'Consumer champion' fails in bid to make overdraft fees illegal

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Tom Brennan's action was declared 'hopeless' and dismissed on a legal technicality.

Had he won, High Street banks would have been forced to pay back to customers the estimated £4.7billion they make every year in fees.

As it is, campaigners will have to await the outcome of a test case to be brought by the Office of Fair Trading.

After losing his action Mr Brennan was told his opponent NatWest will not charge him its legal costs, estimated at around £50,000.

However, the 30-year-old selfstyled consumer champion said he still planned to appeal - meaning NatWest could withdraw its offer.

Mr Brennan said he ran up overdraft charges of almost £2,500 while studying for his law degree at Exeter University.

But yesterday City of London County Court heard NatWest had already paid him back a total of £3,013.90.

Mr Brennan argued the bank had paid him the money 'without my permission' and claimed it did so to forestall his legal action.

He asked Judge Peter Simpson to declare the overdraft charges 'disproportionate' and 'unfair'.

However, Judge Simpson dismissed the case, saying it would be 'pointless' to make a declaration as NatWest had already paid him back the disputed money.

He added: 'It is not for the complainant to set himself up as a champion of other customers. Their accounts are not his business.'

Afterwards, Mr Brennan criticised NatWest's tactics in halting his case with the payment into his account. 'This is obviously unfair and illustrates the massive imbalance of power that exists,' he added.