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Chronicle Online-Bank lost - but still wont pay
Bank lost - but still won’t pay
Date published: 17/12/2008
A BUSINESSMAN has turned the tables on his bank by winning a court ruling to reclaim more than £5,000 in charges.
Tom Shaffi struck a blow for millions fighting bank charges after succeeding in a David and Goliath battle against Yorkshire Bank — but he is yet to receive a penny back.
The self-employed Royton man is among the many who have besieged banks to demand the refund of high charges.
But the banks are waiting for an Appeal Court judgement on whether or not the Office of Fair Trading (OFT) can decide if their overdraft charges are unfair before deciding whether to pay out.
Mr Shaffi (43) won a County Court Judgement (CCJ) against Yorkshire Bank and says the bank, like anyone who has a ruling against them, should be forced to repay him.
He said: “I think I was charged unfairly. I have contacted the bank on numerous occasions to ask them to settle the debt but they have not done anything.
“The judge agreed with me and there’s no reasonable excuse coming from the bank. They should be forced to settle the claims that were made.
“They exploited everyone for decades and it’s about time someone put a stop to it. If I can strike a blow for the working man it may give everyone else a little bit of confidence to push that bit harder.”
Once, while away for six weeks, a bank charge put Mr Shaffi in the red — he was charged £25 plus £9 a day, totalling hundreds of pounds. On another occasion he was charged £9 a day, and £25 for every letter, after being overdrawn by £1.
He said: “It’s profiteering and unfair. It’s the principle. I want every penny they owe me.”
Last year, eight financial institutions and the OFT, which believes the charges are unfair, agreed to stage a test case in the High Court to resolve the legal issues.
Mr Justice Andrew Smith ruled in April that the OFT did have the power to decide if charges were unfair, but the judgement of an appeal is yet to be given.
It’s estimated that banks have refunded some £784million to 378,000 customers, often settling before court cases.
A Yorkshire Bank spokesman said he could not comment on individual cases but the Financial Services Authority had said CCJs should be suspended until the conclusion of the test case.
The final sentence supposedly by the FSA is absolutely scandalous considering Banks are still taking customers to courts and obtaining CCJ's even though there is likely to be bank charges accrued within the amount owed.
Bank lost - but still won’t pay
Date published: 17/12/2008
A BUSINESSMAN has turned the tables on his bank by winning a court ruling to reclaim more than £5,000 in charges.
Tom Shaffi struck a blow for millions fighting bank charges after succeeding in a David and Goliath battle against Yorkshire Bank — but he is yet to receive a penny back.
The self-employed Royton man is among the many who have besieged banks to demand the refund of high charges.
But the banks are waiting for an Appeal Court judgement on whether or not the Office of Fair Trading (OFT) can decide if their overdraft charges are unfair before deciding whether to pay out.
Mr Shaffi (43) won a County Court Judgement (CCJ) against Yorkshire Bank and says the bank, like anyone who has a ruling against them, should be forced to repay him.
He said: “I think I was charged unfairly. I have contacted the bank on numerous occasions to ask them to settle the debt but they have not done anything.
“The judge agreed with me and there’s no reasonable excuse coming from the bank. They should be forced to settle the claims that were made.
“They exploited everyone for decades and it’s about time someone put a stop to it. If I can strike a blow for the working man it may give everyone else a little bit of confidence to push that bit harder.”
Once, while away for six weeks, a bank charge put Mr Shaffi in the red — he was charged £25 plus £9 a day, totalling hundreds of pounds. On another occasion he was charged £9 a day, and £25 for every letter, after being overdrawn by £1.
He said: “It’s profiteering and unfair. It’s the principle. I want every penny they owe me.”
Last year, eight financial institutions and the OFT, which believes the charges are unfair, agreed to stage a test case in the High Court to resolve the legal issues.
Mr Justice Andrew Smith ruled in April that the OFT did have the power to decide if charges were unfair, but the judgement of an appeal is yet to be given.
It’s estimated that banks have refunded some £784million to 378,000 customers, often settling before court cases.
A Yorkshire Bank spokesman said he could not comment on individual cases but the Financial Services Authority had said CCJs should be suspended until the conclusion of the test case.
The final sentence supposedly by the FSA is absolutely scandalous considering Banks are still taking customers to courts and obtaining CCJ's even though there is likely to be bank charges accrued within the amount owed.
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