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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Has Anyone Lost in Court?


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Has anyone lost a claim in court? If so, what was the consequence in paying the banks legal fees?

 

I am about to put in a claim with them to the small claims court for £780. My wife is concerned that we would have to pay ridiculous legal fees if we lost to the Bank.

 

Cheers

 

AstroBhoy

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Hi

After reading nearly all the threads on this site re rbos cusomers no one seems to have lost a case. I know its scary the thought of court but it is more then likley not going to get that far. Seems to me some people are getting paid out quicker then others. Only RBoS know why. Stick it out and you will be paid soon.

It took only a month for me to get paid. Everything for some reason was done so efficently. Good luck and don't buckle, your money will be with you soon like everyone else.

 

gerarddobbin

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That sounds very positive, but i'm sure someone must have lost (not that i'm willing it to be the case!) Otherwise, what's the point in the bank's trying to put up a case against all these actions?!

 

The point to them is delaying tactics & dragging things out so they can make measly offers hoping we will get fed up of waiting, accept an offer as too afraid to continue n lose the lot (deal or no deal style!) and a chance for them to hang on to OUR money longer I spose! :rolleyes:

 

My hubby was very sceptical too as he couldn't see how we would get money from banks we owed money too - Changed his tune when the 1st offer CQcame through the door!

 

I think some people do give up along the way or accept lower offers to see a closure to it all.

 

Hang in there - you WILL get your money back if you do things correctly

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Find one case that the bank has taken to court, a big fat none. Its like a game of poker to them, there trying to call your bluff because they are a big organisation and we are the small people. The thing is that together we are a force to be reconed with. Hang in there and believe me when i say your money will be with you soon.

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I am aware of three cases going to court.

 

1) can't remember the name - right at the start, got seperate legal advice but lost (by their own admission - very poorly prepared and was not aware of CAG at the time of the case)

 

2) LTWFB v Citi - appeal pending I think but the court decided that £12 was a reasonable charge and LTWFB got the difference between the charges charged and £12

 

3) Jonni2bad v Halifax - default removal - not quite bank charges case but for a removal of a default notice as a reasult of unlawful charges. Halifax had refunded the charges but refused to remove the default. Halifax won that case - don't know about an appeal or anything but it's all in his thread.

 

of course, this is a tniy number compared to the huge volume of cases that are settled before court. Don't worry

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I have successfully claimed and WON over 6 claims so far and still have some outstanding. A few have paid before court action, and the rest i had to put in a claim via small claims court, but they have ALWAYS paid out before the return date. These amounts were under £750 so go for it and get back what you deserve. Good Luck and if you need any help just ask xx

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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I am aware of three cases going to court.

 

1) can't remember the name - right at the start, got seperate legal advice but lost (by their own admission - very poorly prepared and was not aware of CAG at the time of the case)

 

2) LTWFB v Citi - appeal pending I think but the court decided that £12 was a reasonable charge and LTWFB got the difference between the charges charged and £12

 

3) Jonni2bad v Halifax - default removal - not quite bank charges case but for a removal of a default notice as a reasult of unlawful charges. Halifax had refunded the charges but refused to remove the default. Halifax won that case - don't know about an appeal or anything but it's all in his thread.

 

of course, this is a tniy number compared to the huge volume of cases that are settled before court. Don't worry

 

 

1) Henry v Natwest. The details are in the Natwest forum, but as you say, it wasn't one of ours ( he came in once to post his story for us, for which we are grateful). It makes good reading as to how NOT to do things.

 

2) Debatable as to whether that was a loss as such... No costs awarded either way.

 

3) Jonni indeed lost on the removal of default issue, not on the bank issues.

 

However:

 

- I have won 5 cases outside of court, and 1 in court.

- Allyxia has just won her default/CCJ removal case.

- We have a ( as yet not confirmed independently) of a case won against Egg.

 

And we have thousands of cases that got settled anywhere between the first letter and before the court hearing.

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Isn't the whole thing about small claims that you are not liable for the other sides costs, even if you lose.

 

I don't think so - I'm sure u'd still be liable for the other parties - Think I was reading a discussion about this last night actually ..

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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If you make a complete hash of your case the Judge may make you pay the defendants costs...a sort of 'time wasters' levy I suppose. But I gather that as a lay-person you'd have to have presented a pretty bad case to have this happen.

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In my experience of going to small claims court for various other things, I have always found the judges to be very helpful.

 

On one very complicated case, (basically I had evicted a commercial tenant for persistently not paying rent, and seized their goods as security for payment - the tenant tried to sue for the return of his goods) the judge explained clearly why a couple of little bits of my claim could not be allowed, and also the same with the other party (in the end it was agreed for me to keep all the stuff in lieu of rent, and the claimant got nothing and obviouosly had paid all the court fees :D )

 

In my experience judges appreciate that someone representing themselves in the small claims court is not a lawyer. So long as you show that you have done all your "homework" to the best of your ability and done your best to understand the laws concerned and therefore not waste the courts time, they are leniant and helpful and won't penalise you for a little technicality on a point of law.

 

As I say, that's my experience anyway. It IS very scary going to court for the first time, but once you've done it you'll realise there's nothing really to worry about.

 

... and as well all now know, how often do Banks actually turn up to court? - you're more likely to win the lottery!!!

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Halifax settled

Halifax (again) settled

Nationwide settled

Natwest settled

Don't forget to donate to this site, they gave us the backbone to put up a fight, we've learnt how to reclaim our rights and proved banks are all nothing but........ rubbish <wink>

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