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

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

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?!

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!

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

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.

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

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

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.

Isn't the whole thing about small claims that you are not liable for the other sides costs, even if you lose. Reading the cases where the bank agrees to refund (just about all of them) they always send the same letter stating that it would be too expensive for THEM if even if they won.

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 ..

BBC - The Law Essential Guides - Small Claims Court

gives the reasons for sending the template letters as well

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.

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 )

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!!!

Can anyone help me? Where do you find the court cliam forms?

If you are not claiming online (MCOL) then I believe you have to collect them from court....

The n1 form is downloadable here:

http://www.dream-concepts.com/magicbunny/n1_eng.pdf

or for moneyclaim online:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Thanks dollies, that PDF N1 has saved me a 40 mile round trip!