I am one of the lucky ones, I put in a claim for Â£1400 and got an offer of Â£1166, I am happy to take this as it is over 80% and cannot be arrsed going through all the other letter writing etc. I only put in the letter to see what happened on the off chance. Will pay for quite a few shandies.
Seems that Lloyds conduct in this case was exactly the same as has caused previous cases to win by default, thus preventing the possiblilty of a precident against the banks. Strange that, as they maintain that the charges are "fair", they repeatedly fail to mount a proper defence. Surely, if they believe they can win, they have a duty to their shareholders to defend properly and appeal if they lose? The cynical side of me thinks it's almost as if they really don't want a proper test case.
Given the huge weight of informed opinion that the banks can't win, maybe the Judge in question decided it was time to force their hand. Finding against them would have kept the banks safe in the knowledge that they could force everyone with a claim to go through the full process.
Finding in their favour, on the other hand, gives a chance for it to be taken to the next stage. Maybe not such a bad thing!
For anyone who's interested here's a link to the approved judgement.
In brief the Judge decided that the law, as it is written, allows the bank to make reasonable charges for the services that it provides, and that as Berwick did not prove that the charges levied were unreasonable, he could not claim them back. (Hopefully I've got that right).
Interestingly the Bank did not try and defend the case, possibly because they had 'lost the paperwork'.