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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 20th September 2006, 20:12   #1 (permalink)
jengis
Basic Account Customer
Wink So, are you prepared to go to court??

Hi folks,

Phew....I've now probably read hundreds of posts since finding the site 4 or 5 days ago, been through all the FAQs and feel like I could now take on any bank!.

Just a thought.... as some of the moderators have said, you shouldn't do this unless you are prepared to go all the way, and I can imagine most people don't fancy having to go to court..... and that includes me.

Anyway, point to this post? - just to say that I popped along to Edinburgh Sheriff Court this week just to get a feel for it and I can honestly say my fears have disappeared.

I wandered up and sat in the public gallery (alone I might add!) and listened to several small claims - they don't last long and the claimant (us) didn't tend to have to say much as the defence has already been lodged so the Sheriff knows the reasons you are claiming.

Granted - these were not our type of cases (as none of the banks seem to get as far as court) however I just wanted to re-assure people that it seemed a relaxed atmosphere, very few people in the room, and it seemed more of a chat than a hearing.

In contrast, I popped into some of the criminal courts, much different, people in the public galleries observing, several lawyers, horsehair wigs etc and all very formal (read intimidating!)

So, small claims?... bring it on!

I hope this may allay some of your fears about court, and my advice would be to take a day off and go along yourself and get the feel for it - just incase.

Jengis

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Last edited by jengis; 21st September 2006 at 00:07.
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Old 21st September 2006, 12:54   #2 (permalink)
Piggy bank
Basic Account Customer
Default Re: So, are you prepared to go to court??

Was in edinburgh court myself yesterday, to put a claim in. Looking forward to a possible hearing, but fear it might not get that far. Did you put your claim in yet jengis?
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Old 21st September 2006, 19:53   #3 (permalink)
jengis
Basic Account Customer
Default Re: So, are you prepared to go to court??

Not yet Piggybank, I've only just sent my first Data Protection Act requests off, been reading the forum for several days now.

I like to make sure I have all the info I need before getting into things like this, hence the reason I went along to court, just to get the feel for it.

With all the info gained here, coupled with the visit to to court, I'm happy about the whole process now.

Incidentally, did you submit your claim at the front reception desk, or is there an office within the court building?

Jengis

PS: Let us know if you end up in court, I might pop along for moral support.

Last edited by jengis; 21st September 2006 at 20:12.
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Old 22nd September 2006, 09:55   #4 (permalink)
Piggy bank
Basic Account Customer
Default Re: So, are you prepared to go to court??

The court feels quite relaxed actually - I certainly wouldn't be dreading it.

For submitting your claim, you go past the reception desk, through the metal detectors, up the stairs and turn left. It's the civil department, who deal with small claims etc. Not that hard to find, and they are certainly aware of these type of cases

I haven't heard back yet after sumbitting my claim, but hope to get hearing dates in November...
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Old 22nd September 2006, 10:06   #5 (permalink)
Number6
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Default Re: So, are you prepared to go to court??

Quote:
Originally Posted by jengis
Hi folks,

Phew....I've now probably read hundreds of posts since finding the site 4 or 5 days ago, been through all the FAQs and feel like I could now take on any bank!.

Just a thought.... as some of the moderators have said, you shouldn't do this unless you are prepared to go all the way, and I can imagine most people don't fancy having to go to court..... and that includes me.

Anyway, point to this post? - just to say that I popped along to Edinburgh Sheriff Court this week just to get a feel for it and I can honestly say my fears have disappeared.

I wandered up and sat in the public gallery (alone I might add!) and listened to several small claims - they don't last long and the claimant (us) didn't tend to have to say much as the defence has already been lodged so the Sheriff knows the reasons you are claiming.

Granted - these were not our type of cases (as none of the banks seem to get as far as court) however I just wanted to re-assure people that it seemed a relaxed atmosphere, very few people in the room, and it seemed more of a chat than a hearing.

In contrast, I popped into some of the criminal courts, much different, people in the public galleries observing, several lawyers, horsehair wigs etc and all very formal (read intimidating!)

So, small claims?... bring it on!

I hope this may allay some of your fears about court, and my advice would be to take a day off and go along yourself and get the feel for it - just incase.

Jengis
I've actually been involved in several County Court cases - some as claimant (not against the banks though - normal commercial debt chasing) and one as defendant (against the CSA!).

It's all very low key and quite relaxed as jengis says and nothing at all to worry about.

The only points I would make are:

1. Dress smartly. Saville Row is not required but dress as though you were going for a job interview.

2. Be respectful to the Judge and all other court staff. The Judges get uppity if they think you are being disrespectful. Again, no need to go over the top tugging forelocks etc, just call him or her sir or madam and generally be polite. The court ushers and admin staff are also very helpful and knowledgeable people -treat them with a bit of respect and they'll help you.

3. Turn up in good time - better half an hour early than five minutes late!

Of course, none of our cases will ever get this far...... will they ???

Pete
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