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Issue 91 - April 2008 
Home Loans Credit Cards Insurance Mortgages Banking & Saving Product Guides
The Office of Fair Trading has won the first round of its challenge against unfair bank charges but don't get the champagne glasses out just yet. The banks could still challenge the Court ruling and even if they don't this is not a straightforward win for the consumer - it's likely that the banks will fight back and it could be the death knell for free banking!

Unfair Bank Charges - A Victory For Some But At What Cost?

Campaigners are celebrating after a judge has ruled against UK banks and in favour of consumers in the first round of their challenge against unfair bank charges. The case has been brought by the Office of Fair Trading (OFT) in an attempt to clarify the situation regarding bank charges levied for unauthorised overdrafts and bounced cheques.

Over 1 million bank customers have claims on hold and many more have already been successful in reclaiming charges levied against their accounts. The OFT has now sought to clarify in the High Court whether these charges are covered under existing consumer contract regulations. The result of the case is that the Court has ruled that the OFT is allowed to assess the fairness of these charges under the Unfair Terms in Consumer Contracts Regulations (UTCCR).

This doesn't mean that the Court has ruled that these charges are unfair but it leaves the OFT free to determine fairness or otherwise of these charges. As it was the OFT who brought the test case in the first place, it now seems highly unlikely that they would not rule in favour of the consumer leaving the way clear for millions to reclaim charges going back as far as the last 6 years.

But don't celebrate just yet. It's likely that the banks will launch a challenge to this ruling which means there will be further delay before this matter is finally settled.

Our concern is that whilst a positive ruling is great news for those who have suffered from charges for breaching their account terms it's not such good news for other bank customers who have managed to avoid them. It's perhaps naive to expect the banks to swallow this loss of revenue without fighting back. It's estimated that the banks make in the region of £3 billion each year from these charges and if customers are allowed to claim back up to six years worth of charges it's clear that the overall cost to UK banks could be substantial.

Continued....

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