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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When I divorced several years ago, I had an agreed overdraft of £1000. I went into my branch to see the manager, explained I was going through divorce and that my finances would be a little unsettled. He reassured me that the bank would 'look after me' and ensure I did not have any problems financially.
One week later I got a letter telling me that as my circumstances had changed, I would no longer be allowed an overdraft. Instantly, £1000 excess overdraft! I spent the next six months struggling to sort my finances whilst paying up to £150 a month in aditional charges for being overdrawn! After this period I had a further meeting with my manager, as I was still £600 in the red. I had my statements for the previous 6 months, showing £700 additional charges for being overdrawn. He smiled and told me I should not go overdrawn if I don't want to pay charges.
Brilliant service and customer relations, LLOYDS TSB.
Mike Byrne, Southport, Merseyside
IBAS has stated clearly for more than last fourteen years that there is no excuse for bank 'profiteering' - the penalty fees debate has shown that the banks are not confident that the law is on their side in this area.
This is just one of many such area where profiteering by banks has been allowed for too long and IBAS has repeatedly requested Government to windfall tax banking because of that profiteering. However, Government has refused that option.
Consumers have now taken the opportunity presented to them and are reclaiming 'unfair' penalties in volume. Those penalties were in our opinion 'inflicted' on bank consumers by lenders purely for the profit they would generate and for no other reason.
Fair, decent profit should be applauded by us all - equally unfair or indecent profit which created by intentional, targeted profiteering should be abhorant to us all.
Eddy Weatherill
Chief executive
Independent Banking Advisory Service
Eddy Weatherill, London, U K
I have been charged by my bank in the past for not having the funds in place to cover a direct debit. To say I had been spending the banks money without thier permission would not be fair as the bank did not pay the direct debit. they refused to pay and charged me £39.00 I hope that a judge would not veithat as a charge for a service.
Jordan, York, UK
This is in answer to Rob. I'm glad you've never had any money problems and never get charged penalties. I hope you continue to avoid them.
Unfortunately many people live at the limit of their means, and not though high living. The cost of living, rents, kids etc. is generally quite high when compared to wages. Many honest hard working people live from pay cheque to pay cheque and this delicate balance can easily be upset by a small event such as a sudden illness. In this instance it just takes one small penalty to cascade into many penalties ans the fees make further payments harder to honour.
These cyclic situations are difficult and time consuming to extract from, even with the help of the bank. It's these people's misfortunes that funds your free banking.
As for signing a contract that clearly states these charges, try and find a bank that does not charge in this fashion. They all do, and one cannot exist reasonably without a bank account. The banks have a captive market.
Damien, Unley, Australia
Rob,Uk,Uk,
Obviously you have absolutely no financial problems.
'Let them eat cake'!!! springs to mind.
example: £5.66 in bank account. £6.28 DD due out. Day before wages paid in monthly without fail. £39.00 charge.
Disgusting!
JPK, Cupar,
I'm sorry you feel that way Rob, however the point of law being argued is that the banks are charging a penalty fee for a breach of contract. Essentially what you have stated amounts to the fact that if you breach that contract you so willingly signed, the banks can charge you anything they want to charge...so how about if you miscalculate by 1p and then go over drawn we will charge you £1000. The law is there to protect the consumer from unfair contracts like this. Were you allowed to negotiate the contract you signed...no. Have the bank continuously raised the charges year on year without your agreement...yes. What consumers are saying is that we will willing pay the charge if it is lawfully applied. The law states that the bank can only recover a breach of contract loss which is a fair and proportionate estimate of their costs. We now know that it costs less than £2.50 to breach the contract yet we are being charged as much as £39 for the priveledge.
Nick, bradford,
Get your own life sorted out if you think victims of these charges are being selfish! Perhaps if you took a break from your perfect little lives you might consider that some of these people have fallen on hard times through no fault of there own! You dont tell starving people to get there acts together and stop spending our money!
Simon, Lancashire,
Victims of "rip-off" bank charges, need to sort out their lifes and look after their money, if they can not do that, then how can they look after their children.
you signed a contract which clearly states these charges, you dont sign a contract in life which says you wont do 40 down a 30mph road. and yet i bet every reader and post here has done that!
All the idiots who claim back their charges are incredible selfish, as those who have never paid a charge will soon be paying a monthly fee for their bank account, an act being brought on by these idiots who think they are doing the £rightouse" thing£.
Get your lifes and your acts sorted, and stop using the banks money without their permission.
Rob, UK, UK