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Bank charges claims must improve
Simon Lambert, This is Money
15 June 2007
Bank charges claimants have been warned to ensure their cases are watertight after signs that judges are becoming exasperated with slapdash claims and banks refusal to turn up to court.
With the county court system under severe strain from the thousands of pending unfair bank charges cases, some district judges have been threatening to strike out claims from those who fail to supply the correct paperwork.
The hardening of judges' attitudes comes after months of claimants winning by default when banks fail to turn up to court and represents an effort to crackdown on frivolous cases in which claimants have failed to supply necessary paperwork or adequately state their case.
Senior judges have also warned that unless a test case is heard with banks fighting a case all the way through to the High Court or Court of Appeal, the current confusing situation will continue.
Campaigners are urging those who have been the subject of unfair bank charges to persevere with their claims for the cash to be returned, saying that as long as all paperwork is on order claims are more than likely to be successful.
The encouragement follows the news that a judge in Hull is threatening to strike out the claims of 20 bank customers, citing a recent case in Birmingham where Kevin Berwick lost his case against Lloyds TSB.
District judge Ian Besford wrote to the claimants, whose cases are due to be heard in July 4, saying they were unlikely to succeed because of the Berwick case.
His threat comes despite the fact that Mr Berwick's case does not set a precedent as the verdict was given in a County Court.
Senior London judge Stephen Gerlis, who speaks for the capital's district judges, said that the lack of a precedent setting case meant that charges claimants were facing a lottery, with the success of their case hinging on individual judges' sentiment.
Campaigners argue that only two known bank victories, the Berwick case and a similar instance in Lancaster where Lloyds won a case against Julian Rudd, have come as a failure to supply comprehensive paperwork and people should continue to fight for their money back.
Commenting on the Birmingham case, Goosie Gander said: 'The Berwick case is highly specific to its own facts and the way it was presented - with no general principle laid down.' With the small claims system buckling under the weight of hundreds of thousands of bank charges claims, experts say those hoping to win money back should follow the steps carefully and supply all necessary documents and information.
Simon Lambert, This is Money
15 June 2007
Bank charges claimants have been warned to ensure their cases are watertight after signs that judges are becoming exasperated with slapdash claims and banks refusal to turn up to court.
With the county court system under severe strain from the thousands of pending unfair bank charges cases, some district judges have been threatening to strike out claims from those who fail to supply the correct paperwork.
The hardening of judges' attitudes comes after months of claimants winning by default when banks fail to turn up to court and represents an effort to crackdown on frivolous cases in which claimants have failed to supply necessary paperwork or adequately state their case.
Senior judges have also warned that unless a test case is heard with banks fighting a case all the way through to the High Court or Court of Appeal, the current confusing situation will continue.
Campaigners are urging those who have been the subject of unfair bank charges to persevere with their claims for the cash to be returned, saying that as long as all paperwork is on order claims are more than likely to be successful.
The encouragement follows the news that a judge in Hull is threatening to strike out the claims of 20 bank customers, citing a recent case in Birmingham where Kevin Berwick lost his case against Lloyds TSB.
District judge Ian Besford wrote to the claimants, whose cases are due to be heard in July 4, saying they were unlikely to succeed because of the Berwick case.
His threat comes despite the fact that Mr Berwick's case does not set a precedent as the verdict was given in a County Court.
Senior London judge Stephen Gerlis, who speaks for the capital's district judges, said that the lack of a precedent setting case meant that charges claimants were facing a lottery, with the success of their case hinging on individual judges' sentiment.
Campaigners argue that only two known bank victories, the Berwick case and a similar instance in Lancaster where Lloyds won a case against Julian Rudd, have come as a failure to supply comprehensive paperwork and people should continue to fight for their money back.
Commenting on the Birmingham case, Goosie Gander said: 'The Berwick case is highly specific to its own facts and the way it was presented - with no general principle laid down.' With the small claims system buckling under the weight of hundreds of thousands of bank charges claims, experts say those hoping to win money back should follow the steps carefully and supply all necessary documents and information.
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