Thread: Getting Evidence for Court

Guys - I'd appreciate it if the more 'expert' peoples could answer this one, though all amazingly clever suggestions are most welcome

What would one need to get a telephone/email customer services person to say in order to provide some groovy evidence as to banking charges and automation, i.e. something that could possibly help to prove that their charges are too high and therefore unlawful?

I have on tape a person from one credit card company saying that their charges are automatic and effected by their computer...What else should I be trying to get them to admit/say?

Cheers

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I asked her permission to record the phone call

When you say it's up to them to prove their charges are lawful - is that really true? Surely it's innocent until proven guilty!?

When you phone up, they usually tell you that the phone call may be recorded for training purposes. Surely we could do the same and inform them that the call we are making may be recorded for training purposes?

Only in criminal court is it innocent till proven guilty in civil court it appears to be a case of six and half a dozen at least from what I have read but if you claim that their charges are punative providing the oft Calculating fair default charges in credit card contracts as evidence found via this link http://www.oft.gov.uk/NR/rdonlyres/2...E/0/oft842.pdf

I think it would be then up to the bank or their lawyers to prove otherwise. Case won unless the bank feel upto the challenge of taking on the OFT

The burden of proof remains on the claimant. It is up to the person making the claim to prove on balance of probabilities (Ie more probable than not - at least a 51% chance) that the charges are a penalty rather than a true cost of effect of breach.
The bank will be required, however, to disclose certain factors to the claimant and a failure to disclose true costs to the claimant will to a certain extent be seen as an admission of liabilty by a judge

Hi

i have court date with Abbey on my birthday 22 dec, i need to prepare a statement for the court anyone know what i should put in it????

mimi