommendations are likely to feed into the ongoing investigations into personal banking in England and Wales by the Office of Fair Trading, the results of which are due in spring.
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