***Straw Poll*** Going to court

[Bookworm]

I'll go.

 

In fact, went last week. Yes, scared, nervous, etc... but funnily enough, not of losing (it was a very small case), but because it was the first case that had actually gone to court on the penalty charge issue only from here. The other hearings we've had have been case management, or partial refunds, never on the penalty charges per se. Mind you, I never expected to end up in court, never intended to either... The other side just didn't blink on time...

 

(I won, btw! )

 

Got another hearing soon. 99.9% certain that one won't get to court, though, as other side has been ordered to disclose how their charges are calculated.

[dollies01]

I have panic attacks just reading the thread!

I would send one of you brave, and brainy types in my place

lol

[neilbass]

Well done Bookworm!

Out of curiosity did they offer up a defence? ie did they attempt to justify the penalty charges (by identifying their costs etc)? And this was the Halifax?

 

Does it set a precedent now they have been to court?

 

Mine is hanging on the 8% interest - they've paid the rest into our account.

Still can't believe they'll defend in court just on the s69 8% interest.

What do you think? (less than £200 by the way and wondering if we should just accept what we've got).

[aardvark the lecturer]

Hear Hear, I'm sure you have a thread on the case bookworm, but as a moderator you have sooooo many posts it's nigh on impossible to search them to find it!

I'd love to have a read through and see what happened.

 

Update - hope you don't mind bookworm, I think I found it!

 

was it this one with 1st national motor finance?

[sapphire001]

I'm really hoping it doesn't come to it but I would if i had to, no point in going through with everything else if I'm not prepared to go all the way. Just about to read BookWorm's thread but have any of the bankds (or Halifax, to be specific) actually taken it that far? I'm hoping that their partial offers are actually an admission of guilt!

[aardvark the lecturer]

Theres no way they'll admit that though saphire!

[neilbass]

Thanks for the link Aardvark - wow Bookworm what a case!!

 

Sheer dedication on your part!

[Almoner]

Entered claim for 2000---2004 for £4081.00 +Interest of £1.302 via Moneyclaim online on 13th Oct. Court deems that order was served to Abbey on 18th Oct , giving them until 1st Nov to reply. Am now in blind panic as so much information is flashing around the website,..!(Complete virgin on P.C.!"")have bought book and Pack via C.A , but am terrified that I`ve got it all wrong , and Clever legal eagles at Abbey will sneer at amateur attempts , get it dismissed, and so I would lose (borrowed!) cost of £250 to lodge claim,...I know others are successful , but am such a pessimist, Scared?..Me?.. Too darned right! I am.Good Luck ALL,....

[lukesmum]

In my own headstrong way I would be up for the challenge of court but a little voice inside of me tells me it may not be that easy.

I would be worried for mine & my husband's jobs if it backfires as I work for the government and he's a cop. Neither employer looks kindly on dodgy finances and can put you through disciplinary action.

Not that my finances are particularly dodgy but I have gone over-overdrawn etc.

What the hell........... why should I feel intimidated? it's not me who is manipulating and breaking the law!

 

Anyway,early days for me yet. S.A.R - (Subject Access Request) was sent recorded delivery on 18th September - no response yet. I emailed them a gentle reminder yesterday which they have opened. Hope they get their finger out, I would like the dosh for Christmas.

[Cathy Walker]

Ha Ha I agree with Josamolly. But in saying that knowing my luck I will be the First person they say "see you there!!!!!!!!!!!!!"

Hand on heart I hope to God they chicken out because although I want to back down I couldn't even if I wanted too. I've gone this far and can't back out now.

On the bright side I would make the news and papers and I'm sure everyone on this sight would be behind me all the way. Think of all the publicity you would get. Might even get my 15 minutes of fame or more if I'm lucky!!! BUT I'D RATHER GET ALL MY MONEY BACK AND LIVE A QUIET LIFE.

CATHY.

[fordy]

just sent my lba letter, so now starting to get my head round all the court forms again for when i have to no doubt take the next step. im pretty sure i have the knowlege i need to do it if i need to..as for motivation, well, living hell is what they have made my life..i wish i could do more then take them to court.

 

i would love to hear them try an justify what they have taken of me, but will admit i worry about them wriggling out of it somehow, still seems a bit to good to be true.

[Josamolly]

Filed my N1 yesterday with the BIGGEST grin on my face:lol: ... done my last £120 so have to live like a pauper for the rest of the month..

 

But i have reserves around my middle to live off so i may even need a new belt when i've finished...

 

Happily go to court now i have been once with my claim.. me versus moonface Howard, bring it on baby!!

[odaowlII]

I sooooo would go to court.

 

However, I would need my own conditions;

 

A) An orchestra in the corner to play incidental music whenever things got tense

 

B) An angry, "street-smart" 'tude to take on "The Man"

 

C) A raft of paparazzo outside for me to give my wise, stirring speech to

 

D) My back-up plan: Should I run into difficulty when speaking, to launch into an impromptu rap about "Takin' mah dough from mah kiddies", that the whole room joins in with and the judge awards me the money based purely on my musical number

 

 

So yes, I will gladly see them in court

[corneiliuz]

Well i just got the letter from the courts telling me that Halifax intend to defend. I can see the court case in my head but due to the fact ive seen A Few Good Men too many times i dont think it will play out like that.

 

Im prepared to go to court, im just ****ting bricks about it.

[stephany]

Hi

Will probably have to take it all the way, and have assumed that from the start, having said that, have not researched fully, as i am trying to sell the house and go through migration to Australia as well, so seem to have a huge plate right now, oh and a claim for a car accident, groan, just want closure on something, have not been so familar with legal stuff and solicitors ever!

[kandy]

Would go to court, i haven't done all this letter writing to back out at the last minute. Would be very scared though and would be relying very heavily on this site for support. It's pointless getting so far and then backing out.

[ocharged]

I will defo go to court if thats what they want.It`s my money and I`ll fight them for it,not just for me but for my husband and kidsWhen I was about 7 months pregnant with my second child my brother gave me a cheque for one thousand pound for my baby as a gift,I put it in my account and the bank cashed it and took 504.00 of my unborn childs money I was heartbroken and demanded to see the manager,he told me it was for bank charges owed from before,my husband warned him then that we would find a way to get them back and 3 years later we did find this web site and we will take it all the way.

[hillards]

Oh I would certainly go to court - and don't even mind if it's my local one of the one directly over the road from the Halifax HQ!

Fond memories of Halifax CC in the late 70's and early 80's, doing battle with the local council over unpaid rent, which I withheld at the time due to their inability to deal with a pile of repairs required on the council house they were charging the rent for.

This time it would be me taking the action in the first place, and I know I'm in the right - so why worry about it?

[Almoner]

You`re right. It IS my money. We`ve got 6 (now adult) children , and I rememember all too well the sinking feeliing of the Abbey stamped envelope telling us on a a monthly basis that we were trying to walk in quicksand due to their escalating charges,...Today I learn that Abbey have acknowledged my claim. And ,thanks to to you encouragers, am now struggling on trying to learn all I can about what is needed now,....Thanks everyone , was about to give up ,. Not now!!!!..Time to scour the website, whilst dealing with daughters divorce,.... Leaks in ceilings, tarting up kitchen as cheaply as possible ..I have been in Court on many occasions in a professional capacity , BUT!,.. ,,,>>>>Thinking of changing name to "Rumpled of the Bailey,.." Upwards And onwards.!!! So looking forward to donating to this wonderful website , And all the useful links it provides too,...

[beano2]

No problem with going to court, have started reading already in preperation as up until now been a little behind on the whole process. Have realised :o that they will one day try to make an example of someone, so best be prepared.

[crashbandicoot]

Would definitely go to court;

Would definitely pee in my pants;

Would definitely take someone brainy to speak for me, as I know notheeeng!

[Guest Battleaxe]

Definitely prepared to go to Court, just to prove a point. I want the charges brought out in to the open and if it is to happen I hope I am the one.

 

After all what have I to lose, the banks have it all and want more> Credit rating, hah. that might get repaired with a stroke of the judicial pen.

 

Scared, yes, but it is my turn now and I intend to take it all the way

[neilbass]

Starting to look forward to it now! and I'm taking my calculator as I don't think the Halifax own one!!

[northland]

I think that Lloyds TSB will certainly defend my claim in court as I expecting them to challange jurisdiction. However I am looking forward to the challenge.

 

Tony

[Gemmen]

Like everyone else, I would prefer not too but yes I would - and given the publicity around bank charges it is becoming more and more likely that a bank may take that far!!