The shock bank charges test case result, which saw the banks win against the Office of Fair Trading (OFT), has left millions of hopeful banking customers in the dark.

But bank charge consumer champions at MoneySavingExpert.com believe that banking customers that have found themselves struck by bank charges could still get their money back.

According to Martin Lewis, creator of MoneySavingExpert.com, the Supreme Court noted in its judgement that the question of fairness can still be looked at under ‘regulation 5’ of the Unfair Contract Terms Act and Consumer Regulations.

In fact, Mr Lewis has even said: “We may even return to a situation of goodwill payments in the interim as they (the banks) wait to expand their arguments.

“While we’re under no illusions of the difficulty of the task, and don’t want any reclaimers to bank on getting their money back, this does mean that the campaign’s back on and the banks need to watch in their rear view mirrors,” Mr Lewis said.

The OFT is expected to announce its next moves regarding the case in the coming weeks after revealing that it is ‘disappointed’ with the Supreme Court ruling.

The OFT has previously claimed that banks earn around a third of their personal current account revenues from unarranged overdraft charges that are difficult to understand, not transparent, and not subject to effective consumer control.

The Financial Services Consumer Panel backs this, arguing that: “There is no justification for such high unauthorised overdraft charges hitting consumers when they are most vulnerable.”

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