Following the outcome of the test case

[RFisher33]

If it does turn out that the banks lose in court and they have to pay everybody back their bank charges does this mean people who have already been paid out with goodwill gestures will get their money again?

After all the payouts were never for the bank charges according to the banks

Anyone who knows the legality of this and would like to comment then please do so.

[tifo]

hmmmm interesting thought ....

[lolly371]

i dont know about the other banks, but in HSBCs standard offer of settlement letter,they state.
'Thank you for your letter dated****** requesting a refund of your bank charges of******.
In circumstances where you would like us to make a payment from your bank account that would, if met by us, lead to your account going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service....etc.......... If your claim for a refund proceeded to court, we therefore believe we would successfully resist any legal challenge in relation to these fees.
We are, however, mindful of the management time...etc......For those commercial reasons alone and without any admission of liability whatsoever, we are prepared to make a payment to you for the sum of.......in full and final settlement of this matter.......etc...'
i think in the case of HSBC at least, it is clear what the payment is for. Pity, though.