Beckett v Lloyds TSB - Going Back More than 6 Years

[fzrkitten]

Hiya, I'm friday too! Let's hope we both actually get there eh? Which part of the country are you?

 

I can't share experiences but would be interested in others too. Know olliebollie did well, and someone posted that ace story about the whole afternoon in court.

 

I keep getting told to imagine the judge naked - ew!

 

Fzrkitten.

[TBeckett100]

if anyone has the link to the court story, please post it!

[TBeckett100]

Just thinking about Friday, if the bank has been told they cannot have stay and they have written again, is there an actual due process they must follow, i.e, lodge a formal application to overturn his decision. just thinking that sitting there on friday, it may be good for me to have a legal clause to state that no cheque and form means no stay and turning up for a third time wont wash,.

[Castlebest]

If the Judge has refused to grant a stay the bank will have to come up with some new reason why he should change his mind, you have proved your case should be heard once and the Judge agreed.

 

I think unless they are very careful they could be seen to be in direct breach of their duties under the FSA waiver.

 

pete

[Castlebest]

There's this one

 

http://www.consumeractiongroup.co.uk/forum/general/107377-report-entertaining-afternoon-kingston.html

 

and this one

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/94703-hdr-hsbc.html

 

pete

[GuidoT]

This should help:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

[GuidoT]

These may help:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html

[nicsussex]

Yet another thread started on this case - am I wasting my time suggesting that you stick to just the one?

[TBeckett100]

gizmo, i have sent you my skelton arguments if you have 10 mins to have a look. i feel a confident now i am armed

[gizmo111]

gizmo, i have sent you my skelton arguments if you have 10 mins to have a look. i feel a confident now i am armed

 

I'll have alook tomorrow - I am on laptop at moment with no access to e=mail

[caro]

Threads merged. Please keep your progress and questions on one thread as it helps others to advise.

[TBeckett100]

thats Gizmo and caro for spoting the "hunt the beckett thread".

 

I hope my cat goes into hiding because if my claim is stayed on Friday then i may have to kick something.

 

also on another forum someone said i could get the stay request defended by the following:

 

As I understand the OFT case it is on the principle of whether the UTCCR applies and in particular whether the requirement of fairness applies to bank charges. Accordingly, the length of the period you are claiming for is immaterial for the purposes of the test case. However, and this argument has not as far as I know been deployed yet, as it is only dealing with the question of whether the UTCCR applies and does not deal with the question of whether the actual charge is fair or if it is a penalty it does not deal with all the issues but only deals with one of the issues. It therefore can be argued that a stay should not be granted as regardless of the answer to the question in the OFT case a trial would still be needed to answer the factual question of whether the charge is a penalty and if it is fair neither of these questions are directly in question in the OFT case.

[fzrkitten]

Hi,

 

check the last page of my thread for advice from gary, similar to what you have said above. Also there is the stays and removal thread on there.

 

Regards,

 

Fzrkitten.

[TBeckett100]

some posts are stating rh circuit judges are staying cases where claimants arrive at court to be told their case has been stayed. i ahve checked the courts covered by the thames valley and the majority are reviewing ona case by case bases so fingers crossed

[TBeckett100]

OFT files details of case against unauthorised overdraft charges

 

126/07 31 August 2007

The OFT has today filed particulars of claim at the High Court on the application of the law in respect of unauthorised overdraft charges, and these documents will be available on the OFT website next week after they have been served on the other parties. The documents relate to the question of whether the fairness test in the Unfair Terms in Consumer Contract Regulations (UTCCRs) applies to the relevant charges.

The OFT is continuing its financial investigation to determine whether or not unauthorised overdraft charges are fair, based on its view that the fairness test does apply to them. This investigation is due to be completed by the end of the year.

The banks take the view that the charges are not covered by the fairness test in the UTCCRs and the court case at the beginning of 2008 is designed to test this point of law. It will not lead to a judgment as to whether the charges themselves are fair or not. The OFT will decide after the initial judgment what steps to take should it win the test case and conclude from its financial investigation that any of the charges are unfair. The OFT will publish its market study on the current account market in December 2007.

[Rachel*H]

Hi Tbeckett,

 

Please can you tell me where you got your list of settled cases from that you refer to in your letter to the judge objecting to LLoyds request for a stay??

 

Got to send my letter today & i can't find them, any help gratefully appreciated!

 

Thanks

Rachel

[TBeckett100]

can someone help, i cant remember where they are either.

[caro]

They're in the Litigation section

[TBeckett100]

well you may recall i wrote to the court stating SC&M failed to file anything - received a letter from courts back office stating they may not wish to file anything anyway and if they want to present something at court the judge will consider it.

 

the court might as well give the banks what they want, i am becoming very disheartened with the system

[TBeckett100]

sorry nicsussex but tomorrow is my deadline for the court and i need to reach the masses quickly!!

 

if anyone wishes to have a look at my argument, please pm. i need an critique!

[TBeckett100]

only 2 hours to go, i am listed with 10 other cases!

[Slimpickings]

Good Luck to you, let us know how you get on, everything crossed !!

[Guest deep]

Good Luck

 

Regards

 

Dee

[hudu]

Sending positive thoughts your way for today. All the best.

[TBeckett100]

stayed, he made his mind up before we got in, directions from above. lloyds guy was nice enough, sensing i was a man of many words judge saw my case at the end and we spent over an hour on it. he even got his law books out bless.

 

disappointed not gutted, glad its over to be honest