Hi Guys,

Does anybody have the correct legal citation for the GLC bank charges case, I am hoping to stop a strike out from the other side.

Thanks,

TheyrCriminals

I have just completed and sent off this document. Closing date is 10 December. It's not too clear what you need to do. I opened the word version, saved it and then completed it and saved the final version. I then had to go back to the first page of the web site to get an e-mail address to which to send it.

 

First thoughts are most of the respondents will be the creditors - and much of the proposals to make enforceability easier etc. are in THEIR interests - not ours.

 

Please participate - you need to set aside AT LEAST 2 HOURS to complete it - but we need our side of things put forward LOUD and CLEAR.

 

BD

 

PS I see Consumer Forums are listed as one of the interested parties - but haven't heard anything about this on the forum up to now. Am I looking in the wrong place?

Hi BigDebtor,

What document are you talking about?

TheyrCriminals

Hi,

My bank charges claim is due to be thrown out, as are everyones at the Torquay and Newton Abbot County Court, at the end of this month. Is there any chance at all of preventing this and if there is what is the new legal argument to prevent the claim being struck out? In my opinion the test case was corrupted, there can be no doubt in my mind that the economic situation dictated the legal one, I hope everyone can see this.

TheyrCriminals

Hi Rebel,

This isn't a bad idea at all. Is there no way we could realistically get on board just one celebrity, is there not one person in the celebrity arena that would be prepared to become a public face of this campaign? If we did achieve this it would be a great catalyst for public exposure. Which celebrity isn't a huge fan of capitalism, banks or amoral profiteering?

TheyrCriminals

Hi,

I can see no valid reason for a generic email sent by an orgainzation to its own members costing £3000. All your paying for is electricity and one person's time!!!!!!

TheyrCriminals

£3000 to email all members according to Bankfodder..

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Excuse me? £3,000 to email all CAG members? I think not. Who has said this and how can it possibly cost this amount to email all CAG members?

TheyrCriminals

Hi Guys,

Could I suggest that as it is unlikely we will get all CAG members to donate that maybe we should raise the figure a little to just £2 per donation. I think this is still an affordable figure and would generate alot more revenue for this battle, because whether we like it or not it is going to take alot of money to achieve what we want.

This is just a suggestion that's all.

TheyrCriminals

Hi,

Yes count me in.

TheyrCriminals

The case will be heard before a circuit judge and then presumably appealed in the Court of Appeal. I emailed Max Clifford on Wednesday, we live in hope. I intend to seek publicity next week and am considering which media to use, press or television.Would like to have slogan short enough for T Shirt and also to be used as a email address. Happy for site to CAG moderators to contact me it is the last chance saloon and must be done properly. Even if I am only the face of a national campaign I will be happy just to close this argument for good. Will keep my eye out for the best logo but need to decide quickly. Is Martin Lewis all talk or will he join in, who knows.

Hi Tim,

You want maximum exposure so don't just decide whether to use newspapers or tv. If I were you I would get as many tv companies, radio stations and newspapers you can possibly speak to who are willing to go with your campaign hopefully they will run with it and even support it. I do know both The Independent and The Daily Mail were ardent supporters of the bank charge reaclaim campaign. I also think you should approach your local tv and radio station as well as your local evening paper who I am almost certain will run with your story. Don't forget the internet as well. Can you private message me your email or phone number and I will do what I can to help. If this can be seen as a very worthy cause which will benefit millions of ordinary consumers and has a good chance of success then what you may find happen is more promiment donors stepping forward to help pay the legal bill.

I would certainly approach Martin Lewis, anything is worth a shot at this stage. You have nothing to lose by contacting him.

TheyrCriminals

Hi Tim,

Can I just say that it is so good to read someone coming forward and attempting a challenge for what could be the last chance for unauthorised overdraft charges. I am more than happy to contribute financially to your quest as I myself have been trying to raise funds to pay a solicitor to read the full Supreme Court judgement and give me guidance as to how to proceed, if we can, with me and my friends stayed claims. However we only have until the 25th November this year to amend PoC's and hopefully get a reprieve. If there was 'an alternative test case' that we could cite it would certainly bolster our chances of a hearing and hopefully our claims would then be stayed pending the result of this test case. When do you think we will know if this test case is to go to full trial? In addition I think that now is the time to start seeking mass publicity for your camapaign. Has any of the CAG site team spoken to you in an official capacity as yet? We need to get the word out there right now, today. So if there is any help we as CAG users can offer realistically then please let me know. I still can't believe there hasn't been one hearing in any English County court of the new legal arguments, do you know any different at all?

The Best of Luck,

TheyrCriminals

Give up? Me? You should know me better than that jdes........I just don't have much faith in the judicial system any more

 

srfrench is quite right though - judges often have a tough time - particularly with all of us knowledgeable Caggers they have to contend with. I just feel that maybe some of them could be better equipped to deal with the type of cases that are obviously more prevalent now......

Hi,

What on earth am I reading here?! Judges have a tough time?!! Do me a favour - they get paid quite handsomely to deal with these issues and it must be said quite often at the cost of the financially broken consumer. Give up? I gave up on the legal system in November last year when 'something strange' happened in the Supreme Court regarding unauthorised overdraft charges. I, along with many others, can be wholly forgiven for giving up. However I certainly didn't give up the fight. It must be said however MSE and CAG all pinning their hopes on Govan Law Centre coming up trumps smells a little like giving up.

TheyrCriminals

Hi Guys,

Thanks for your responses.

TheyrCriminals

Hi,

I would like to start a new thread on how many claimants have had their bank charges claim struck out and why. Can some one please show me how to do this please?

TheyrCriminals

Well here's what Lloyds can do when they really put their mind to it. I'm sure there are similar cases with most of the big banks though:

 

£800 bank charges for 8p overdraft

Hi,

The above link doesn't work. Can you please re-post.

Thanks,

TheyrCriminals

my girlfriend has 2 kids and lives on benefits she has just had a letter telling her that she is being charged by lloyds £90 for being £145 over overdraft for 3 days...... we should be marching in the streets... the telephone number is 0845 to complain yet from overseas they give an 0207 number

Well said fergal. As we now know the system screwed over most of us bank charge reclaimers, and I think protest action as well as other democratic actions should now be employed by consumers unless the coalition government steps in which I don't think it will as regards reclaiming past charges. As regards 0845 numbers being used by banks, companies and now government departments and agenices it is quite simply perverse! Greedy Britain at it again. Intelligent and effective action really should be considered at this stage.

TheyrCriminals

Hello Bookie!

 

They obviously meant 1st April.

 

The year not being important!

 

It's obviously a blurdy big joke at the Consumers' expense, as usual.

 

Cheers,

BRW

That date is very important if this legal avenue is successful because consumers will only be able to reclaim charges based on a contract being concluded after the amemdement to the Consumer Credit Act 1974 came in to effect which I believe is 2007.

TheyrCriminals

On the other hand, if you have found an angle they might not have thought of, it would be daft to give them advance warning of it. Yes, they'll have had the POC and other info, but they still need to work out the strategy and reasoning behind the documents provided. Discussing those openly on here would give them an additional edge they simply do not need to get.

 

Let's not forget as well that if a LIP were able to get the case thrown out before the hearing because of the bank's incompetence/negligence, they should get the chance to do so.

 

We should never lose sight of the goal here, and for each LIP, it is to get their money back from the bank, not to score a great goal for us all. If that happens as a consequence, great, but it would be unfair to ask of anyone to gamble their case for us.

 

For all that we are chomping at the bit, I agree that discretion is best at this point, there'll be plenty of time to crow if and when whoever is successful... or to tell us all to give it up, it ain't working. ;-)

I give up!!! Over the next two weeks I will try and save up (and beg and plead) to get together enough money to pay a reputable solicitor for a couple of hours work so that he/she can read through the Supreme Court judgement, hopefully he/she can elicit any scraps there may be in it that we as consumers can use to formulate a strong legal argument that has a chance of success in court. I will of course bring to his/her attention the S.5 UTCCR argument and the new legal avenue found under the Consumer Credit Act 1974 (as amended). I will also put to the solicitor the negative response I have received from the bank in relation to the two new legal arguments. If I receive any hope from the solicitor I will bring it to this forum immediately and share it with you all. Keep up the faith 'cos it aint over yet. Please be aware that the Torquay and Newton Abbot County Court has given all bank charge claimants until the 30th November 2010 to request to have the stay imposed on their case removed. Time is now of the essence! Wish me the best of British...oh no on second thoughts just wish me luck.

TheyrCriminals

Because you haven't told the vast majority of us!!!!

TheyrCriminals

Kennyh,

Thanks, I picked up alot of this language during and on completion of my law degree.

TheyrCriminals

Johnnymitch,

'So ... you'd give them ammunition to shoot you down with .... doesn't seem like a good ploy to me ...... '

No I wouldn't! You have omitted the other points I raised. You don't seem to understand (and Im not being hostile at all) that it makes no difference to hide a valid legal argument from all the other CAG users because, and I'll say it again, - I would shout it from the rooftops because it makes absolutely no difference whether banks are watching these threads, a legal argument will either work or it wont no matter what is made public. To reiterate once more in response to previous posts the law being tested in the Scottish court is applicable to the whole of the UK not just Scotland but any decision from the Scottish court will not be binding on English courts but may have minor persuasive authority.

TheyrCriminals

Johnnymitch,

I do suspect, based on evidence, that claims are being thrown out of court and people are giving up (I am not one of those people). In answer to your question I would share it with the world if I had a legal argument that had a chance of standing up in court and was indeed going to trial - I would shout it from the rooftops because it makes absolutely no difference whether banks are watching these threads, a legal argument will either work or it wont no matter what is made public. It's just like Craningli says at Post *404 what on earth is the point of secrecy? The Scottish test case details were made very public remember although now we appear to have information access problems. To reiterate in response to previous posts the law being tested in the Scottish court is applicable to the whole of the UK not just Scotland but any decision from the Scottish court will not be binding on English courts but may have minor persuasive authority.

TheyrCriminals

Hi,

Patience??!! That has got us absolutely nowehere for the last 3 years and certainly not in the last 7 months time is now ripe for positive ACTION before even more claims are thrown out as I'm convinced has been happening up and down the country for the last 7 months. The law being tested in the Scottish case is definitely of UK application but if determined in a Scottish court it is not binding on English or Welsh courts. If and only if CAG are taking a test case through an English court why on earth aren't they posting it up or informing us? I suspect because there isn't one.

TheyrCriminals

Hi,

This is ridiculous, what the hell has been going on? Its now been almost 7 months since the Supreme Court judgement explicitly stated that consumers may still be able to challenge unauthorised overdraft charges under S.5 of the Unfair Terms in Consumer Contract Regulations. In all this time I have heard not one case progressing to trial in any English and Welsh court to determine this new legal argument. There must now be countless bank charge claims that have been struck out of the system which just simply haven't been reported. We are all now waiting for one Scottish case to be heard which has absolutely no binding authority on courts in England and Wales and will at best perhaps, if its the right decision, be of minor persuasive authority. There surely must be more, as a collective action, that we can do to kick start these claims in the right direction as oppose to hanging our hopes (or moreover dashing our hopes) on this one case in Scotland.

CAG Team, any help or ideas appreciated.

TheyrCriminals

Hsbcfiddled,

Precisely.

TheyrCriminals

Hi Guys,

Do we know if the Scottish test case to hear the new legal arguments for bank charge reclaiming is still going to trial on June 11th?

TheyrCriminals