How can we ensure our claim is not prejudiced pending the court case outcome?

hlg_2

Apologies for starting a new thread, but I couldn't find one to fit my situation. I am after some advice about how to ensure that a bank charges claim is not prejudiced, by the bank dismissing it pre-test case ruling.

My boyfriend went about £5 over his authorised overdraft on his A&L current account just before Christmas. The offending transaction was a cheque to A&L for his new mortgage. The following month he received notification from A&L that they would be charging him £160 for this oversight, which included an unauthorised overdraft fee of £25, a cheque payment return fee of £35 and £5 per day for 20 days while he remained £5 over his limit.

He used all the tips on this website, and the standard reclaim letter to get his claim in before the test case outcome, and pointed out that since the transaction in question was effectively an internal transfer, there is no way that the actual cost to A&L was anywhere near £160. He did not expect the letter to be dealt with until the test case result was announced.

However, A&L wrote back instantly, saying that the charges had been applied in accordance with the terms and conditions of his account and they would not consider any refund. They have told him to lodge a claim with the ombudsman if he disagrees. He has tried to discuss it with a manager at the call centre, but no one will talk about bank charges.

If the test case result says that charges may be unlawful, what recourse does he have? does he need to go to the ombudsman, or should he write to A&L and try again? Have A&L in dismissing his initial claim made it impossible for him to try again?

Any help on this topic much appreciated.

thanks.

nickmack

hlg wrote: »

If the test case result says that charges may be unlawful, what recourse does he have? does he need to go to the ombudsman, or should he write to A&L and try again? Have A&L in dismissing his initial claim made it impossible for him to try again?

It depends what the exact outcome is, but if it is ruled the charges can be tested for fairness, some progress might be made. It should become clearer after tomorrow, what the best course of action would be. I expect Martin will be posting or making an article giving information shortly after.

Don't worry about the bank dismissing your claim, this happens to virtually everyone.