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

[NitrousOxide]

I'm scared, what if he loses?

[PPMAN159]

Dread to think of the consequences if he does lose!!

 

If he wins he will a hero but if he loses.........

 

I understand that he is a campaigner and rightly wants to take credit but I think that him using the term 'being shafted by the banks' is a bit risky especially when there is less than a week to go before the case is heard.

 

Luckily I received an offer from Nasty Vest yesterday so I think that I will get the acceptance back to them prior to Monday-just in case the whole issue gets thrown out.

[Parkvale]

Let's chill out a bit here. It is extremely miniscule that the charges will be ruled as not penalties. As stated many times previous. Contract law is firmally entrenched within the British legal system. Nat West know this, and so do all the other financial institutions presently paying out millions in compensation. Whether the damages issue is proven is another matter. The out come of this is the really interesting part of the Brennan claim. As these penalty charge cases progress. Someone was bound to turn the heat up on the banks. That is human nature in fighting wars throughout history and their might not be people being physically injured, but alot of people have been hurt by these unlawful charges.So we are in a war of sorts against the banks. Stop panicking and whatever the outcome of Brennan's case we will adjust accordingly and continue our fight to regain what is lawfully ours.

[jules1973]

Tony,

 

I have just gone onto tom brennans website, after the 30th (give him a couple of days he says to update), he will be posting his witness statements and POC's and has given permission for anybody to copy/use them.

[MattyH]

http://www.consumeractiongroup.co.uk/forum/natwest-bank/80804-tom-brennan-natwest-must.html?highlight=Tom+brennan

[PPMAN159]

Lets just hope that he is successful.

 

Tom seems to be confident in his own abilities and I personally cannot see him losing as I find it hard to believe that the Nasty Vests can offer any form of sane defence.

 

But there is always an element of doubt on these things as this is the first case of its kind and as such there will be a lot of pressure and focus on the judge and his findings.

[mrsfoot]

I have had contact with Mr Brennan. He is very secure in his beliefs and is focussed on what this case entails. Yes he could lose everything if he loses the case, but at least he has had the backbone to stand up for what he believes, which is more than can be said for many barristers and others in his position.

 

Re the Judge, he his giving 100% to the case. After a conversation with Mr Brennan after his initial hearing on 13th April i would guess the JUdge wants to do a complete job and I feel this will be the case.

[PPMAN159]

Very encouraging news for us and not so good for Nasty Vest.

[noomill060]

Subscribing.

[c_allen]

here, here:D

[Parkvale]

[Lula]

I think that srfrench is slightly miffed that Tom si doing it as he wanted to do it and has been talking about it for ages LOL.

 

but can someone confirm to me whether this is county court or not and that this hearing is purely about damages

[Guest NATTIE]

mistermind, you didn;t qualify that in your original post so i am grateful for a clarification. The hearing is specifically on whether it is a contract dispute(NatWest argument) or punitive damages(tort I believe). That is what the hearing is about. If he wins the consequences are huge, if not, then it may drag further on. We wait in anticipation

[Mistermind]

From Wikipedia :

Mayor's and City of London Court is a County Court in London, England. It is located at Guildhall Buildings, Basinghall Street. It was created in 1922 from the Mayor's Court and the City of London Court.

Address:

 

Guildhall Buildings

Basinghall Street

London

EC2V 5AR

England

 

DX 97520 Moorgate EC2

 

Work Type

Admiralty

Civil

Trial centre

 

Contacts

 

Court Manager : Mrs C. Thickins

Listing Officer : Mr V. Cullen 020 7796 5413

Customer Service : Mrs E. McIntyre 020 7796 5400

Bailiff Manager : Mr M. Newley 07899 068882

 

Opening Times

 

Court building open :

9.30 am

Court building closed :

4.00 pm

Court counter open :

10.00 am

Court counter closed :

4.00 pm

 

[Lula]

does this mean that a precendent can be set?

 

Sorry, I have my doofus brain in tonight

[Parkvale]

County courts are not precedent setting courts. If i am wrong i stand corrected.

[Mistermind]

Surely there cannot be a precedent of you being wrong, lol.

[Lula]

Sorry, i missed the bit at the top about it being a county court - no a precedent cannot be set at county court, so whilst this may go Toms way, it doesnt mean that it would go that way for everyone

[The cobbett slayer]

County courts are not precedent setting courts. If i am wrong i stand corrected.

 

To the best of my knowledge from my days in insurance claims, precedent can only be set in the higher courts and normally in the court of appeal.

 

I say this as there are several precedents used in insurance claims that have been challenged and only accepted as case law once the court of appeal has upheld the original judgement. Ultimately, a matter cannot be considered precedent until it has been before the House of Lords which is the highest legal authority in the country.

[Mistermind]

There will SERIOUSLY be a media scrum next Monday at the Guildhall. If you could sell tickets you could make a killing.

[progenic7]

civil courts are not generaly precedent settings courts, however due to the simple fact that the whole issue of bank charges has become so big, if a DJ in a small claims court did finally get the chance to rule on this issue, then it would almost certainly make the tabloids and in a roundabout way set a huge precedent !

 

Every DJ in the land would then here about it, every reporter would want the story, the oft would make comment, the fso would make comment, any judge from that point onwards would have it in their minds from then on that a ruling has been made..and in my opinion woud follow suit each and every time.

 

precedent ?

[Lula]

point taken

[Parkvale]

Mistermind,

[The cobbett slayer]

civil courts are not generaly precedent settings courts, however due to the simple fact that the whole issue of bank charges has become so big, if a DJ in a small claims court did finally get the chance to rule on this issue, then it would almost certainly make the tabloids and in a roundabout way set a huge precedent !

 

Every DJ in the land would then here about it, every reporter would want the story, the oft would make comment, the fso would make comment, any judge from that point onwards would have it in their minds from then on that a ruling has been made..and in my opinion woud follow suit each and every time.

 

precedent ?

 

Sadly, the press don't set precedent, they simply sway public opinion.

 

If a District Judge were to rule against a bank, the bank would pay up to avoid the next part of the process.

 

In the Court of Appeal, disclosure of actual costs would without doubt be a key factor and would be ordered. That would establish without question that charges are a penalty and therefore unlawful.

[Parkvale]

Any way Cobbett slayer you set your own little precident. Whacking Cobblers into touch.