Stop clock ticking on bank charge rebates
Britain’s largest banks and the Office of Fair Trading remain locked in a case management hearing in court over the thorny issue of current account default charges, but the judge has already indicated that the banks will be given the green light to appeal the ruling against them. The appeal — on at least part of Mr Justice Andrew Smith’s ruling, which relates to “fairness” and the rights of customers to sue banks — is a hammer-blow to scores of consumers whose claims for compensation have been put on hold while the matter trundles through the courts.
The issue could now go to the Appeal Court and the House of Lords before the full case goes to court — and that could take two years or more. In the meantime, the Financial Services Authority has put on hold customer complaints and court cases relating to the charges, putting the brakes on any compensation payments. And, as the legal process rumbles on, the banks continue to rake in vast sums of money by hitting consumers who go over their overdraft limit or write a cheque that bounces with exorbitant charges. Analysts have estimated that that banks make up to 3.5 billion pounds in overdraft charges every year: by delaying the case, they could amass some 7 billion pounds.
Time, it seems, is money. But despite the ban on compensation payments, those who believe they have been hit with “unfair” bank charges should not delay. Customers can’t stop the banks from appealing – but they can stop the clock from counting down the time allowed to submit their claims.
Currently, bank customers can reclaim “unfair” charges plus interest from the past six years — as far back you can go in the courts. Submitting your claim as soon as possible might not mean you’ll get any subsequent rebate sooner, but it will stop the clock from ticking on how far back the claim can stretch.
“Anyone who plans to appeal should write to their bank to ask for the charges to be refunded,” advises David Kuo, head of personal finance at Fool.co.uk. “Follow up with a letter threatening court proceedings. Many courts will probably stay the majority of claims, but at least the six-year limitation on your claim will be halted too.
“Banks know that time is money, which is why they are appealing — they want to hang on to your money for as long as possible. But bank customers can get their own back. Submit your claims without delay so you can get your refund in full when banks run out of time — and options.”

