***Straw Poll*** Going to court

[aardvark the lecturer]

Hi all,

 

just a quick question......

 

Please post here with whether or not you would take a bank all the way to a court room or not.

 

I wonder how many of us have become nonchalant and are relying on a settlement, instead of being fully ready and aware of the court proceedings?

[bearo]

ok so I will gladly hold my hand up and admit that I havent looked in detail into what happens if this did go all the way to court, meaning i havent printed out the material and researched like I would need to, doesn't mean that I wouldn't be prepared to go all the way though...I would relish it I think, I have a mouth and I would love to put it to some good use lol!!!

[aardvark the lecturer]

Oh, by the way,

 

I'm starting to get prepared now in case it comes to it,

 

but,

 

would be very nervous of going all the way.

[dj0586]

me too, i would love it to go to court and have Mr Halifax explain why it does cost £30 for their computer to realise my account is short.

[embo]

Same as post above really....

 

Havent looked into it yet and done my research although, definatley would take some time out and learn all i needed to then go all the way to the court room if necessary.

 

Touch wood I wont have to though....

[Brad Smith]

was expecting to go to court, but hoping that it wouldn't

[dayglo]

I like arguing. I am only frightened of heights and snakes.

I'd buy a new suit, brush up on my oratory and let the world hear me roar for my arms are like branches.

 

"I have no data yet. It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suit theories instead of theories to suit facts." Sir Arthur Conan Doyle

[neilbass]

My wife wants a new suit for court!

 

I have been preparing for court since the start, as that after all is what we are doing - taking them to court.

 

Hopefully won't happen though - what I really want is our money back!

[aardvark the lecturer]

I like arguing. I am only frightened of heights and snakes.

I'd buy a new suit, brush up on my oratory and let the world hear me roar for my arms are like branches.

 

PMSL........

 

Nice one Dayglo.

[purplerain]

Me personally, with the Halifax would just like it settled ASAP, but I am also claiming back charges from the Lloyds TSB and if that goes to court then I would happily stand up and state my case, it feels more personal against them. They made my life hell.

The Bank That Likes To Say YES (MY A*@*)

Purple X

[Keith Phillips]

"In the future everyone will be famous for 15 minutes" Andy Warhol I believe.

 

Too right I'd have gone to court, with every national newspaper, every news channel and probably a large number of placard carrying protesters outside.

 

Remember they are the defendant, they are on trial - not you - and they have to prove that those charges are fair etc etc (arf, arf). How you conducted your account is not relevant, you are not on trial.

Having said all that, so far no Bank seems to have gone to court to fight a claim and I don't believe they will. They know that the days of punative charging are coming to an end and probably within a year, maybe less, something else will replace their current charging system. In the meantime they will keep trying to put us off going all the way to court but when we call their bluff, they will pay up. The total amount refunded so far hasn't really scratched the surface of the money they make from the charges and it probably never will. Unless we all keep spreading the word to everyone that will listen and take action.

 

"Power to the People!" Citizen Smith I think you'll find.

[evanesco]

I would, without a doubt!! I'd do loads of reading from here so I knew my stuff first. I've been on benefits when they've taken my money without a second thought. I've been into the branch begging and pleading.

Courts don't scare me and today I went to see a very nice judge who has written off the administration order I've been paying for the past 4 years.

I'd like him to be the judge I would have to have. He was unconcerned with my current personal circumstances (I'm in a finacial position to repay the debts owed on the order) only that if I'd declared my self bankrupt at the time the order was granted I would now be clear of it. He said he couldn't see why, now that the law regarding bankruptcy has charged I should have to continue paying.

Great!! I thought I was goig in for a percentage order being made, and left with my name clear. The judgements that were made on the order should now dissappear from my credit file. Meaning I can now look into buying a home.

On a more personal note, I don't think credit should be offered to anyone uner 21, and it should be based on income. I was landed in loads of debt at 18, despite the fact my only income was £45 a week. Granted, I should have been more financially savvy, but at 18 I don't think many people are, and credit is just thrown at you.

 

Evan.

[Guest bluecloud]

As a student starting my second year of law it would certainly make an interesting subject for a dissertation - people power and the abuse of law by trusted organisations. I would absolutley love to go to court, not because the inevitable victory would turn me in to a real-life "Rainmaker" but because I think that it would finally mean the end of ridiculous profits made by the unethical actions of any bank. Last year the Halifax made a pre-tax profit of over £4.58 billions. £4,580,000,000. That works out at more than £150 for every second of every day of the year. We all know that it doesn't cost £39 to return a standing order unpaid or £50 to inform me that I'm over my overdraft limit; but as long as the banks can get away with charging such punitive penalties they will do. I don't even think that the banks will consider lowering their charges until one of them ends up in court. Although CAG and other groups are growing in size daily, there are still plenty of people that haven't heard about the ability to reclaim their charges. My sister-in-law runs a successful business in south London and had never heard anything. I have plenty of friends and fellow students that have all been absolutely nailed for bank charges and thanks to my experiences they too will soon be reclaiming charges. Everyone needs a bank account these days and so the market is ripe for exploitation.

 

So I would absolutely love to go all the way. I'm sure that there are plenty of experienced Barristers maybe even a few QCs that would speak for me in court that have been hit for charges in their student day. Solicitors too. The publicity alone would probably guarantee that any of my legal costs were covered from start to finish. The final judgment of any court case wouldn't be limited to consequences in the UK either. Nearly every bank in this country is linked to another abroad, particularly in the EU so the reprecussions would be enormous. Can any bank afford to lose so much?

 

 

.

[bobtheb]

would go/would be worried!!

[RG001]

I definately would go all the way, however, as many have said, I haven't done the research that would be needed, but I would do it if it came to it. That doesn't mean I wouldn't be scared, I would be petrified! But yes, I would definately go all the way!

[oliver732]

would go but like most would be worried!!!

[Josamolly]

kacking me pants to be honest, but ready to fight Howard all the way... and his glasses.

[smithy.72]

I admit at the moment I'm buzzing with excitement taking on the might of a bank. If it came to actually going to court that would be scary, but it wouldn't stop me what have I got to lose they have already got my money I'm just trying toget it back.

 

Might get my face on the telly though now that is scary:D

[neilbass]

LOL Josamolly!!! think you've summed it up there! :lol:

[Josamolly]

.. Would love to be the first to stand up to these faceless numpties in court and win!!! how cool knocking that cheesy smile of Howards face, he wouldn't bloody sing then...

 

Might even get on Anglia TV news, after the 6 fingered farmer from Diss and his singing cat...

[nigel1804]

One question mi Lord,In my case here today,if I'm not right to be refunded my charges then why has the bank already paid me out of court settlement of £8,500 for the exact same particulars of claim, and why have the bank paid out thousands of other people millions of £'s in refunds,can the bank explain why they have done this? Oh and why does it cost you £39 to send an automated letter from drive P especially as I'm on their paper free banking?????????? I wouldn't be frightened,Stand tall you lot this web sites behind you,to me out of court settlements mean the deendant is guilty.

[Aaronsdad]

Will gladly fly the 600 miles to the court nearest my branch!

Once sued my builders by myself, you could hear my knees knocking miles away, but I won!

Reading through threads there are people who have been to court. Someone about mercantile law, if memory serves.

It's not difficult and the court staff help you all the way. On procedure only, NOT points of law.

Do your homework, stand up, speak up and sit down and you'll be fine!

Worked for me!

A D

[aardvark the lecturer]

......Might even get on Anglia TV news, after the 6 fingered farmer from Diss and his singing cat...

 

Steady on there.......nothing gets on Anglia ahead of the farmer and cat, nothing I tell you.

[nigel1804]

When you win you want pounds sterling not carrots and tattes.lololol

[gbzstro]

I would go to court and it would not phase me at all - I am just after the repayment of MY money and if this means that I have to argue my case then so be it.