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Consumer Law Blog

Bank Charges Claims - New Avenues

by Elliot 28 November 2009

A top banking barrister, Ray Cox QC has this week been instructed on behalf of consumers to launch the biggest rescue operation in the history of consumer rights.  If successful, millions of consumers may yet get their refund of bank charges.

The banks made alot of noise for once concerning their victory in the Supreme Court in which it was decided that the OFT (Office of Fair Trading) could not decide whether the charges were fair or not.  Had it been told it could, it would have told the banks to refund billions.

Interestingly, the judgment was very narrow.  Whilst it was decided that under 'clause 6' the fees were part of the price for the service, i.e having a bank account, the Surpeme Court Justice said that it was possible that the action would have had a different outcome if the claim were made under 'clause 5'- which concerns inequality of bargaining power.  See Latest anaylsis for the Legal Bit.

Solicitor Mike Dailly of Govan Law Centre says: "We're delighted to be working with MoneySavingExpert.com on what is perhaps one of the biggest rescue operations in recent UK consumer history.

"Rumours of the demise of the unfair bank charges campaign have been greatly exaggerated by the banks. The Supreme Court gave a very clear message that bank charges could still be unfair under Regulation 5, and so a brand new right to reclaim will shortly be available to consumers on the authority of no less than the Supreme Court itself."

Watch this space and if in doubt lodge your claim NOW.- No Win, No Fee

Claims Financial

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