It seems most people don't understand this case understandable, all they hear is free banking coming to an end, the poor are getting screwed ect.

It is very simple.
1. I go over my overdraft limit (overdraft can be £0 or £1000000) for whatever reason the bank hits me with a £25-30 charge.

2. The case is to decide if this charge is a penalty (ie detterent) or a fee (ie service is provided). If the first then the case continues (see 3 below). If the later the case ends. Either way both sides are entitled to appeal which is highly likely.

3. If it is a penalty then the question becomes is it fair under the law which states you are not allowed to make a profit to recover lost monies. If it is then the banks are free to charge if not the judge will either decide the level of compensation or leave it up to the regulator.

Andy , Cupar, Scotland

I had been saving to buy a motorbike and when the weekend came round to collect and pay for it, I went to my local branch on the Friday in my lunch hour as I have an account that moves money from my current account when it reaches a certain limit and I didn't want to be penalised. This visit actually took over two hours by the time I'd waited for a personal banker as they wouldn't transfer such a large sum over the counter.

I paid for my bike on the weekend using my debit card and was surprised to receive a letter from my bank during the following week saying that I had been charged an enormous fee as I was a few thousand pounds over my overdraft limit!

Upon ringing to complain I was told that the money had been swept out regardless - even though the personal banker had put a note on my account. So my 2 hours were completely wasted and to add insult to injury I was only refunded 25 pounds - a fraction of the original charge.

Livid doesn't cover it!

hannah josiah, st albans, hertfordshire

What I really hate is this culture of let someone else pay, I should get this service for free.
Market forces will dictate charges in the future, that is better than fining & thats what it adds up to, the people who don't manage cash as well as those who do.
How many people lend their money to the bank for a return of less than the current rate of interest???
i e your current account, a few select people have become very affluent mostly from those who could not afford it.

Andrew Sampson, Sheffield,

The stupid people (Arthur) will not be charged a penalty for being stupid, thus plunging them into more "stupidity" & why should they.
Market forces will deliver free banking for the majority as ever. What about the stupid people who lend their salaries to the bank every month so the bank can lend it out to those who cant afford to pay it back at huge interest rates, then charge penalty fees when they don't, either way the schmuck with no cash loses, subsidising those who have the ability to pay for the elaborate service they require.
The current billing system,don't forget, was introduced to save money taking cash out of the equation. If I am to be charged to pay a direct debit I will go back to paying cash, withdrawn over a counter, which the payee will then have to process at his expense, suits me fine.

Andrew Sampson, Sheffield,

Wow, this is a rather big case!

Slightly off the point....

At 16 years old, I aspire to work as a Commercial Barrister in The Magic Circle fighting cases like this - what a buzz!

Alexander Cartwright, Telford,

If this Labour Government cared about people on a low income they could pass primary legislation.

For Gordon Brown to wait for years for the court to act shows how much he is in the spell of big buisness.

He has betrayed his roots.

James Rathburn, Richmond, England

In France, writing a cheque without sufficient funds in your account is a serious matter. Spending money you don't have in France and you can become immediately blacklisted with the Bank of France. If the matter is not sorted out within one month, you can be fined and banned from holding a cheque book for up to 10 years. Perhaps the UK isn't so bad after all. And we have have cheaper banking most countries. So just stay in credit or don't exceed your overdraft limit and you won't pay bounced cheque or unauthorised borrowing charges . Simple! And remember that spending other people's money is theft.

Billy, Stortford, UK

I have banked with Nationwide for over 20 years and any disputes I've had over charges have been resolved to my satisfaction.
My son, a university student, is with the Co-operative bank (not on your list of defendants). He was charged £70 for being overdrawn by £7. This charged caused him to overdrawn again, by another £3, whereupon the Co-op imposed a further penalty this time £30. The Co-op boasts of being an "ethical" bank yet how can they justify imposing fines of ONE THOUSAND PER CENT on a young student? The bank hasn't even acknowledged his letter of compaint.
Although the Co-op operates a student account with a free overdraft facilities of up to £3000, apparently my son wasn't informed of this when he applied to open an account. He also says the bank didn't warn him of their impending charges, which Nationwide does.

D Rodriguez, Hereford, uk

Every month i made sure there was enough money in the bank to pay direct debits, just on one occasion a debit was taken which left me £2 overdrawn, so the bank didnt pay it but put costs on the account instead, subsequently every month after that charges were taken out before my direct debits were paid, which left us with not much money left at the end of the month! Its unfair and i hope everyone including myself get their money back!

Anne Smith, Cradley Heath, west Midlands

And, sometimes the bank would try to pay direct debits BEFORE the due day, when the money wasnt there so more charges were put in the account!

Anne Smith, Cradley Heath, west Midlands

Surely it is fairer for all customers to pay a small fee (many ,inc me, already do) for the account than to slam those who are struggling to survive.
Speaking from personal exp., of having been in that position, earning £10 a day as a trainee sound engineer, at times when they would punish me for being a few pounds over.....I was so very down it really was hard to carry on.
Even if there was a given number of days to bring your account under the limit before being punished....a sporting chance!
I hope they get punished!
Carmen.

Carmen Harber, cheltenham, uk

If the bank did not let you go over this overdraft, then the charges owuld not exist. I cannot got over my credit limit on my credit card, so why should it be different with a Bank Account. I think it is disgusting the amount that they charge all consumers basically for a letter. I feel a charge of say £10 would be feasable but £30 - £50 is damn right daylight robbery.!

Gemma Davies, Bristol,

I think the charges are so inflated they are unfair, on an agreed overdraft limit of £2000 from barclays im paying 15 pounds interest a month, fine I use the service I should pay interest, but the bank charges are double that at £30 each time I go over? Why?

I once was charged for being 15p over the limit with just a few hours to go until my wages went into the account...shocking.

The bank wont even cap the account to stop you going over, wonder why? I should imaging a few million £30 charges is a nice little income for them.

Tom, Birmingham,

The richer get richer and the poorer get poorer,

sue, Harrogate,

what about students who whilst studying have to live in debt to survive. how can a £50 bank charge be justfied when a student is surviving on just £150 per month. It's not only rich people with dispensible incomes who have banks!!!

hlffrty, glasgow, uk

talk about divisive, people!

It's all about whether or not these bank charges are 'reasonable' or set too high [imho they are too high] - not whether people should be extended credit or not.

poorer people pay more for most goods and services by the very nature of economics of scale, so some of you guys should stop and think from their side a little more [which is difficult, i appreciate.]

also, you'd all be up in arms about any other industry price-fixing!

have a nice day!

kieran, london,

How can £30 per unauthorised credit be acceptable. Especially to people who have low incomes or only have income support or job seekers allowance going in. The banks should have been more responsible as to how they let unauthorised overdrafts accumulate. If you get £30 in 1 month charge, the bank automatically take this out on a certain date and you cannot change that date or arrange a temporary overdraft to help stop the rot. Therefore unless you freeze everything going out of your account at the beginning of the inflated fees, you will inevitbly be charged more month upon month. The banks should have come up with strategies for low income people. Instead of letting the goverment give them a £10 bln proffit!!

shelley johnson, bedlington, northumberland

Whether or not people agree with bank charges, overdrafts, or the Unfair Terms in Consumer Contracts Regulations 1999 is wholly irrelevant.

I have been charged many a pound by the bank for unauthorised overdrafts, and believe that the fault is entirely mine, hence I have never sought to recover the money paid. Had I not been so foolish as to spend beyond my means then I wouldn't have paid these charges!

However, the UTCC Regs 1999 are a significant authority on the ability of parties to charge penalties. If this is the law, then regardless of it's fairness, it must be upheld. Customers who have not been harmed by these penalties may equally have benefitted from their exploitation, and this is wholly unjust.

I agree that banks lend irresponsibly, and borrowers are often more irresponsible themselves, but the suggestion that 'they should have known better' just doesn't wash.

If the law seems unfair, change the law! Don't try to bend it!

CMH, Street, Som.,

I agree with the majority of people here that one should be more responsible with spending and keeping a budget is vital. Spending the plastic over christmas and forgetting about it is not the way. I am for some sort of detrrant whether it's financial penalty or not having an overdraft facility of current accounts.

However, living with debt is a fact of life for the majority of people with morgages and buisnesses also and a balance of saving and debt is required for the economy. Debt for (the right) assets are ok with me. Just keep an eye on those liabilities and act now before it's too late!

Andrew , Bristol,

My son went through a period where his outgoings exceeded his income. Going through the period of his unauthorised overdrafts there were several months where the only reason he was overdrawn were the charges the bank had put on his account. Then there were charges on them and so on. Total charges were in excess of £2800.

Tony, Poynton, U.K.

I think it is right that the lending institution is held accountable for abusing its bargaining power over the often helpless consumer. Banks need to be responsible and should not be allowed to charge in excess of £30.00 to merely confirm to a consumer that they are £1 over their limit or that a payment has been refused. It is unfair and the punishment is disproportionate to the so called crime. A rise in interest rates and increased dependence on lending means that banks are already charging the consumer enough without these excessively expensive charges for trivial issues.

Tim Hartley, Leigh, United Kingdom

How can you argue that people should not be allowed an overdraft? What about the thousands of students who live on them because there is no other way of funding a degree? Are you suggesting we abandon the majority of young people in this country (and therefore our economic prospects for the future) and put them off entering higher education even more by banning overdrafts and allowing only the rich to further their studies? Welcome back to the two-tier England people, where the rich get richer and the poor get poorer. Don't be so bloody ridiculous.

Julie, Liverpool,

Er Carrie, Arthur....... shouldn't you be grateful to all those feckless people who've paid for your banking up until now?

Pauline, Kingston upon Thames,

"So what is the excuse for living in debt? There isnt any."

Bought your first house with cash, did you?

Russ, Nottingham,

The majority of people these charges apply to aren't concerened with the existance of the charges, just how unrealistic they appear. This isn't a question of a "Not my fault", debt riddled society but a clear case of bankers' greed - £10 million generated JUST through these charges?

Andy, London,

Carrie, Merseyside, get your spelling right first.

Luke, Lonndon,

The main focus of the case should be Penalty charge or not.
£30 per unauthorised withdrawl is far to high for any normal person with common sense to see. Lets hope that the judge feels the same and that these 1k per hour charges per solicitor cannot put a case forward to argue that the current fees are acceptable.

My Opinion: The banks will always make money but shouldnt from £30 per unauthorised withdrawl. It is scanderlous and unacceptable. I hope the poor win and the rich lose. This case will and should prove that the fees charged are a penalty which does break codes of practice within the banking industry.

I also do agree with some views shown (responsibility) but its obvious these people can afford the current and most ridculous rates or in fact never need to borrow.

david warren, nottingham, uk

If you went into a shop and paid for 4 bags of carrots but took 5 bags of carrots, the shop would most likely prosecute for theft. Quite right too. So you have a tenner in your Bank account and you take out fifteen....how can you have the nerve to complain about the consequences!!! Maybe it should be made illegal to exceed your balance or overdraft limit ....the fees the Banks impose shouldn't be used as a deterent and should therefore be lower, but there should be some legal consequence to the situation. People need to take responsibility for themselves and live within their means. It's the 'because I'm worth it' generation again. Just take responsibility people!!!

Mark Lewis, Manchester, UK

The are more QCs representing the coroner aka 'people' involved in the Diana inquest than this case which affects far more people. If this is billed as one of the biggest cases since 88. Then why are we not represented by a better bigger team, there's billions of public money at stake.

Yet again the public interest will not be served!

A Gold, London,

Living within your means = happiness?

John, London,

Quote "People should not be allowed to have an overdraft. Living in debt. drags the whole country down."...........errm really ????? . I thought it stimulated economic growth, provided employment opportunites and kept the consumer spending. If the whole country lived within 'their personal budgets' we'd be in recession within a blink.
I think the arguement for bank charges should be along the lines that it is difficult to get out of the self-perpetulising charges. If you exceed your overdraft and get charged, and things are tight, then chances are that these charges will quickly mount up resulting in people never being able to escape from them.
What is needed is a balancing act - the credit boom has gone too far (but along the way made for some excellent economic growth stats - but in hindsight no so good huh Mr Brown).

sean, Southend, UK

arther you should get off that big high horse your on and understand some people dont earn lots of money but the cost of livein rises every day lets just hope you never fall on hard times you would soon change camps then !

brian, high wycombe, bucks

People should not be allowed to have an overdraft. Living in debt. drags the whole country down. If someone can not manage their books then they shouldn't have accounts. If you go over then you should pay for it. there are people who NEVER have a positive balance on thier account. Simply mathematics, or is this the school system... yet again. People arent educated properly because the system is crap, if you really wanted to learn then you would do it regardless of the hurdles. Information is so easily available. So what is the excuse for living in debt? There isnt any. just follow a budget, or just at the least make a budget to start with. IT isnt hard and there are MANY service's out there that can help with this. Or any accountant.

Carrie, Merseyside,

Brilliant!

Those of us who are sensible with our cash, who dont spend what we dont have, who take responsibility for their own actions, will be punished, because of stupid people.

Brilliant!

Dont you just love this culture of 'it's not my fault!'. Now it's going to cost all the sensible people who work hard.

How long would the system last if everyone joined the 'it's not my fault!' gang?

Arthur, Newcastle,

What about all the interest the bank earns from my regular salary deposits into my current account? I get none of it. What kind of "free-banking model" is that?

Duncan, Bristol,