Can you force a court case?

indebtstudent · 19th February 2007, 18:36

I noticed a little while ago that when the banks pay out they do so for "commercial reasons". Some even state that they believe your case would fail in court.

What I wanted to know is could some brave soul use this to force a court case? Or would the court take a dim view of the fact that you had turned down full payment?

In case you can't see where I'm coming from I'll explain a little more. You all know the sneaky tactic where banks offer a half of the amoutn owed in full and final settlement and set conditions. Most people then cross out the conditions and state they would be happy to accept the amount as part payment. They then tend to withdraw the offer.

In the above situation you're saying I'm sorry I know you owe me the full amount and will not accept less. It is a difference only of degree when we say thanks for the payment. In so doing are we in some way endorsing the comments that come with it?

How would you stand, legally, if you said no thank you I want my day in court the point is you are acting unlawfully...

Thoughts?

ED1237 · 19th February 2007, 19:52

If they offer full settlement, the court would not only take a dim view, they would likely award the othersides entire costs against you regardless of the track. Once you have the money, you must withdraw.

indebtstudent · 20th February 2007, 19:23

And principles be damned?

20th February 2007, 19:26

yep because if the settlement is offered and you refuse to accept it, that can be brought before the judge who will not only strike the case out but award costs against you. You are not the only one who has asked but it is unwise to continue if you have a settlement.

indebtstudent · 20th February 2007, 23:50

I was just wondering in general. I'm guessing the banks know this and that's why they work the system?

ED1237 · 21st February 2007, 00:03

Exactly. I,m of the opinion they are just playing a numbers game. ie the longer they drag the process out, the more people will drop out the game.

naughtyemit · 26th March 2007, 00:47

The Civil Courts work to a set of guidelines called the "Civil Procedure Rules" and insist that all parties comply with them to the best of their ability.
The whole point of these Rules is to make best use of Court's time and resources,, there is also something called the "overriding objective" which basically means keep it out of the Courtroom if at all possible. As such, were you to receive an offer to settle your claim and refuse it, you would in all likelihood win your case but have all costs of all parties awarded against you.

Having said that, some Judges are getting a wee bit tired of the banks settling at the Court doors and would like to see a case or two be heard to conclusion. If you are feeling really brave and would take the risk of losing some £40 thousand, be my guest. Personally, I'll hold on knowing full well that the bank won't go anywhere near the Courtroom because to do so would completely open the floodgates and probably cause some of them to go bust.

BankFodder · 26th March 2007, 18:32

You can force a court case if you sue for a declaration.
Automatic multitrack and big costs risk if you lose.

I think that the Whistleblower evidence against the Yorkshire and Clydesdale banks is strong enough to warrant going for a declaration.
It needs someone with an account with them to bring the case.

There are a few plots afoot which may make it even stronger before too long.

If you are from the Yorkshire Bank then tell your bosses to be very afraid.

naughtyemit · 26th March 2007, 23:48

At the end of the day, what we need is to get a case into Court and prove the caselaw,, should anyone be willing to fund me, I'll take my case with Halifax to conclusion! Not sure whether the Judges down here would thank me for multitracking a £1300 claim. Our local Magistrates Court have only just realised that they cannot send people to Australia for theft and the County Court think Lord Denning is still working!!
Mind you, working as I do in probate (wills), I find that my clients tend not to revert to litigation! Still, if i can help, more than willing to do so.

crfx250 · 27th March 2007, 15:46

Well I for one wo'nt be accepting any settlement under the guise of an offer of good will. An offer made conditionaly where the defendant still maintains the charges were lawful and fair I find patronising and demeaning and on that basis alone unacceptable. It also leaves the door open for the banks to continue lining their pockets by rifling my account unlawfuly at my expense - when the privllege of their position is founded
on trust and honesty.

And besides, my claim is for the return of charges and thats what I intend to get. If I wanted a goodwill gesture I'd talk to a charity.

If the judge in my case dos'nt want to grasp the oportunity to put an end to wasting the vast amounts of time he, his peers, court staff and claiments consume in this futile and never ending game of legal brinkmanship then so be it. And if it does go sour and end up costing me tens of thousands in costs, fortunately, I can afford it and at least I'll sleep soundly in the knowledge that I tried.

indebtstudent · 27th March 2007, 20:59

Best of luck crfx250, not that you should need it.

Your comment is exactly what I'm getting at they say goodwill gesture, or that they're paying out because of what it would cost them to defend but we can be reaonably certain that's tripe.

Movingon · 27th March 2007, 21:12

Quote:

Originally Posted by indebtstudent

Best of luck crfx250, not that you should need it.

Your comment is exactly what I'm getting at they say goodwill gesture, or that they're paying out because of what it would cost them to defend but we can be reaonably certain that's tripe.

Yes we can - because were that the case, they would pay up at LBA stage and only have to pay charges. As it is, they employ Lawyers to take the case right to the brink; which as noted costs tens of thousands of pounds. Further to that they have to pay interest and Claimant's court fees too.

However; unless you *can* afford the costs of tens of thousands of pounds, (tipping hat respectfully to cruffix250) DO NOT under ANY circumstances turn down a "full" offer.

You MUST attempt to keep the case out of the courtroom; and an extremely dim view will be taken if you don't.

crfx250 · 27th March 2007, 21:28

I have to agree with SoneLaughter there. I would'nt for one moment recomend turning down a full settlement to anyone other than an ageing principled lunatic with relatively little to lose, such as myself.

cascade · 6th April 2007, 02:49

Whatever happened to the William Wallace Factor? Braveheart? Anyway it's not my name. Lol! Up the revolution.

indebtstudent · 7th April 2007, 12:41

It appears the answer is yes, if you're braver than most people can imagine!

http://www.consumeractiongroup.co.uk...e-watch-2.html

I respect the hell out this guy and I must admit that this whole campaign had already rekindled my faith in the law. It is not the fault of the law that consumers were unaware of the rights and protections that have been built into the system , ( would fault the law makers). Anyhow this little crusade, as I've said, goes far beyond what would be expected of the ordinary person. Hats off to this fellow and I sincerly hope he wins, either way he is doing a very noble thing. Besides if costs are awared I'll be the first to make a donation.

This chap's actions have restored my faith in people in general. Seems we're not all out for ourselves as some economists maintain.

7th April 2007, 12:44

I still think the case will be about damages not the actual cost to the bank.

indebtstudent · 7th April 2007, 12:47

A step in the right direction though surely? and very brave of the chap in question?

BTW this is off topic but does anybody know the payment details for Virgin Media? I need to send a payment online and can't understand the flipping bill. Very embarrasisng given my employment!!!

crfx250 · 7th April 2007, 12:53

Quote:

Originally Posted by NATTIE

I still think the case will be about damages not the actual cost to the bank.

Yes I think the csae is about damages but if successfull or possibly not
it may involve disclosure which is the crucial thing.

I think the whole problem is that the banks are not effectively regulated
and the banking code is non-enforcible, voluntary and vague.

It seems to me that tv game shows are more heavily regulated than the banking industry.

cascade · 7th April 2007, 12:57

I agree he is brave and, win or lose, deserves a medal for trying.
Good luck crfx250 and keep us posted as to your progress.

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