Overdraft problems rumble on
Tuesday, December 18th, 2007If you have been charged for going over your overdraft limit then you may be interested to hear that the Office of Fair Trading and banks are in the middle of a test case to decide once and for all if bank charges are fair and legal or not.
Until the test case has gone through the courts, district courts and county court judges have been told that they should halt any cases involving the charges for the time being and wait until the courts make a final judgement on the matter. That will probably be some time next year.
Despite this some courts are still going ahead with claims. So if you are thinking of taking your bank to court over the charges you may still have a chance of having the case heard despite the call for a temporary halt.
There are a number of judges allowing the cases to be heard. For example one judge has allowed a case to go forward after a claimant argued that the bank had procrastinated for months on returning the charges to him. In other cases the judge is allowing cases to go forward unless the bank asks for a stay. If the bank does not call for a stay and fails to turn up for the case the judge is automatically awarding the money to the claimants.
So there is a chance that you could still be able to win a case before the test case has gone fully through the courts. This will come as great news to those whose level of debt has soared due to the charges. Some people have been forced to take out secured loans in order to clear the mounting charges, with many of those high interest loans offered by the banks themselves.
