in court tomorrow - any advice?

[mcvey123]

I have a claim against the bank of Ireland who do not seem to be taking it all very seriously.

 

They have said that there is no legal ruling that charges over £12 are illegal and basically it is too bad etc etc.

 

I have given them a further 14 days to reply before I take them to court.

 

Has anyone had any luck from them?

[big aid]

if you search for a thread started by pmcmurrogh, he is very advanced with BOI,

[lickthewallfatboy]

they seem to think we're all coming down the Bann in a bubble over here,don't they?

[mcvey123]

Yep, well they may think again.....

[pmcmurrough]

Hi there,

As Big Aid has said check out my thread it gives the details but in summary I seem to be the furthest along in terms of BOI. I started my claim way back in Feb, it was listed for June then rescheduled for Sept. So went to court in Sept and they turned up with a full team. They asked for a Stay pending test cases in England and the second statement by the OFT. I objected to the stay on a number of grounds (which seemed to take them by surprise - think they were expecting me to just accept it and that would be it posponed indefinately).

I objected stating that there was no gaurantee that there would be a test case as over 300 cases have been settled out of court and none had been heard in full. Also that the first statement of the OFT was to Read Across to all financial institutions and that the OFT had not given a date for publishing a second statement and that the first took 2 years.

The judge agreed with me but did adjourn until Nov 21st but said that if no settlement is reached he will hear the case and if needs be it would be the test case (so there is great interest in this one).

I can't find anyone else who has been to court with the BOI please let me know if you know anyone who has.

As for them taking it seriously, perhaps they hadn't up until my day in court as they came with alot of documentation ( over 100 pages - most of which was irrelivant - full statement of my account etc) but they had not supplied me with a copy of any of it (which i complained about) but they didn't seem to be ready to actually defend the claim - i wish they had have.

 

Since the court case I sent them a letter offering to alter my claim to only those charges which exceed the actual cost to the bank for the offences (i would imagine that to be all of them) if they will supply me with a detailed and itemised breakdown of their actual costs. Copied this to the court too. No reply of course.

[mcvey123]

I'm in court tomorrow morning against the bank of Ireland. Nervewrecking!

 

Has anyone got any helpful advice?

 

thanks

[eratu13]

Good luck, you probably wont need it as they may well settle tomorrow.I have heard of other people having cases settled 15 mins before hearings .Hold your nerve and read and reread your case so you will be prepared also check with corthouse all is going ahead and get name of the judge presiding as my case was adjourned with very little notice only advised today and was supposed to be in court on monday.

 

Barry

[ukaviator]

Hi Mcvey

 

Do you have your court bundle printed off ready?.

 

Uk

[mcvey123]

Yes I do so I think I am all set

[Bookworm]

2 threads merged to help keeping track of your story.

 

Good luck with your case today!

[livelylad]

Best of luck today.

[brightonrock]

definitely best of luck mcvey...

[dolly]

Got everything crossed for you.

[mcvey123]

Hi there

 

The bank of ireland (surprise surprise) requested an adjournment pending the oft report - just like the other BoI claimants.

 

As it happens, the court bundle didn't even get opened and I was lucky if I was in there for more than 5 mins! All the nerves for nothing!

 

Thanks for all your support anyhow, now it's a waiting game.

 

However doing ok though! ....

 

Capital one settled in full £1122.12

Black Horse settled in full: £419.68

Abbey National claim 1 settled in full: £1720

Abbey National claim 2 pending: £2955

Bank of Ireland pending: £1685.71

Aktiv Kapital: still not able to get the slippery eels to remove defaults from record!

[TUTTSI]

Hi there

 

The bank of ireland (surprise surprise) requested an adjournment pending the oft report - just like the other BoI claimants.

 

As it happens, the court bundle didn't even get opened and I was lucky if I was in there for more than 5 mins! All the nerves for nothing!

 

Thanks for all your support anyhow, now it's a waiting game.

 

However doing ok though! ....

 

Capital one settled in full £1122.12

 

Black Horse settled in full: £419.68

 

Abbey National claim 1 settled in full: £1720

 

Abbey National claim 2 pending: £2955

 

Bank of Ireland pending: £1685.71

 

Aktiv Kapital: still not able to get the slippery eels to remove defaults from record!

 

So what do you think they will do now - the obvious is for them to pay UP altogether and not waste valuable court time.

[noomill060]

I wonder what they expect the OFT to say?

 

The law is clear- charges must reflect the cost to the banks. End of.

 

Whatever the OFT finally come up with isnt going to change anything.

[stan5131]

I read a thread where the BOI turned up with full legal team AND disclosure of costs that amounted to £12. They showed their breakdown to the judge in private and he accepted their costings. As they had already paid the claimant the difference between the £12 and the charge, BOI won. I am trying for life of me to remember who it was. Will have a scout round and see. One thing I do know is that it was in Ireland.

[barracad]

I think you mean lickthewallfatboy v Citi, not BoI.

 

And they didn't win.

[noomill060]

Northern Ireland or Irish Republic?

 

NI is UK

[noomill060]

lickthewallfatguy v citi sounded really very dodgy. The judge fkd it up. Its going to appeal, I believe.

[stan5131]

I just know it was in Ireland. Was lickthewallfatboy in Ireland?

[stan5131]

Barracad.... the last post I read was something like the judge accepted their disclosure of costs as being £12 per item. Has something else happened since?

[barracad]

Yes. Northern Ireland.

[noomill060]

I believe so.

 

However, if Citi had been succesful every other bank would be jumping on the same band wagon and fighting tooth and nail, instead of meekly coughing up after being given a few good prods with a sharp sticks.

[barracad]

Barracad.... the last post I read was something like the judge accepted their disclosure of costs as being £12 per item. Has something else happened since?

 

Well they didn't win then did they?!

 

If they charged £30 (or however much they charge) and the judge ordered that the actual cost was £12 then that means they lost because the judge agreed that the original charge was wrong. (Even though the £12 is a ridiculously high figure).