Kevboy_telford Vs LLoyds

[Fox Mulder]

Kev, I was sorry to read of this on the BBC News site but remember, it isn't over unless you choose it to be. You've got Martin Lewis on side with a wonderful, generous offer to assist you, and your case is most certainly a hideous fluke.

 

I don't know what the judge was thinking, especially as, as usual, the bank was a no-show and treated the whole proceedings with contempt. The bank hasn't proven its charges are fair because it can't, and it hasn't had to outline what it really costs to do this and that penalty charge.

 

So this makes no sense to me. I am convinced you will win on appeal.

 

Of course, like many others, I am a bit wobbly now as my case is yet to move forward - I've sent off court docs, and my bank has made it known it intends to defend (though whether it sends in a defence or not, who can say?). But I know what's right and I know what's wrong. These charges are inflated, crippling, and hit the poor - and disabled such as myself - the hardest because we are the ones least able to pay, so we are penalised again and again and again.

 

Take heart. You've a groundswell of good feeling coming your way, with the majority - I am sure - convinced, second time round, on appeal, you WILL win. And that will mean a bigger financial hit for the bank than if they'd acted with humanity and done the right thing in the first place.

[wsm36]

Point 33 made me laugh. I thought Judges were supposed to be in touch with modern society.

 

Since when were judges in touch with anything never mind modern society? LoL:-D

[sea-sidelady]

Hi Kev,

 

It goes without saying that we are all behind you. Hopefully the mods have interveined and are supporting you, and guiding you on what you need to do.

 

We will all be watching to see what happens next.

 

Good luck.

[delboytrotter]

You have to appeal, Martin will help you and i really believe this judgement was a mistake and taken at face value instead of using common sense and fact. If you appeal i think you will have to carefully prepare a defence to the judgement but it should be possible to get this overturned....not least on the grounds that the judge could not expect you to provide details of the costs the banks are invloved with unless he was to order the bank to give you access to their files, the order should be the other way round

[ojojward]

You have to keep fighting!! When i first hear the news i spent the next hour trawling the teletext and internet- then found the nearest bottle of wine!! I hope you have done the same- give your self a couple of days and then start the appeal.

You have the backing of every one behind you- you have offers of finacial assistance and untold support.

Think of all of us sitting here wondering how we will get back on track without resorting to selling our bodies if we loose our cases- trust me i wouldn't make much that way!!!

Best of luck kev

You have my full support and a tenner waiting to assist-

Any advise for us still awaiting a hearing would be muh appreciated

Oj

[delboytrotter]

Kev i am sure there are a lot of tenners sitting waiting for you, The appeal is the only way to sort them out, the judge has issued a farcical judgement

 

p.s If i was to sell my body i fear it will cost me a fortune!!!!!!!!

 

GOOD LUCK

[BarclaysHater77]

Kev

 

Just been reading another related article on BBC if you appeal the bank will still settle as if they lose in high court they will have to refund all customers so well worth taking up the offers of support and fighting on not just for yourself but for us all who have cases coming up after all no bank will go to court until your appeal is heard and settled.

 

Barry

 

p.s £20 here if a fund is set up

[raffles78]

gutted for you

 

on the point about providing evidence, is there no way that CAG could get access to the Editors or reporters of the recent programme which they contributed to which had experts giving their judgement of the likely cost being as little as 2 quid to deal with an overdrawn item.

 

Also, has any1 thought of some other form of protest if the courts decide it is legal. Just because something is legal does not make it right, perhaps other options could be looked into for e.g. mass withdrawal and changing of bank accounts with banks like Lloyds that don't listen. Just a thought.

[Parkvale]

Kev, ABSOLUTELY UNBELIEVABLE. I wonder if this judge has thought if you can't beat them join them. His judgement is so way off the mark. Is he saying that you do not have a contract with the bank. Thus his remarks that you are not in breach of contract. As he said the following:

"Having held that the charges complained of are not charges for breach of contract but part of the price of the services provided by the bank....he has not satisfied me that he has any ground in law for recovering from the bank the amount of any charges which he has paid to it," he said. What was actually said when the judge questioned you ? Also what i find strange is that the bank did not try to settle with you in court or before.

I don't understand this unless they already knew what the judge had decided. I know you don't want sympathy Kev. but justice. Keep fighting mate and don't give in.Good luck.

[Guest ChloeJane]

Hi there!

 

Please accept £20 from me too!

 

You have a great case for appeal and while my £20 would do little to go towards such a bill, I doubt you would actually have need to pay for a litigation expert and could perhaps appeal on your own.

 

The High Court is a whole different ball game. Not anything like the lower courts but do not let this put you off.

 

The Judges decisions are fundamentally flawed even on a legal basis and while I am not qualified yet, would be happy to put together and help with hours for a battle and assist with good legal arguement.

 

There is a great legal arguement there that could in fact force Lloyds hand to reveal actual costs - so would like to help if you choose to appeal and donate all the hours you would like!

 

You are welcome to all the access to my civil litigation books but do hope, that you will take this one step further, for your own beliefs not those of anybody on the site. I would respect any decision you made but you have my support in taking it through to the process.

 

CJ

[Donel261]

Blimey :o I was listed with District Judge Cooke @ Birimingham a month or so ago but thankfully Barclays settled beforehand.

 

Best of luck with the appeal, donation from here too.

[jhamb]

Just been readin through all these posts. My hearing with Nat West 4 July so like everyone else this has really rattled me! But what a brilliant offer of Martin to help you out - PLEASE take him up on this offer - Im sure you will win on appeal and in the long run it will help everyone else. Keep us posted what happens. You must be feeling low at the moment but keep up the good fight - with Martin's help YOU WILL WIN JUSTICE!!!!!! JG

[H H Hrvatski]

Kev, ABSOLUTELY UNBELIEVABLE. I wonder if this judge has thought if you can't beat them join them. His judgement is so way off the mark. Is he saying that you do not have a contract with the bank. Thus his remarks that you are not in breach of contract. As he said the following:

"Having held that the charges complained of are not charges for breach of contract but part of the price of the services provided by the bank....he has not satisfied me that he has any ground in law for recovering from the bank the amount of any charges which he has paid to it," he said. What was actually said when the judge questioned you ? Also what i find strange is that the bank did not try to settle with you in court or before.

I don't understand this unless they already knew what the judge had decided. I know you don't want sympathy Kev. but justice. Keep fighting mate and don't give in.Good luck.

 

No, the judge's argument is that there *is* a contract in place, but that it hasn't been breached - that these charges are just pre-agreed fees for the bank providing a service without having to ask first. I've posted a lot more thoughts regarding this "argument" in the other thread ("First victory to Lloyds"), if anyone can be bothered sifting through them.

[Alphageek]

Think of all of us sitting here wondering how we will get back on track without resorting to selling our bodies if we loose our cases- trust me i wouldn't make much that way!!!

 

 

I don't know, I like blondes. It might be worth a try :grin:

[plymss]

Damnit Kev, you got the first. I am just waiting for my AQ to arrive.

 

Go and get your name in lights, law books, news, tv. You could be immortalised forever as the guy whose case set a precedent.

 

But seriously, I cant see you losing at the Appeal if your defence is sound. After all, the court of appeal will be a whole lot more thorough.

 

I just keep picturing Lloyds doing the old spitting out of coffee when they heard they had won. They were expecting a loss as usual. Now they are like "what the hell, we dont have a generic form to reply to this". They are as prepared for the court of appeal as you are Kev.

 

I go with the general opinion that they will settle before appeal, especially now its on the news headlines and Mr Lewis is on the scene.

 

GL Kev , I shall be keeping a close eye here.

 

Plymss

[Josie8]

Kev

 

Just been reading another related article on BBC if you appeal the bank will still settle as if they lose in high court they will have to refund all customers so well worth taking up the offers of support and fighting on not just for yourself but for us all who have cases coming up after all no bank will go to court until your appeal is heard and settled.

 

Barry

 

p.s £20 here if a fund is set up

 

Echo your sentiments..............I'll pledge 100 to the fund becuase I think you will win at the High Court - just needs to be carefully thought out and presented and then g-d help the banks......they will have to refund every single customer without being asked - this will particularly help the more vulnerable customers who are scared of the banks calling in their loans etc if they complain............

 

Take heart.........this was only a lower court decision......it will be different when you reach the higher courts...............

[archer_66]

god i just want to say dont let them beat you down! you will win this and then youll make even more money in interviews! dont think the bank will forget about this court case though ! theyll see u appeal and hand deliver you the money!!

[Alphageek]

theyll see u appeal and hand deliver you the money!!

 

 

LOL :grin:

[Tigs33]

Echo your sentiments..............I'll pledge 100 to the fund becuase I think you will win at the High Court - just needs to be carefully thought out and presented and then g-d help the banks......they will have to refund every single customer without being asked - this will particularly help the more vulnerable customers who are scared of the banks calling in their loans etc if they complain............

 

Take heart.........this was only a lower court decision......it will be different when you reach the higher courts...............

 

I'll happily pledge £100 to the fund as well

 

Sorry to hear about the courts decision, I really hope you do appeal.

 

Good luck!!

[scott150663]

Hi Kev

 

£100 from me as well

 

Good luck

 

Scott

[BarclaysHater77]

I can tell you now as well if I should lose on 8th June I will defiantly be appealing and getting a solicitor to act on my behalf no matter what the costs

[Curlyben]

Count me in for £50

Will you take a cheque

[Bob_and_Wendy]

Hi Kev

 

We are both really sorry to hear this you must be gutted. We are due to hit our 28th day tomorrrow with our money online claim with Barclays and as yet have not had a defence so we are right behind you. We will also pledge some cash to help out as this will help everyone eventually and if we all stick together I'm sure we can beat the bullies.

hang in there;)

[irishrose]

Kev, you poor devil. I feel guilty that while your maverick judge was handing out his fantasy judgement today, a great fat wedge of wonga appeared in my bank account as settlement of my claim.

 

Most of it's already earmarked for clearing other debts but I'll keep £100 of it to put towards your fighting fund if you decide to go for the appeal. Be strong.

[photoman]

Count me in for £50

Will you take a cheque

 

PMSL !!!!

 

... seriously though, count me in also.

 

£100 pledged here too.