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Bank Charges Ruling - Joyous Victory or More Than Meets The Eye!

On Thursday 24th April Justice Smith ruled in favour of the Office of Fair Trading (OFT) against the banks’ penalty charges. Although amid the publicity you could be forgiven for thinking a resolution is just around the corner, unfortunately this may not be the case.

 
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Court case ends

The High Court Test Case between the Office of Fair Trading and seven major banks + Nationwide Building Society has ended with the judge, Mr Justice Andrew Smith saying ‘he had no idea’ when he would be able to give his ruling.

While the case has been going on, thousands of claims across the country for the refund of unfair bank charges have been put on hold.

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Cases need freezing

With many customers claims for bank charges refunds on hold pending the outcome of the High Court Test Case, the judge in the case has suggested that the tens of thousands of cases should be kept on hold for the time being.

Mr Justice Andrew Smith said that while he has no power to direct the county and district courts to extend the ‘stays’

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Court claims may resume

Iain Milligan QC, defending Barclays Bank, has told the High Court that the banks could be back in court as early as next week facing thousands of county court claims that had been suspended pending the outcome of the test case.

Many county court claims were suspended last summer until a final judgement was made in the case before Mr Justice Andrew Smith at the International Dispute Resolution Centre.

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OFT Continues Its Defence

Continuing the case on behalf of the OFT, Brian Doctor QC said that "by not telling customers exactly what their overdraft charges are for, this meant they fell within the scope of consumer contract legislation. In many cases, the banks’ own terms and conditions are nothing more than self serving propaganda".

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