Bank charge court claims need to be watertight

Experts have warned that consumers that are trying to reclaim bank charges from their banks through the courts need to make sure that the case they are putting forward is solid and watertight in order to increase their chances of successfully reclaiming back the cash from the bank.

Apparently a number of claimants are failing to provide the right documentation or are failing to put forward their case properly, and this can increase the chances of the judge ruling in the bank’s favour.

Judges are becoming impatient with these cases, as there are many pending and blocking up the court system, and banks fail to turn up to defend themselves, which means that the claimant wins the case by default.

Experts claim that judges are now looking to get rid of what they describe as frivolous claims, and this could affect those that do not put forward a strong enough case or provide the necessary paperwork and documentation to support their claim.

Lloyds TSB has already won two cases, where the judges ruled in the bank’s favour rather than that of the claimant. A judge in Hull has also stated that he may strike out twenty claims against banks. Experts think that all of these lost of struck out cases could be the result of sloppily put together cases and inappropriate or inadequate documentation from the claimant.

Thousands of consumers have been claiming back charges from their banks going back up to six years, and these charges were applied for exceeding the overdraft limit on the account, as well as for returned direct debits and cheques. However, where banks have reduced to repay the full amount many have decided to file a small claim against the bank through the courts.

Tom Smith
30th June 2007

Consumers outraged by judge’s bank charge decision

A number of consumers in the UK are outraged at the decision of a judge in Hull who plans to dismiss their court cases against a number of banks.

Around twenty customers who have taken their banks to court over reclaiming bank charges have been told that the cases are likely to be dismissed as a result of the recent case won by Lloyds TSB. Lloyds was the first bank to win a case, when the Birmingham judge ruled in the banks favour rather than in favour of the plaintiff, Kevin Berwick, who was seeking over £2500.

Despite officials from the Financial Ombudsman Service stating that the Lloyds TSB case is not a definitive one, the judge from Hull, Ian Besford, has cited this case in his decision to dismiss the cases against Lloyds TSB, Barclays, and HSBC. The cases are due to be heard on July 4th. A number of the consumers concerned have contacted the BBC with regards to the issue.

A spokesperson from Consumer Action Group stated: ‘Kevin Berwick lost in his case in Birmingham because he didn’t supply enough evidence. This judge in Hull seems to be striking out the claims before he has even seen the detailed evidence of each claimant.’

However, the judge has stated that he plans to dismiss the cases because there appears to be ‘no reasonable prospect of success in the light of the recent decision’ regarding the Lloyds TSB case.

This is the first judge to have referred to the Birmingham Lloyds TSB case in his decision. A court official from Hull stated: ‘It is entirely up to each judge to decide for himself if the Birmingham judgement is an interpretation of the law he agrees with.’

Tom Smith
12th June 2007

Banks warned by judge over unreasonable behaviour

A judge in the UK has issued a warning to banks in relation to unreasonable behaviour in cases where consumers try to claim back charges that have been deemed unlawful and unfair.

Many consumers in the UK have made claims for bank charges going back up to six years, and although in all cases but one the claims have been successful a number of banks have been acting in a manner deemed unreasonable, using retaliatory measured such as account closures to get back at the consumer.

And another tactic being used by some banks is the pretence that they will be defending claims in court, when in actual fact they have no intention of doing this at all.

It is this tactic that is being objected to by the High Court judge, David Mackie, who claims that the banks are wasting court time and resources with this pretence. He further stated that he was looking into awarding damages against the banks if they continued to do this in instances where a consumer has filed a claim in court.

The London Mercantile Court has had hundreds of these bank charge cases referred through lower courts this year, and the hope is that at some point one of the cases will be heard, producing a test decision.

Judge Mackie stated: “If the banks had won, many fewer customers would have sued. If the banks had lost, the claims would have been much easier to sort out than they are now.”

With banks deciding to settle the claim at the last minute before a case is heard, the likelihood of a test decision is a slim one.

Judge Mackie added: “On the face of things each case raises serious issues which the court would permit to proceed to trial. But this is fantasy because, at least for the moment, we all know that there will be no trial.”

Tom Smith
30th May 2007

Bank charge firms to be investigated

On the back of current investigations that are being carried out into the charges applied to customers’ accounts by banks in the UK by regulatory bodies, a further investigation will now be carried out into the various firms that have sprung up claiming to be able to help consumers to recover these charges – for a fee.

Regulators will now be looking into and scrutinizing these firms amidst fears that many consumers may be wasting their money on paying unnecessary fees for a task that they can carry out themselves free of charge, other than paying for copy statements.

UK regulators have been looking into unfair and unlawful charges that have been charged to customers’ accounts by banks for some months, and as a result of this many consumers have managed to claim back charges and fees going back up to six years, which in some cases has amounted to thousands. However, in light of the increasing number of people attempting to claim back fees from their banks a number of companies have sprung up with offers of assistance in exchange for fees.

These companies will now be investigated by the Ministry of Justice, and amongst the practices that will be looked into by the ministry is cold calling, where company representatives phone up consumers to try and talk them into letting them help claim back charges. However, consumers can just as easily do this themselves for the cost of a duplicate statement, and without having to pay any further charges.

In a recent case Lloyds Bank won a case where a man had tried to make a claim for his charges, and this was the first case to be won by a bank in relation to these charges. In other cases banks have failed to justify the charges, and consumers have been able to reclaim them. 

Tom Smith
24th May 2007