New tactics triumph in unfair bank charge claims

By MoneyhighStreet Staff. Published on May 31, 2007 This post currently has no comments.

Savings

New tactics are being used by some people to win their claims against the banks for excessive charges.

Many banks have failed to turn up for court hearings, when summoned to court to defend their bank charges, and this is now starting to anger some judges. Some judges are now dismissing the written defences of banks, when they fail to appear before them, and are finding for the claimant.

Maria Dobson from Newbury recently won her claim for just under £4,000 against the Abbey because she realised that the bank was very unlikely to appear in court and so filed a draft order with her claim to force the judge to say that the Abbey was abusing the legal system and to throw out the case as “an abuse of process”.

She backed up her draft order with a list of cases in which the Abbey had failed to appear in court, thereby demonstrating the the bank had no intention of following the legal processes. The judge agreed and awarded Maria Dobson the money. The Abbey, in its disregard for due processes had annoyed the judge and lost the case.

A similar situation is occurring in Wales, where the judge is demanding that Lloyds bank supply him with a list of cases in which they've appeared before the judge and a list of those cases which were undefended.

It is highly unlikely that Lloyds bank will supply this list and so the judge will award the case to the claimant.

Be organised and persistent to win against the banks

Although some banks have recently won their bank charge cases, those who wish to claim against unfair overdraft charges should take encouragement by these new tactics, though good organisation, planning and persistence will be required.

The tide of victory is seeming to flow towards the claimants and then back towards the banks in this evolving situation, however, those who are committed to claiming against their banks for unfair overdraft charges, can still win, though the banks are less eager to cave in now, unless their spoiling tactics can be used against them.

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