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Page last updated Monday, 20 December 2010
Latest update 17 December 2010, see bottom of this page.The right to challenge bank overdraft charges took a new twist at the Glasgow Sherriff court after a Glasgow woman, Jennifer Sharp, won the right to revive her case about unfair and excessive charges against the Bank of Scotland.
The issue looked dead in the water as last November, following a reversal at the Supreme Court of a previous decision in its favour at the High Court and the Court of Appeal, the OFT withdrew from the fight to establish that it had the power, under the 1999 Unfair Terms in Consumer Contracts Regulations (UTCCR), to decide if bank charges were fair or not.
Despite opposition from the Bank of Scotland's barrister, Ms Sharp was allowed to argue that under a 2006 amendment to the Consumer Credit Act, there had been an unfair relationship between her and her bank, which was illegal because it was unfair to have been charged £750 for running up an unauthorised overdraft as the charges had been used not only to deal with her, but also to subsidise the cost of the bank's free current account service to those of its customers who stayed in the black.
This argument was not available to the OFT because it is open only to individuals and not a regulator such as the OFT.
Under this new law, the onus of proof is on the bank and they will have to demonstrate that their charges were fair and not excessive.
The case will now go to a full trial on 11 June.
The fight for customers to be able to use the courts to get refunds for alleged unfair bank charges took a further twist this week when the Scottish Legal Aid Board (Slab) refused to fund a major test case being brought by Jennifer Sharp against the Royal Bank of Scotland (RBS).
Read Legal Aid blow in bank charges refund fight
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Steve (Guest) Wednesday, 30 March 2011
I have a new case that has just been rejected by the FOS, a pity as I felt that I checked all boxes for a strong case. I will now go to court (Essex) to reclaim my bank charges. I have asked my bank for the old Terms and Conditions and I will study the words of the law to try and figure the best way forward. It's great to hear others are doing the same and building a body of reference to refer to. I fully expect intimidation tactics but that makes me think its worth the fight even more. I will try and post updates as they happen.
Vincent Cox (Guest) Wednesday, 01 December 2010
Hi John (and anyone else in similar circumstances) We are aware of a similar case going on in Southend County Court.
Neil (Guest) Thursday, 25 November 2010
Any news?
john Thursday, 14 October 2010
I have a directional hearing date set in november 2010 to amend my claim in the midlands. The bank are trying every angle to get it thrown out of court but have not been successful. They have been trying to intimidate me and asked the judge to dismiss my claim as they say my chances of winning are minimal. I have paid my money and want my day in court. Will let you know how i get on. Any help wopuld be appreciated to make sure i win, then we all win.
Shane (Guest) Monday, 04 October 2010
Im following this case from New Zealand after incurring thousands of pounds worth of fees from Lloyds while unemployed. Any updates?
tony (Guest) Friday, 24 September 2010
The reason the original ruling went the way it did was the current financial situation at the time of the case, if the financial climate had been in a better possition then, in my opinion the banks would have been forced to repay the over charges that MANY of us STILL, are struggling to pay, but the powers that be also knew that it would damage an already fragile banking system, and the country at the time would of gone into uproar if banks went insolvent.
KAREN (Guest) Wednesday, 21 July 2010
HSBC WOULD NOT LISTEN
Debtwizard Friday, 18 June 2010
Thanks Vince, now found the link and will revert.
Mike
Vince (Guest) Friday, 18 June 2010
Check the Govan Law Centre web-site. An update has now been put on.
Garry Traynor (Guest) Thursday, 17 June 2010
I have been checking the Court Listings for Glasgow Sheriff Court since Tuesday (12th) but cannot find any mention of the Trial. No Judgement from the previous day was on the list.
Is it possible HBOS Settled out of Court?
Julie Powell (Guest) Monday, 14 June 2010
Is there any news yet from the lady (or her representatives) who took on the BOS in Scotland I believe, with their high court there? Anyway, it was on the 11th June, so we should have heard something by now, yay or nay, unless the judge takes a few days to make up his mind?
andrew smith (Guest) Saturday, 12 June 2010
People whose accounts are always in credit seem to think that they have the right to free banking whereas the poorer people whom are justing making ends meet and sometimes unwillingly go into overdraught teritory should pay for not only their banking services, but should also subsidise the more affluent account holders. We all have bank accounts services which should be subsidised by all not just the poor who don't have the means to do so in the first place. This is like robbing from the poor to feed the rich i.e reward the rich and punish the poor.. This to me is crazy and defies logic. Surely this is a biased banking system and the court will see this forwhat it really is.
Julie Powell (Guest) Friday, 11 June 2010
Having took my case to the local county court, Judge seemed to argue with the Santander barrister that no Regulation 5 was covered in the Supreme court's November ruling. Sadly, because he felt that a multi track listing was best for our (300 pounds) case, although a very small claim, it was potentially a bomb waiting to go off for the whole country, and it would have meant, had Santander won my costs would have been huge! However, he did argue the point that the ruling had not included regulation 5 which escaped under the net of the judgement. Julie
karen (Guest) Sunday, 16 May 2010
hsbc were taking 150,00 charges when i only get 444.00 per month
Jeanne (guest) (Guest) Friday, 23 April 2010
I will be watching this with interest. My bank (The Halifax) has charged me nearly £2k in the past 6 months, and just as I start getting on top of things they throw another charge at me. Just think if we good tax paying people hadn't bailed them out.........
sandra (Guest) Friday, 16 April 2010
i wish jennifer good luck.i was hoping to get a lump sum but as the bank won the case.if jennifer wins i might take it further.we will see
Alex (Guest) Friday, 26 March 2010
I can only hope Jennifer wins, although I suspect that they bank will just pay up to avoid revealing the true costs they incurred in relation to what they charged. If it goes well though this should open the doors again for mass claims against respective banks for excessive charges and force the banks to reveal their true costs in the long run. The Supreme Court and all concerned should be ashamed at lasts years decision and I can only hope this ends in a up a European court at some time in the future. Is the British gov going get every £ spent bailing the banks out on behalf of the the public who funded it? The answer is no, why did they let the banks off the hook when they had them banged to rights and the power to enforce change? I wonder how many politicians will end up sitting on boards of banks or indeed companies owned or affiliated by the banks in years to come....
claire (Guest) (Guest) Sunday, 21 March 2010
Am with lloyds TSb and over the years i have been charged £25.00 for been 1p over my overdraft 1pence this is a hefty porfit banks are making and just to have privelage of been a customer and having my money with them am charged £8.00 a month for privelage for them to have my custom, i hope this lady wins and all us customers who have been unfairly charged can reclaim there money back.
paul (Guest) Saturday, 20 March 2010
Good luck to this Lady Ihope she gets a win , this will open the door to the rest off us who have been done out of hard earned cash.
It was ineviterble that the Supreme Court would rule in favour of the banks been as most who sit in it are Lords and Peers who hold a majority of bank shares and woe betide any one that wants money back of these.
MOHAMED (Guest) Saturday, 13 March 2010
could you believe me that Abbey bank charged my wife £60 for them to pay 59 pence on her direct debit. its unbelievable £60 pound for 59 pence. hope we get justice with these bank charges.
Hugh (Guest) Monday, 01 March 2010
HSBC have raped me for £2,500 bank charges in 2 1/2 years. Now they've cancelled all my direct debits after being a customer for 32 years. And they won't even talk to me about it!! Good luck Ms Sharp. Let's hope we get some justice now.
Amanda (Guest) Friday, 26 February 2010
OMG!!! I thought it was all over with, Hats off to this lady who has the courage and forethought to carry on regardless, much credit to her, she will become a champion should it go against the Banks, and at long last maybe the rest of us may see justice finally!!!
Andrew (Guest) Thursday, 25 February 2010
What a relief!!!! Another lifeline for all those poor people who are living on the borderline between overdraft and credit balance. It's so obvious that we have been taken advantage of for years. And if the OFT is not allowed to gauge fairness of charges someone will.
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