Lloyds victory in Birmingham - in perspective

[TideTurner]

Originally Posted by Praetorian

I think you are barking up the wrong tree. Tom Brennan appears to have received a great deal of publicity towards his cause and is a learned fellow of law and therefore, he has kindly offered support to Mr Berwick's cause, nothing conspiring about that is there?

Am I right in understanding Tom Brennan was only after 6 years?

[Amadaus_11]

Hi Jobese
I'm really terified of this whole process and think i'm going to mess up as I don't understand all this court business.
I have a claim against Barclays Bank and followed the instructions to make a claim on line. Barclays put in an acknowledgement on the 14th day. I then today another 14 days later put in a defence. Does this now mean i will have to go to court? Croydon is my local court, what should i do now?
with this win by Lloyds I now think that I will loose as Barclays will probably now turn up in court as they seem to be keeping trackof my claim. I would get a solicitor if I could afford one My claim in for £4000 including interest and i was hoping to use this to get rid of my overdraft and other debts.

Any help or advise would be much appreciated.

[pugsley]

have to agree an appeal would be good, whether that was the intention? I'm not so sure, but who knows. The judge seems to have left it wide open for an appeal though doesn't he?

I wonder if the banks will start to prepare bundles suddenly.

BTW can I ask for the terms and conditions without paying out another 10 pounds for S.A.R - (Subject Access Request) (I've got my statements from Abbey already via SAR,but no T & C's).

[TideTurner]

You can stipulate that you haven't received all the information you are entitled to, including the T&C's. Also ask for all computer logs and emails.

Tide

[Big Man]

Morning All
Well reading some of the comments about Judge Cooke there appears to be a little bit of panic setting in, dont worry folks just keep pressing on we will win in the end !!! On the Judge, is he on something or a major shareholder in the banking industry, who said the british justice is fair ?
here we have an opinionated, probably well off, man who could not judge flower show, where's his impartiallality, for him to disreard the letter of law and apply his versions is totally unacceptable and must be appealed against. So come on Mr Berwick accept any offer of help and drag this case into the High Court !

I've my little rant, ooh I was soo mad yesterday, but today very positive, bring it on Lloyds see you in court.

My bundles went to Poole County Court, and SCAM, last thursday, and the hearing is set for 29 June 07. Cant wait ! Please everybody prepare well and listen to the advice on here, that way you WILL NOT lose.

[Pandapa]

Hi all,
having read some of the threads above with regard to T & Cs .I would like to ask whether Abbey having indicated in their defence that I m in breach of contract and the fees reflect adminstrative costs, puts them in a position where they cannot turn around and claim the charges reflect the cost of service?

Pandapa

[Soniam1981]

Thanks Tide. I have got as far as starting the court process now so wouldnt sending an S.A.R - (Subject Access Request) be too late? I suppose I have a right to the information, just worried they may drag their feet now I am about to start court action against them. I am due to submit the court papers today.
Soniam

[MoneyKing]

Hi All,

In light of this is it not wise that we all just stick together? I think strating to panic is just what we dont need. One case, esp in a county court, is not to be concerned about, though I do agree if it is the same Judge on all the other cases in birmingham then we could be in for a roller coaster ride! But again, if Kevins case goes to appeal, then we are sure to win, and actually this is the reason why most banks do not defend!

What I do sugest is that we start off postin T&Cs from all the various banks, from before this procedure came into public light (i.e before the banks changed them). This will ensure that then the Banks will no longer have a leg to stand on. We prove this is breach and therefore we can apply the law on penalty charges!

Come on everyone, goto to court, even if it means losing. At least this way the banks will have to answer in high court at some point.

[Domant]

Wud i be right in thinking that the T&Cs req,d are the ones that were used at the time of opening the account
Steph

[Nicky29]

Hello all,

I'm new to this site, having logged on after the recent Lloyds TSB fiasco! With advice from Martin Lewis's site, I'm in the process of taking them to court for £480.72 in charges and interest which doesn't seem alot compared to some, yet they have still issued a defence against the whole claim. Its currently in the 28 day period where they submit this defence -I'm waiting for the Court Allocation Questionnaire and up until 2 days ago was very confident about the whole thing...

The bank sent me letter following my last request for the money, talking about regrettably having to charge for the so-called "extra services" they provide - this is such a joke! How can that judge accept this whitewash and rule in their favour?? Its clearly the banking industrys attempt to justify the extortionate charges they've happily inflicted on people for years!

I'd really appreciate any advice on how to deal with this now - if anyone has any success against Lloyds TSB following this judgement please let me know. I's also love to get a copy of their T & C contract as I don't have mine (I opened with them eons ago). I'll keep you updated on any progress here too....

Nicky

[Nicky29]

PS. What are these bundles I've been reading about...?

[Odd Fellow]

There's a lot of panic here. Please do get it all in perpective.

This is one loss out of thousands and there appear to be a number of reasons for it (discounting conspiracy theories)

Court is a serious step. MANY, MANY people have been encouraged by the thousands of cases and thousands of wins and have throw their ball into the Court, so to speak. I think it's extremely easy to get swept away in the euphoria of the success stories and encouragement from people on here who, like me, have very little legal experience. This is not a dig, just a statement of fact. The upshot can easily be that we begin to lose sight of the relatively serious nature of all this and start taking things for granted. As soon as you do this, you're causing problems - it's easy to become complacent for instance and miss vital things that need to be presented should you ever face a judge. This appears to have been a contributing factor in this Birmingham case.

The Small Claims Court does not expect us to be legal eagles, but it does expect us to be dilligent and reasonable in our claims and presentation of cases.

If we can't manage this, then the chances of losing increase.

Put this loss into perspective and take it as a warning that without proper presentation, etc. you might not get the outcome you want.

[notlam]

Has anyone here got a copy of Lloyds TSB T&C's please?

Ideally an older version, before they (LTSB) changed them (if that's what they've done) that can be used to show that I am in breach of contract by going into an unauthorised overdraft situation.

Although, by definition, "unauthorised" must make me in breach of contract? No?

[fairbank]

I for one would go all the way irrespective of the outcome to highlight the excessive charges that have been applied to customers for many years.

Yes all banks will be thinking that we can delay these claims now that one single judgment (or apparent one) has gone their way.

The press will have a field day with this and depenedent upon their reaction the movement should grow stronger to combat the banks.

Rallying call to everybody - keep the pressue on and claim what is righfully yours.

[Nicky29]

I agree Fairbank, we have to keep putting the pressure on despite this apparent setback - I'm sure that decision will be appealed too.

"it's easy to become complacent for instance and miss vital things that need to be presented should you ever face a judge.....Put this loss into perspective and take it as a warning that without proper presentation, etc. you might not get the outcome you want."

Odd Fellow, can you or anyone else advise as to what evidence / information needs to be presented in Court? What argument should have been presented that was missed?

[curlychic]

Martin Lewis speaks out !!

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