Tom Brennan v NatWest - This is a must-read!!!

[PPMAN159]

Agreed and I have said on another thread Tom is either very confident or extremely foolish.

 

I still feel that if Nasty Vest fel that they can justify the charges, which is not the sole issue with Toms case, then why have they not do so up to now?

[PKea]

How much would Natwest pay to end this case with a Confidentiality clause?

Everyone has a price, I hope Tom will continue in his beliefs and carry on.

[PPMAN159]

If as MisterMind has said Tom has only recently qualified and as such must be short of the readies and if Nasty Vest offer him a vast sum of cash then would he be tempted to accept it?

 

Whichever way it goes on the 30th someone is going to be leaving court with a bloody nose.

[The cobbett slayer]

How much would Natwest pay to end this case with a Confidentiality clause?

Everyone has a price, I hope Tom will continue in his beliefs and carry on.

 

I think we're into blank cheque territory there.

 

At the end of the day, Natwest is responsible to it's shareholders. How long before they rebel over the cost of unnecessarily defending these claims?

[PPMAN159]

What would be good would be to get the question asked at the RBS/Nasty Vest AGM-that would make interesting viewing.

[PKea]

At the end of the day, Natwest is responsible to it's shareholders. How long before they rebel over the cost of unnecessarily defending these claims?

 

I have thought this all along, it costs them to drag it out to court rather than settle at the beginning.

I suppose until the balance swings that more people go all the way than setle early this parctice will continue

[PPMAN159]

Also at this late stage Nasty Vest cannot be seen to back down.

 

As such I feel they will keep fighting each case, no matter how small

[Mistermind]

It is too late for NatWest, what Tom discovered cannot now be undiscovered. If NatWest were to outdo the Abbey in placating Stephen with fivefold payment, the whole world will deduce what has happened, confidentiality clause or not.

 

If one litigant bows out, a hundred can take his place. The idea of uncovering unlawful charges by suing for exemplary damages cannot be patented.

[The cobbett slayer]

If you read my thread, I have made it very clear that what I got was a buy off. There was no mathematical basis to the settlement. It was a calculated risk on Natwests part. Had I refused they would have had to disclose or ask a judge to consider the offer as reasonable and enforce it. Neither of us could take the risk of pushing it any further.

 

I should also reiterate that I am totally against the idea of exemplary damages in bank charges cases. Once you have the money back with interest you have suffered no loss.

[Mistermind]

Paul, a short pause as I read the 440 posts, lol.

[choco]

Just noticed this and its very interesting, I havent actually read Tom's original thread and i've had to skim this, so can someone tell me why he got 4k when his claim was actually for 2.5k?

 

This can go 2 ways, somewhere someone said it could cause the government to implement a new clause because of this, which is true but @ the same time if he wins....

[pward33]

I should also reiterate that I am totally against the idea of exemplary damages in bank charges cases. Once you have the money back with interest you have suffered no loss.

 

exemplary damages are not designed to compensate for loss; they are punative and designed to "punish" the wrongdoer.

[Mistermind]

90 minutes, and I have caught up with all postings on Paul's 8-month war with NatWest, ending in £17K victory. With so much time, effort, risk and emotion invested in the fight celebrations are well merited, very well done to Paul and Mrs for the staying power and for sidestepping traps.

 

Has anyone kept a diary of the man-hours invested in tussles with bankers and lawyers? Hours spent fighting the Dark Side are hours taken away from other activities. Sure, great victories have been won, but at great cost. I am not sure an objective audit would conclude "Once you have the money back with interest you have suffered no loss."

 

If I had spent 8 months in an all-engrossing tussle then won £17K, I would have made a loss on the deal. Questionable if I can afford such a win.

 

Twelve months after the OFT pronouncement of 5th April 2006, how goes the war? Are banks winning, or are claimants winning? Less than 1% of unlawful charges have been refunded in 12 months. Unless Tom Brennan wins a watershed victory for the public, 100,000 separate tug-of-wars will continue indefinitely the same way they have done for 12 months. A penetrating analysis of the Dark Side's War Plan is quoted below.

 

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/42507-cprs-time-delays.html

 

The courts are ultra conservative and always will be. You file for a judgement; they file for a set aside. You obtain a judgement and file for a warrant of execution; they file for a stay of execution.

 

You have to play the long game, civil law is very civilised and breaching an order like this will not mean a great deal, Cobbetts know this which is why they do it with impunity.

 

Exercise patience, do not get emotionally involved and keep playing the game. Nat West have the money, they can afford this, but they can also afford to tie you up in court until you get bored if they so wish - and if it did not go their way and it looked like they might lose, they'd pay up and not feel a thing.

[Sparkie1723]

I believe that exemplary damages should be awarded for the very actions pward 33 states ....to punish the wrongdoer.....it is abundantly clear that the Banks have been "doing wrongs" for a considerable amount of time by making these excessive charges ....but if the they were punished for it they would think again. if tey were punished financially for them they would quit very fast because the shareholders would not like their return in their investmenst hit.

Sparkie1723

[progenic7]

also on the point of damages and who and what has been lost, well i can ony speak for myself but at the time the halifax and MBNA together decided to make my life a misery it brought me to my knees, and to be honest i lost alot more than anyone would ever know. (and dont want to dwell on right now TBH)

 

but i dont think the court would be able to repay me for what was cused as a direct result of what they did.

 

IMHO

[Parkvale]

Exemplary damages. Nat West ruined my business, my marriage and my life. Where would i start ? My business was decimated in the Foot and Mouth epidemic. We pumped thousands and thousands of pounds to pay their charges and keep afloat.

All i can say is if this guy Brennan,( whatever his motiffs are.) can just scare the pants off Nat West and force them into a corner. He's alright by me.

[Mistermind]

Parkvale,

 

Shylock Bank did all this while wearing the righteous cloak of the law.

 

Their six-figure-salaried lawyers will have known for decades they were quietly getting away with the unlawful, and on this very day openly getting away with the unlawful.

 

A chapter in the history of this green and pleasant land that needs to be cleansed.

 

 

[PPMAN159]

Well said Parkvale-it looks like the gravey train is heading towards the bumpers at an ever increasing rate

[Parkvale]

They are reaping what they have sowed. You are quite right my freind.

PPman you are also spot - on.

[crfx250]

For those (and me included) who were wondering why this case is reported to hold such significance if successfull, when it's being heard in the lowly non-precedent setting county court, here's how the lad himself see's it:

 

''Given the number of issues in this case, the detail of evidence, and the importance of the case, it is likely to moved onto the multi-track, so it may well be listed in the High Court. In any event, a ruling on the lawfulness of the charges by a judge is binding until it is over-turned. This case will probably go to appeal, and I wouldn’t be surprised if the Court of Appeal or the House of Lords eventually ruled on it.''

[sortingitout]

I hope he wins, have my money here for him if he doesnt.

 

Does he know about this website?

[zootscoot]

Considering he has a link to it on his website I would say yes

[sortingitout]

Whats his site address?

[sortingitout]

Also he said..

 

Speaking after the session, Mr Brennan said he was "massively disappointed".

He added: "It should be noted that any delay is going to assist the defendants because only six years of charges can be made.

He wants to come on and have a read of this thread

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=22&a=80

 

:)

[Guest bong]

If anyone's seen the latest update on Tom Brennan's web page today www.tombrennan.co.uk he has said that if the judge allows his case to proceed on 30/4 he will be posting up his POC and witness statement on his site!