LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

[Amethyst]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

LOL I think it's actually very flattering that MSE are keen to be closely associated with this victory.

To be brutally honest the principle credit has to go to Tom Brennan for developing the superb Hatosag arguments used in Ollies case. No forum was running angles anything close to this......
And yes, I liked Mike Daillys comment....spot on.

Absolutely !!!!

[Amethyst]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

I shall retract my earlier comment now. Thank you xxxx

[orfoster]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Whoops, http://forums.moneysavingexpert.com/...1#post66490558

There are a few threads going other one is http://forums.moneysavingexpert.com/....php?t=5047472

[Celestine]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

LOL I think it's actually very flattering that MSE are keen to be closely associated with this victory.

To be brutally honest the principle credit has to go to Tom Brennan for developing the superb Hatosag arguments used in Ollies case. No forum was running angles anything close to this......
And yes, I liked Mike Daillys comment....spot on.

[EXC]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

http://www.moneysavingexpert.com/new...232.1368333186

A MoneySaver has become what's believed to be the first person to win a bank charges case in court since 2007.
Oliver Foster-Burnell, a 28-year-old Trade Union Organiser from Taunton in Somerset, has successfully reclaimed £743 in overdraft charges, plus interest after winning his case against Lloyds TSB at Taunton County Court last month.
He was also awarded an additional £1,000 in damages, after Lloyds TSB applied a related incorrect default to his credit file.

Solicitors' firm Howlett Clarke, which represented Oliver, say it's the first outright court victory in a bank charges case since 2007 when all cases in the UK were put on hold pending the outcome of the Office of Fair Trading's unsuccessful challenge against the banks in the Supreme Court in April 2008.
MoneySavingExpert.com has been at the forefront of helping people reclaim bank charges for years.

Snowballing charges
Oliver originally adapted the free template letters in our Reclaim Bank Charges guide and used these to complain to his bank. When he was unable to reclaim all of the bank charges applied, he took his case to the Financial Ombudsman Service.

After both of these routes failed to recoup all of the charges, he decided to take his case to court and says he also benefited from support from the LegalBeagles forum.

His claim relates to charges incurred when he dipped into his unauthorised overdraft between April 2008 and May 2009. He says during one two month period he was charged over £300 when he was already suffering from financial hardship.
Oliver says: "It is unfair that the banking industry is allowed to profit while anyone suffers financial hardship by applying these charges and allowing them to snowball out of control. I am so pleased that in my case the judge awarded in my favour."


Does this case affect other bank charges claims?
As Oliver's case was heard at a county court it doesn't set a precedent, meaning others courts in England and Wales do not have to follow the ruling.

However, both Lloyds TSB and Oliver have just under a week to decide whether or not to appeal the decision at the UK's Court of Appeal. Decisions made at the Court of Appeal are binding on all county courts in England and Wales.

Mike Dailly, principal solicitor at the Govan Law Centre, says Oliver's case is "potentially dynamite" because the argument used "provides a new legal route to challenging unfair charges". However he warns that it's a complicated argument, and it's still early days yet.

MoneySavingExpert.com is currently analysing what exactly the case means for others trying to reclaim.


What's the deal with bank charges?
Reclaiming bank charges from current or closed accounts specifically for busting your overdraft limit, bounced cheques and direct debits was once an open door. You simply threatened to take a bank to court or to the Ombudsman, and it sent you a goodwill cheque for six years' worth of charges, plus interest.

It's been more difficult since a November 2009 Supreme Court ruling, but some payouts are still possible for those in financial hardship who've had a number of charges that have snowballed over a longer period. See our Reclaim Bank Charges guide for more information on how to claim.

If you've had a one-off recent bank charge or a charge applied in error, just call the bank and see if it'll wipe it.

Comment/Discuss

Discuss this MSE news story: Bank charges

[Amethyst]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

And I don't remember this

Reclaiming bank charges ........ was once an open door. You simply threatened to take a bank to court or to the Ombudsman, and it sent you a goodwill cheque for six years' worth of charges, plus interest.

We used to work fricking hard and almost always had to submit court claims and go literally to the steps before they'd settle.


Sorry ranting.

[orfoster]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Agree, I don't understand why LB couldn't be mentioned. They didn't seem against us when I spoke to them.

Also, I heavily adapted the letters, being recognition but hey ho! It's publicity.

Probably more opportunities to come....

[Amethyst]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

''Oliver originally adapted the free template letters in our Reclaim Bank Charges guide and used these to complain first to his bank, and when that was unsuccessful, to the Financial Ombudsman Service. After these routes failed, he decided to take his case to court. ''

I know that's right, but the letter is a bit pants (no offence to MSE meant) but on their heads be it, (retracted following edit)

Nice comment from Mike Dailly ''Mike Dailly, principal solicitor at the Govan Law Centre, says Oliver's case is "potentially dynamite" because the argument used "provides a new legal route to challenging unfair charges". However he warns that it's a complicated argument, and it's still early days yet.''

[orfoster]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

MSE have written a good piece here http://www.moneysavingexpert.com/new...ges-court-case

[enaid]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Bloody brill xxx

[orfoster]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Absolutely!

[Celestine]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Oh yes :tinysmile_twink_t2:

[enaid]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Are we ready either way may I ask?

[orfoster]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Yep it should have been the 11th (21 days from date of judgment) but I suppose as no one on your side knew it was handed down until days later they put it back.

The actual judgment is dated 12 August, handed down on 21st but the Judgment/Order was dated 27th August, so I guess this is the date they go by? As that came days later. No payment, so I assume Lloyds may be considering an appeal.

[EXC]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Wednesday 17th I believe

Yep it should have been the 11th (21 days from date of judgment) but I suppose as no one on your side knew it was handed down until days later they put it back.