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Kenny Haymes

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About Kenny Haymes

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  1. " As to Kenny's question about bank T&Cs - they will send them if you ask. If they take too long and your case is coming up then write to their solicitors and say you are requesting them under CPR Pre-Action Protocol 4.6©. I did that with NatWest and got them in two days." Well done Steve4064 ! Pleased they did send them to you - and your claim was successful. However, 'if' they didn't/hadn't - what then ? Further, what about in the case where county court judgments have been obtained by banks incorporating these penalty charges - would they 'still' supply a T&C copy, in
  2. It is not in the interests of the banks to provide you with evidence which would, in all probability, be the equivalent of 'litigation suicide' ! The banks will of course have them - somewhere - and, if it 'suited their case' in a particular scenario they would undoubtedly produce them. Any cases without T&Cs being submitted as evidence on behalf of the claimant customer - should be considered as vulnerable - and T&C evidence should be sought as a matter of priority - see the various appropriate T&C sections on this website. You may also wish to ask for your 'original' T
  3. ....they charged you ?" I don't quite follow the question - I don't have / have never had an account with Lloyds ! I just hope Lloyds TSB will document to the court - being the honest bank they purport to be to the courts - all cases/claims they have refunded in full - charges + all interest - when filing any meaningful and genuine defence, if any ? As for 'the case' I am involved in - they/the bank owe me circa. £800k+ ! Fully documented ! Many others too !
  4. 'Portsmouth' Courts are very pragmatic - and the bank will encounter great resistance to any attempted 'monkey business' ! Be assured ! Go well prepared - and you will get a very fair hearing ! Good luck !
  5. More great news then ! I hope Lloyds TSB will 'fairly & properly' refer to their early settlement refund in this (and all the many, many other) alleged 'fair charges case' - when they try and argue their corner in any court case - especially those cases without T&Cs ??
  6. Interesting story - 'Bank claims deluge legal service' - BBC Online The government's Money Claim Online small claims service (MCOL) is being overwhelmed by claims for bank charges. So many people are using the website to reclaim overdraft charges that at times it has slowed almost to a standstill. BBC NEWS | Business | Bank claims deluge legal service
  7. Sure thing Gez ! I agree, especially with the Berwick statement - please see my post # 169 & Mistermind # 170. Whilst a 40-60% refund via the FOS may not be ideal, it does not 'close doors' - conversely, proceeding to what appears to be a 'pre-determined' strikeout, based on a flawed case from another county court - which said earlier, sadly, ill-prepared case - you and I, auntie & uncle, and the world & his wife 'know', (as does the judiciary), is totally irrelevant to what takes place elsewhere, and has absolutely no bearing whatsoever - but 'somebody' does think its releva
  8. Yes, duly noted - and unfair, in my view that claimants should lose out in that way - howsoever, in the overall game plan it may be worth it - and, when a 'suitable case sets the 'just' consumer precedent - then maybe a smaller claim within the small claims court for the lost interest ? Tactically - I have to say I sincerely believe that a tactical withdrawal and redirect to the Ombudsman in the short term is the most favourable option - at least it would usurp being sucked into still waters - that may run very deep !
  9. From a tactical viewpoint - and downsizing any dangers to the Claimants involved - and in the interests of the 'movement' en bloc - would it not be preferable/advisable for them to 'withdraw' their court claims and in so doing pre-empt any unjust or misguided decision ? Then they, 'very simply', refer their claims to the appropriate Ombudsman, where, I understand, there has been 100% no-quibble refunds todate - because when the refund claims are before the Ombudsman the banks do not want to attempt to explain their charges ! In the most highly unlikely event that the Ombudsman route
  10. " We are a long way off the banks putting forward an actual argument in front of a Judge, if ever." Mmmm, whilst I understand the comment/viewpoint - I would say, with the very greatest of respect - in fact one 'has' - and, if it had succeeded, it would have buried thousands of penalty charge cases - but their very high risk strategy failed - as did their attempt to 'force' a confidential settlement -and since then 'heaven & earth' has been moved by 'them' and various 'friends' within the system, to ensure it does 'not' come out ! By 'friends within the system' I mean the civil c
  11. Surely, in compliance with Court rules, any such correspondence by the bank's solicitors (if any) with the Judge or the Court, should be automatically copied to the opposing side - and any such breach condemned accordingly - let alone complied with ? " .....or is it at the behest of the bank's solicitors." Did the bank's solicitors ask for the judgement to be made or is it purely the judges decision - has there been any correspondence to the solicitors of the bank or would you send any copy to me." 'If' any exists and hasn't been copied to the Claimant by the Defendant bank, the
  12. The two cases that give the 'appearance' (really nothing more in 'stone cold blood') of going the bank's way - probably qualify to go under a subheading entitled 'self-inflicted' ? They are not really successes for the opposition - they are still scared - they 'will' try and pick off the 'non-attending', 'poorly prepared', 'key documents missing' cases and seek to maximise any result in their favour. It would be great to find a case maybe where a bank have got too cocky and sought to score a major victory - but have falsified their evidence or made some other majorly disastrous move - wh
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