Reclaiming bank charges being kicked out court !!!

tracey1 · 12th July 2006, 18:03

I've just been reading the Daily Mails' Money Mail, has any one else read it today. It says that in the past week, small claims court orders against Halifax and Lloyds TSB have been rejected by courts in Gloucestershire, Uxbridge and Middx on the grounds that a case has been submitted to a higher court which could set a precedent in these type if cases. The test case will be heard by the higher London Mercantile Court. Does any one know any more ? or have any advice, I had just about plucked up the courage to start County Court Court proceedings against the Shabbey. In need of reassurance, thanks

zander · 12th July 2006, 18:20

I saw it too and posted a thread (somewhere?) for advice upon that story. Needs some clarification which I can't help with, unfortunately.

Karnevil · 12th July 2006, 18:21

Have a read of the main thread court ordered claim cancelled

and note that jifjaf has been paid out.

welly · 12th July 2006, 18:43

I dont think its anything to worry about as it is what we all want

if it is a test case.
The only defence the bank can give is if they can prove that it costs them 20-35 pounds to return DD SO's ect ect and we all know that is *ollox.
And why has the banks been paying out if they are in the right............. Please remember this and read other post on this

THE BANKS ARE WRONG AND UNLAWFUL keep it going and keep faith

srfrench · 12th July 2006, 20:20

Yes I saw that too.

Word of advice. Press ahead, and remember the only cases that go to the Mercantile Courts are Business ones not personal ones!

If the action gets "suspended" you won't have to pay the fee and you can start your claim again weeks or months down the road without having to do anymore paperwork (as you've already done it) and interest will be accruing all the time.

Having been through the High Courts on other matters AND setting a precedent I hasten to add with Share Options, the courts cannot blanket ban ALL cases loosely tied to the one in question. It has to be the same!

It'll be interesting to monitor the details of the case, but in the meantime ...... continue!!

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