Bringing your case to court??

[oblong21]

There is now a sticky in the FAQs under the heading of case guidance notes with advice, this would lead me to think that a case is imminent?

 

Anyone like to share any information or thoughts on this - are we simply preparing for worst case scenario and exactly how confident are we?

[oblong21]

There is now a sticky in the FAQs under the heading of case guidance notes with advice, this would lead me to think that a case is imminent?

 

Anyone like to share any information or thoughts on this - are we simply preparing for worst case scenario and exactly how confident are we?

[leehughes]

You've lost me!!!

 

This is guidance for an individual claiming so that they have an idea along what lines to rebuff any defence from the banks should a bank decide to pursue the matter to court.

 

correct me if i am wrong...

 

Regards

[leehughes]

You've lost me!!!

 

This is guidance for an individual claiming so that they have an idea along what lines to rebuff any defence from the banks should a bank decide to pursue the matter to court.

 

correct me if i am wrong...

 

Regards

[oblong21]

You've lost me!!!

 

This is guidance for an individual claiming so that they have an idea along what lines to rebuff any defence from the banks should a bank decide to pursue the matter to court.

 

correct me if i am wrong...

 

Regards

 

Bearing in mind no case, to my knowledge, has yet to go to court as all have been settled prior to an actual hearing, are we now duly expecting a case? hence the dispensed info - if so, there must surely be more to the constant assurance of ' dont worry if it gets to court, which is highly unlikely, weve got all angles covered' than a single page of info to familiarise yourself with vs A.nother High Street Bank and their defence?

[oblong21]

You've lost me!!!

 

This is guidance for an individual claiming so that they have an idea along what lines to rebuff any defence from the banks should a bank decide to pursue the matter to court.

 

correct me if i am wrong...

 

Regards

 

Bearing in mind no case, to my knowledge, has yet to go to court as all have been settled prior to an actual hearing, are we now duly expecting a case? hence the dispensed info - if so, there must surely be more to the constant assurance of ' dont worry if it gets to court, which is highly unlikely, weve got all angles covered' than a single page of info to familiarise yourself with vs A.nother High Street Bank and their defence?

[BankFodder]

 

Bearing in mind no case, to my knowledge, has yet to go to court as all have been settled prior to an actual hearing, are we now duly expecting a case? hence the dispensed info - if so, there must surely be more to the constant assurance of ' dont worry if it gets to court, which is highly unlikely, weve got all angles covered' than a single page of info to familiarise yourself with vs A.nother High Street Bank and their defence?

 

You should not start threatening a bank or anyone else with a court action unless you assume that you will end up in court and you feel that you have a chance of winning.

 

Your post worries me because I have a sense that you are sayng that that you are acting onnly because of our assurance that either it won't go to court or if it does then WE will make dure that you will win.

I also have the impression that you are suggesting that we should be supplying you with more support than we are doing here and that we have some obligation to do so.

 

If this is not a good reading of your post then please let me know.

[BankFodder]

 

Bearing in mind no case, to my knowledge, has yet to go to court as all have been settled prior to an actual hearing, are we now duly expecting a case? hence the dispensed info - if so, there must surely be more to the constant assurance of ' dont worry if it gets to court, which is highly unlikely, weve got all angles covered' than a single page of info to familiarise yourself with vs A.nother High Street Bank and their defence?

 

You should not start threatening a bank or anyone else with a court action unless you assume that you will end up in court and you feel that you have a chance of winning.

 

Your post worries me because I have a sense that you are sayng that that you are acting onnly because of our assurance that either it won't go to court or if it does then WE will make dure that you will win.

I also have the impression that you are suggesting that we should be supplying you with more support than we are doing here and that we have some obligation to do so.

 

If this is not a good reading of your post then please let me know.

[oblong21]

 

 

 

If this is not a good reading of your post then please let me know.

 

Not really!

 

Up until this post it was widely discussed on this and other sites that the possibility of seeing a court hearing was highly unlikely, still possible of course, but highly unlikely. Now for however long the forum has been active there has been no such sticky and all of a sudden one appears - is this an indication of a move by the banks we dont know about but you are privvy to? Is it simply an oversight that such info hasnt been so visibly flagged or a response to requests? That is my point.

 

In regards to me expecting anything - not at all - any advice or help i pick up is so greatly appreciated its just that i imagined should it get to court, which i personally think will be sooner rather than later, then there would be more to it that just familiarising ourselves with such info.

 

I have read as much as i need to to fuel my committment to see my action through. If i am one to end up losing, i lose a couple of hundred pounds and some man hours. Potentially recover thousands? ill take it on.

[oblong21]

 

 

 

If this is not a good reading of your post then please let me know.

 

Not really!

 

Up until this post it was widely discussed on this and other sites that the possibility of seeing a court hearing was highly unlikely, still possible of course, but highly unlikely. Now for however long the forum has been active there has been no such sticky and all of a sudden one appears - is this an indication of a move by the banks we dont know about but you are privvy to? Is it simply an oversight that such info hasnt been so visibly flagged or a response to requests? That is my point.

 

In regards to me expecting anything - not at all - any advice or help i pick up is so greatly appreciated its just that i imagined should it get to court, which i personally think will be sooner rather than later, then there would be more to it that just familiarising ourselves with such info.

 

I have read as much as i need to to fuel my committment to see my action through. If i am one to end up losing, i lose a couple of hundred pounds and some man hours. Potentially recover thousands? ill take it on.

[BankFodder]

Not privvy to anything.

the guidance notes are stickied along with other material which is also stickied.

However, it is true to say that Some of the posts in recent days made me think that people seemed to be treatng the whle thing like a "nice little earner" yippeee etc.

 

I became concerned that some people had lost sight of what they were really doing and were just jumping on the band-wagon. A kind of Gold-rush.

I think that I was right.

 

The Case guidance notes are a real attempt to prepare people for the one where the bank decides to go to court - but also to make people a little more thoughtful about what they were taking on.

 

Frankly, I think that the Notes are pretty good, but of course you are right. You need more than that. You need to prepare your case.

 

I suppose that I will draw some flaming here but I have to say, that although a lot of people have suffered charges because they have been put there by the banks, there are others - many of them - who probably just acted irresponsibly with their money and were cavalier about their responsibilities as bank account holders.

Now I believe that the banks are acting unlawfully and regardless of the type of customer, the banks need to be brought into line.

However it would be foolish for those customrs who contributed substantially to their own problem to carry on their irresponsibility when playing with the Court process.

 

Imagine, that you lent £100 to a friend who wouldn't pay you back on time and you saw him one day using a new IPod and in the act of borrowing another £100 from someone else.

[BankFodder]

Not privvy to anything.

the guidance notes are stickied along with other material which is also stickied.

However, it is true to say that Some of the posts in recent days made me think that people seemed to be treatng the whle thing like a "nice little earner" yippeee etc.

 

I became concerned that some people had lost sight of what they were really doing and were just jumping on the band-wagon. A kind of Gold-rush.

I think that I was right.

 

The Case guidance notes are a real attempt to prepare people for the one where the bank decides to go to court - but also to make people a little more thoughtful about what they were taking on.

 

Frankly, I think that the Notes are pretty good, but of course you are right. You need more than that. You need to prepare your case.

 

I suppose that I will draw some flaming here but I have to say, that although a lot of people have suffered charges because they have been put there by the banks, there are others - many of them - who probably just acted irresponsibly with their money and were cavalier about their responsibilities as bank account holders.

Now I believe that the banks are acting unlawfully and regardless of the type of customer, the banks need to be brought into line.

However it would be foolish for those customrs who contributed substantially to their own problem to carry on their irresponsibility when playing with the Court process.

 

Imagine, that you lent £100 to a friend who wouldn't pay you back on time and you saw him one day using a new IPod and in the act of borrowing another £100 from someone else.

[oblong21]

Fair enough. Im sure you can understand why people seem alarmed, i for one am not overly concerned, i am going to see this through to fruition - if this means going to court i am absolutely ready to, i would just like to make sure im prepared if and when i get there.

 

Come on Barclays!

[oblong21]

Fair enough. Im sure you can understand why people seem alarmed, i for one am not overly concerned, i am going to see this through to fruition - if this means going to court i am absolutely ready to, i would just like to make sure im prepared if and when i get there.

 

Come on Barclays!

[Ollie1982]

I am pleased that this site has enlightened me as to what our rights are with regards to bank charges, and have sent the letter from your library section threatening court action,in a hope to scare my bank into coughing up

 

However i would like to add that I have no intention of seeing this right the way through to a court case, and am sure im not the only one. I dont have the "balls" (for want of a better word) or knowledge of my subject, or in fact the time, to be taking banks to court, for fear of being shot down.

 

Could someone please tell me, once I have sent a "moneyclaim" form, can i still back out at this stage as i really dont wanna see myself in court, or having to pay charges for wasting time etc

[stubbarama]

Why issue a summons if you have no intention of seeing it through ?

 

This isnt a get rich quick site, its campaigning for fairer banking, and changes in the way banks act. You will not help the cause.

[MondeoST24]

Court is a serious matter, what do you think this is a game?

[Russe11]

, and have sent the letter from your library section threatening court action,in a hope to scare my bank into coughing up

 

exactly the reason why they are not returning money before court action, even if they stop 1 in 10 cases being issued they are making it pay.

 

If somone threatens you with anything, generally you ignore them and walk away or fight back if you think you are right.

 

The banks walk away, turn their backs, refuse to speak to you. They do not turn around and go on the attack because they are right.

[Philip Hindley]

 

However i would like to add that I have no intention of seeing this right the way through to a court case, and am sure im not the only one. I dont have the "balls" (for want of a better word) or knowledge of my subject, or in fact the time, to be taking banks to court, for fear of being shot down.

 

If you are not prepared to see your claim through to a court case then perhaps you shouldn't be wasting your time in the first place. If you are reading this, then be certain that at some time, someone from the banks will as well.Your negative attitude would be music to their ears!

Forgive me stating the obvious, but no-one relishes spending time in a court of law, even when they are the injured party (which, don't forget, you are).

If you follow all the information given on this site, you will already be aware that the small claims court in no way corresponds to the general public's conception of a "court". There are no wigs, gowns or Jury.

You, the bank's representative (usually a solicitor) and the Registrar will be seated, quite informally around an ordinary office table without any of the paraphinalia associated with TV courtroom dramas.

Speaking from my own experience (my thread appears in the Lloyds Forum), having defended (successfully) repossession orders brought against me by the Alliance and Leicester on five separate occasions, I have found Registrars to be normal human beings, just like you and I. In fact I'm willing to bet that some of them have, on occasion, been angered by the bank's pilfering from THEIR accounts.

Always rememember that YOU are the one who has been treated wrongly

The bank has taken YOUR money illegally!

Don't stop being angry.

You have lots of support, so do not be frightened.

Let the banks be afraid.

Let the banks be VERY afraid!

 

All you have to lose is the cost of filing your claim. What you should gain is the repayment of all the penalty charges taken from you over the past six years.

 

The Law can be an Ass, but it is there to put right wrongs done to individuals like you, me and thousands of others.

 

Go for it, and Good Luck!!!

[Robert_Brenchley]

I'm having my pound of flesh off the bastards whatever it takes. They owe you that money; why forego it to save a little inconvenience? If you prepare your case properly, then in the unlikely event of it happening, you should win.

[waynus]

"Always rememember that YOU are the one who has been treated wrongly. The bank has taken YOUR money illegally!"

 

Is that not what we do when we breach our overdraft limit??? Surely, the bank have been treated unfairly by us, their customer's, when we do not manage our accounts as we agreed.

 

"The Law can be an Ass, but it is there to put right wrongs done to individuals like you, me and thousands of others."

 

In this context, we are lucky, are we not, that the banks do not have the time and effort to prosecute us for stealing their money???

[Seminole]

I think you need to read up on the definitions of breach of contract and theft. They are two entirely different things and you are confusing them!

[Philip Hindley]

 

Is that not what we do when we breach our overdraft limit??? Surely, the bank have been treated unfairly by us, their customer's, when we do not manage our accounts as we agreed

 

In this context, we are lucky, are we not, that the banks do not have the time and effort to prosecute us for stealing their money???

 

Thank you waynus for reminding me how fortunate I am, am I not.

I probably won't sleep tonight thinking how unfairly I am treating the banks.

 

Seriously, (I assume you ARE joking) your comments have already been answered far more succinctly than ever I could, by dave and dammam under the very apposite topic, "Am I stupid or just missing the point".

Thanks Guys.

[djweeble]

Do I smell a TROLL ?

[jamie parr]

i am claiming 4 2 accounts at the same time ,and admit that we r struggling with bills ect ,and keep going overdrawn,there charges r only makeing things worse! will this go against me? that i keep going over