http://news.bbc.co.uk/1/hi/business/8425766.stm@@@@@@
The OFT also revealed it had decided against launching a different legal attack on bank charges.
It had considered using the Consumer Credit Act, but had concluded it would have little chance of success if it attempted to argue in court that under that law the banks had established an "unfair relationship" with their customers.
"This partly reflects an assessment of the wider repercussions of [the] reasoning underlying the judgement," the OFT said.
"This reasoning will inevitably be influential in guiding the deliberations of any UK court before which the OFT might bring enforcement action based on the concept of fairness."
However the OFT said an individual might have greater chance of success with such an argument "since a case would need to focus on the individual circumstances of each creditor-debtor relationship - including matters relating to the individual debtor".
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To date, banks have been very reluctant to take matters to court, maybe this will still hold.