Some consumers who are actively fighting to reclaim charges from their banks, myself included, feel this case is already being handled in a way that is detrimental to the consumer and that those agencies who have been set up to protect  customers are already causing a disservice to the very people they should be protecting and supporting.

The OFT, along with hundreds of thousands of bank charge re-claimers, believe that the charges levied by the banks are disproportionate penalties, meaning they are unfair under the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR).  The banks are claiming they disagree that the UTCCR apply, however, if they agreed it did apply, it would open the flood gates to a whole host of more specialist claims such as pre-limitation claims going back throughout the lifetime of accounts since the inception.  Something that the most hardcore of bank re-claimers think is already feasible and we have case law and legislation to back this up.