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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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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?

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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!!!

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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....

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

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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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

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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!

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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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 :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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"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.

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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.

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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?

 

 

.

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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!

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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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

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

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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.. 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...

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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.

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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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

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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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.

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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