Jump to content


Has a precedent been set???


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5318 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

If there are quite a number of people (even one) who have already successfully claimed from Nationwide & other banks, has not a precedent been set.

 

I.e. if anyone in the future has to eventually end up in court to dispute thier claim, can they not claim that as there have already been a number of previously settled claims, therefor there is no reason to even dispute my/your claim?

 

I have just today sent off my LBA and am now wondering how much further I am going to have to go in order to have a successful claim?

 

Regards 'rog37'

Link to post
Share on other sites

None of the people that have "won" have won in court, they have all been settled before court stage.

 

And even if they had won in court, a precedent can't be set in Small Claims Court.

 

So the simple answer to your question is "no". (Unfortunately).

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Results/verdicts in a County Court do not set a precedent, only in a higher court, which is why District Judges have transferred some cases to the Mercantile court in an attempt to obtain a ruling and hopefully stem the tsunami of claims swamping the small claims courts. So far it hasn't worked because the banks are settling before a case is heard.

Link to post
Share on other sites

Wow! Thanks 'barracad' & Michael. I did not expect to receive an answer quite so quickly, however I do now understand the reasoning.

 

So do you really think I may never even need to attend court? BIG, BIG SMILEY :) If so, I am looking forward to a much brighter New Year!

 

Thanks again

 

'rog37'

Link to post
Share on other sites

It is very unlikely you will need to attend court.

 

Notwithstanding the above, you should still prepare as if you are going to court, just in case this happens.

  • Haha 1

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks again Micael & 'barracad'.

 

I have already prepared for my 'Court Appearance', right down to which suit to wear, plus my cloak & wig :)

 

I can see me now... I will be placing a black cloth on my head, saying "Take him down"

 

Oh well..I will hopefully be getting some much needed money either for Christmas or soon into the New Year.

 

Thanks again. There are some truly nice people here & I will be sorry when everything is over & I feel I have no further input.

 

Regards

 

Roger 'rog37'

Link to post
Share on other sites

ha ha good picture!!

 

I had full setttlement off Nationwide today every last drop full penny!!!!

 

Though Im still off to court tomoro to appply for the CCJ they applied to us to be set aside!!!!

 

Can I borrow your wig?

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

Link to post
Share on other sites
Thanks again Micael & 'barracad'.

 

I have already prepared for my 'Court Appearance', right down to which suit to wear, plus my cloak & wig :)

 

I can see me now... I will be placing a black cloth on my head, saying "Take him down"

 

Oh well..I will hopefully be getting some much needed money either for Christmas or soon into the New Year.

 

Thanks again. There are some truly nice people here & I will be sorry when everything is over & I feel I have no further input.

 

Regards

 

Roger 'rog37'

 

Roger when you have settled it is good to hang around and help the newbies wit hyou expereince :)

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

I agree 'gizmo111'. It is because of the knowledge that we all gain by other peoples experiences, that I have personally been able to come this far.

I will definately be hanging around this street corner for a long while yet.

Link to post
Share on other sites

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

Link to post
Share on other sites

 

Wow 'Allyxia' !!! Does that mean that you actually had to attend court

appearing against Nationwide?

 

I have just received my rejection letter for the LBA I sent last Tuesday.

 

I suppose I now have to wait until 14 days are up from sending that letter before I issue the summons? Is that right?:?

 

Many congratulations

Link to post
Share on other sites

yep but as predicted Natiownide didnt turn up - they got 14 days to stop the set aside judgement, but as I havent notified the court yet of their settlement I somehow dont think they will oppose do you!!!

 

Spo yes I did go to court very scary but what a trip when I won!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...