Step 9 - The Bank's Defence

Both Consumer Action and Bank Charges Hell say it is unlikely a bank will go this far. If it does you will receive a court allocation questionnaire. Fill it in and send it back to the court within a week – sending a copy to the bank as well to show them that you are serious. The pressure groups say this is the point where the bank will finally back down by not turning up for the court hearing, thus allowing the claimant to win by default. Consumer Action says if you get a court date you should visit its forum where there is information to help with the process plus advice from others.

Currently there are only two bank charges cases known about in which a bank has gone to court, defended its charges and won. One was a case involving Kevin Berwick against Lloyds TSB at Birmingham County Court. In this case the judge ruled that the bank's charges were in fact legitimate fees for servicing an overdrawn account. As this judgment was from a district judge it is not binding in any other court, which a High Court judgment would be. Consumer Action has said that it was disappointed by this decision but that hundreds of thousands of claims have so far been successful and people should not be put off claiming.

Step 8 - See What The Bank Does      Step 10 - Avoid Future Charges