PM Vs Bank of Ireland

[mcvey123]

Thanks!! Let's hope that all goes in my favour...

[carriexs87]

Hi

 

Can you let me know what happens ie if they have filed a defence or whatever, because I am going to court with them in April and it would be useful to know the outcome. Thanks

[big aid]

i had the same situation with first trust and was informed by the court that

1 they have until midnight on the reply date and this can be done by fax

 

2 the court can have a backlog of disputes to be logged onto their system. the court rules say that they have 5 working days to clear any backlog

 

3 their is also something about a return date on a weekend, they will accept first post on monday

 

i applied for a default decree, and the dispute was on 2 days later. my default application was returned

[mcvey123]

Well big surprise, just received a letter from the courts today saying that it has been disputed by the Bank of Ireland and that the hearing will be on 5th January 2007 at the local courthouse.

 

So any advice from anyone who has been to court against them would be welcomed. Do they actually get to court or settle outside it?

 

or any advice from anyone who has been to court against any bank and won............... It would be greatle appreciated.

 

In the same post today, I've just received a cheque from Capital One for £1122.12 who settled outside court, and last month received £702 from Abbey who also disputed but settled outside at the last minute. Why can't the bank of ireland follow suite? Surely the same rules apply?

 

Thanks

[carriexs87]

Well big surprise, just received a letter from the courts today saying that it has been disputed by the Bank of Ireland and that the hearing will be on 5th January 2007 at the local courthouse.

 

So any advice from anyone who has been to court against them would be welcomed. Do they actually get to court or settle outside it?

 

or any advice from anyone who has been to court against any bank and won............... It would be greatle appreciated.

 

In the same post today, I've just received a cheque from Capital One for £1122.12 who settled outside court, and last month received £702 from Abbey who also disputed but settled outside at the last minute. Why can't the bank of ireland follow suite? Surely the same rules apply?

 

Thanks

 

I'm sure they will adjourn it. Mine has been adjourned until 16 April, and BOI have to have all papers filed by 1 April. PMcMurrough is also going same day as me - he was adjourned as well. Let me know how you get on, if they don't show up or they settle it will help my case. They offered me a settlement of one quarter of what I was suing for, which is 600, needless to say I told them to get lost.

[carriexs87]

Well big surprise, just received a letter from the courts today saying that it has been disputed by the Bank of Ireland and that the hearing will be on 5th January 2007 at the local courthouse.

 

So any advice from anyone who has been to court against them would be welcomed. Do they actually get to court or settle outside it?

 

or any advice from anyone who has been to court against any bank and won............... It would be greatle appreciated.

 

In the same post today, I've just received a cheque from Capital One for £1122.12 who settled outside court, and last month received £702 from Abbey who also disputed but settled outside at the last minute. Why can't the bank of ireland follow suite? Surely the same rules apply?

 

Thanks

 

Sorry, also if you go to the NI consumer council website they can help, their address is : General Consumer Council for Northern Ireland : Homepage Consumer Advice, Information, help from the Consumer Council in Northern Ireland and try to speak to Alison Laird - she was very helpful at giving me hints and letters to write, useful snippets of information and she even went to court with me on the day. Hope this helps!! Good luck

[LordPringle]

Good luck with your case, I am very interested to see how it turns out. I really can't see how BOI intends to back their charges up though. Give em hell!

[mcvey123]

Good luck. I too have claimed against them and have the first date set in magherafelt courthouse on 5-01-07.

 

They are likely to ask for an adjournment like they have with you, and so if my judge refuses it (unlikely I know) I will let you know.

 

If they settle in full (unlikely) I will also let you know........

[buzby]

I think you are in a good position to ask the Judge to reject any additional attempts by BoI for a delay, the tactic is to state you are being seriously disadvantaged by their continuing ploys to escape meeting you in court, and to ask the judge that any extension the court feels fit to allow the defender, should be the last.

[garbage]

Is there a link available explaining the law in NI?

Or can someone explain can we only claim back for the last 6 years or is there a different time limit in NI? Also can you make two claims against one bank (BOI) if your charges have exceeded £2000?

Any help greatly appreciated.

 

Garbage

[buzby]

A good guide is the Courts website: Northern Ireland Court Service

 

I think the statute of limitations is 5 years, but it may have changed. As for 'splitting' your claim, there is an argument that your first claim will be settled as 'full and final' effectively barring your from a similar action for the same complaint. Since you heg the higher costs back if you take the correct track, there's little point painting yoiurself into a corner!

[mcvey123]

Does this rules about splitting the claim also apply if they settle out of court? What if you have claimed for separate years?

[buzby]

Yes, if they settle your action without going to court, any payment they make invariably require 3 things, 1) No liability, 2) No Disclosure and 3) Settlement is in full and final of all claims. You can certainly sue them for a different matter, but if it is again for charges with a different date range, they'll try (and probably succeed) in getting the action dismissed.

[colinc1981]

iam having problems getting my money back off BOI iam claiming £2655 and they offererd me just £51

 

there hard work , ive just send an L.B.A

[mcvey123]

Yes, if they settle your action without going to court, any payment they make invariably require 3 things, 1) No liability, 2) No Disclosure and 3) Settlement is in full and final of all claims. You can certainly sue them for a different matter, but if it is again for charges with a different date range, they'll try (and probably succeed) in getting the action dismissed.

 

The abbey have settled two claims out of court for me that i split in two from the same bank account. I knew there was a risk but pursued it anyway, and I am glad because it paid off!

[fiford]

I'm thinking of waiting until April 16 - the big court day - before sending BoI a LBA. Not sure what to do. I hate dealing with them.

fiford

[xlr8r_y2k]

hi guys, just wondering if the BOI has come up with the good yet in that they have submitted the 'full disclosure' evidence as ordered by the Judge for the 1st of April, they'll have to get it in soon if they have anything that is.

 

oh and did you see the OFT have now put back the bank charges report to 'the end of the year'!!!!! The Office of Fair Trading: OFT announces 'quick fix' on bank charges will disadvantage consumers

[pmcmurrough]

They did not send any further documents, apart from a copy of the statement from the OFT saying that the report will be delayed.

[will77]

hey pmc what court will you be in on monday?

[jackster77]

hey there just wanted to wish you good luck for Monday

I am waiting on three statements only, due to arrive within the next 3 days - so will be reading your thread again very carefully befoe I start going through the motions to get my charges back

 

Wonder if u'll have to sign a confidentiallity agreement:confused:

[will77]

i just called the solicitor representing first trust next week. he intends making an application to delay the case until the oft report. he asked me if i would oppose such a motion. it told him about this case and that i expected it would be heard on monday and i would use the outcome to decide if i would oppose the motion but i expect to wim and 8% interest will accrue all the time it is delayed. he told me he is very familiar with the BOI case on monday and that they are watching too to see what happens.

[buzby]

Just for clarification, isn't First Trust actually owned by Allied Irish Bank (AIB)?

[will77]

i believe they are

[buzby]

Ah - it was the Subject line that confused me!

[pmcmurrough]

Quick Update:

The BOI as expected asked for an adjournment pending the delayed OFT report. I objected of course, (that would have brought my case to 2 years in court), the judge however seemed set on hearing the case today and so rejected the request for adjournment. We took a 15 minute break during which the bank's solicitor phoned for instructions. She was instructed not to defend the claim. They settled in full. There were no conditions so I accepted.

One interesting thing came up during the the adjournment agruement. The judge asked the solicitor if the bank used default charges to subsidise other parts of the business. She admitted that they did. This was something I wanted to press during the actual trial but of course never got the chance. But I feel that this amounts to an admission that the charges are profit making.