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

[Guest NATTIE]

The issue is not on defending charges but the level of compensation from my reading of this. OFT do not make law so they have no real input into the eqaution.

[cleanslate]

also i think we should have uk collection fund for this man if he lost this would pay his fees / but he will not lose then all the funds what ever it is goes to charities. just a idea i put in £20 he is asking for the bank to show the true cost of returned d/d cheques etc

[BreezyDay]

My gut feeling says the issue is really to do with the issue of compensation and not the costs involved. I am sure if this was an area which you could have gone down that it would have been done before. Wait and see i guess

 

 

Or maybe as he said in the radio interview, he is pursuing it for the principle (and for other people in this situation) and in rejecting the offer and arguing exemplary damages, he will attempt to force the bank to disclose their charges.

[Guest bong]

wonder if we could get a hold of a copy of his POC. I seem to recall reading somewhere that documents are available for public viewing at the court.

[Glenn UK]

On the contrarie Nattie, the claimant would appear to be asking the courts to rule on the lawfulness of the charges.

 

So it could be about charges, we will have to wait and see.

 

Glenn

[fendyweather]

ooooooooh exciting then................. lets wait and see. I see feel for the lovely man whose doing this. He must be fair old poopying his drawers at the moment, whilst also being a very brave individual. I personally wish him all the very very best. Hes a star...............

[Guest NATTIE]

It will not happen and i think i can guess the defence as well.

[crfx250]

If you missed the BBC TV news item on Tom Brennan...

 

BBC News Player - Court bid over bank charges

[fendyweather]

What, as in Natwest wont stand up and defend you mean ?? they will avoid going, i.e. just pay him compo as well as charges ?? Yeek ??? Thats a big risk for them surely. ???

[Guest NATTIE]

I am so tired of the threads in progress. NatWest will not be forced to declare costs. To put it bluntly. If this was the case then Stephen Hone(stephen) the moderator on here and also the guys who runs Penalty charges website would have explored and possibly taken that route. It is highly unlikely or a defence which i am not going to speculate on will be made. I think the bank have admitted the charges aspect just the damages bit would be at issue. Just my opinion but my last one on this topic until after the damp squid hits the fan and sighs arrive afterwards.

[fendyweather]

Ok Master Nattie. Were shutting up on this one. I was just intrigued as to whether or not they would just dish out compo on top of charges rather than defend at all, or defend the compo only. Sorry, I know we mere mortals bore the nuts off you at times but you have to remember, we are only mere mortals in the dark about banks,,,,,,, whereas you, this to you, with all your inside knowledge is just a walk in the park and a bit of a non story, but CAN YOU blame us for getting just a tinsy bit excited at the prospect of what the outcome might be.................. anyway besides anything else, its fun to speculate. Lol. Just try and humour us humans........... Lol . You do ok usually. Lol. Fendy xxxxxxxxxxxxxxx HAPPY SATURDAY NATTIE.

[ncf355]

Just had a listen online, this is great stuff

 

Those above wondering about the damages hes aiming for, he mentions 50 - 100% of the charges

 

Very risky, but the impact of this could be amazing

 

Gutsy guy, best of british to you if you're reading this mate

 

[callingcard]

I see this as a way to get a bank into court (and Nat west may still settle on the court steps). What banks are afraid of is being forced to reveal their internal costs, if they get a court order to disclose they may bottle out and pay up. From the banks viewpoint they have to put up a fight, because if this goes against them it will be very bad for all banks. However I would like to wish Tom Brannan every success, as he is putting his future on the line on this important public issue. It's tough one to call I have no idea what the judge will decide, he may just ajourn and give the litigants 28 days to make an effort to settle out of court; which is the kind of anticlimax I have come to expect!

[cleanslate]

yes good point

[nettyg]

mr brennan must be mighty confident in what he's doing as he has so much to lose - i so wish him luck

[Castlebest]

The banks catch students young, offer loads of incentive to use up their student loans knowing they will get paid in spades when they qualify. The banks prey on the weak and inexperienced.

Stands to reason a smart law student sooner or later will say enough is enough.

My best wishes to Mr Brennan, Friday the 13th is only unlucky for some, lets hope its not unlucky for him.

pete

[Guest louis wu]

I know petitions have been a bit of a touchy subject lately, but I am wondering if we could maybe help this guy out.

 

Quote

 

 

"If I lose and they state that I am acting unreasonably they can ask for their costs," he said.

 

"They are employing senior barristers. It would bankrupt me, and that prevents you being a practising barrister or transferring to be a solicitor.

 

"But that will only happen if the judge awards costs and he may not if he decides I am bringing this for public reasons. This case has a momentum of its own and is too important to walk away."

 

 

This could be an oportunity for CAG to get together a supply him with 120,000 signatures in support of his action, it may just help the judge decide this is in the publics interest, and may get a bit of publicity for CAG into the bargain.

 

I havn't really thought this through, but wonder if its worth discussing the merits of such a collected action.

 

Louis

[Parkvale]

At least this barrister fellow will be paying his own costs.At £200 per hour or so.

[Guest NATTIE]

I think i can confirm the damp squid earlier than normal by re-reading the article which states that the judge will rule about exemplary damages. If that part of the case is won THAT is the moment when we can all go over the top about a bank revealing costs. Friday is a simple hearing not his case actually being heard.

[Parkvale]

Precision is your forte Nattie.

[Glenn UK]

LOL Nattie

 

You could be right of course, but did the Barrister is apparently asking the court to rule on the lawfulness of the charges with subsequent permission to seek exemplary damages.

 

Whilst it may not be heard on Friday (i.e. a hearing into the lawfulness of the charges) it may be the first step to the ultimate goal.

 

Incidentally have you listened to the recording on Money Box I haven't as yet i am going by what i heard on the TV Friday.

 

For the avoidance of doubt he is asking the court to rule on the money they made by the bank from the charges and to strip them of profits based on those charges. Which would require them to reveal their costs.

 

Glenn

[Guest NATTIE]

Glenn, i haven;t but that is my understanding from a further re read yesterday and this morning. It would compel the bank to reveal costs if he is successful. I think i may try and listen to it, i am just surprised nobody has tried this route previously. one to watch on Friday the 13th.

[cleanslate]

yes if we or anyone could do something to help brennan happy days

[calvi36]

BBC Radio Player - all BBC players

 

hope this link works, it should be the radio 4 money box broadcast with CAG involvement.

 

Nope it did not, try this BBC NEWS | Programmes | Moneybox | Court bid for bank charge ruling then click moneybox listen icon on left hand side.

 

Right hand side even, GOD don't take any advice from me I don't know the difference between left and right ffs lol

[fendyweather]

I think the reason nobody has tried it is because none of us are legal brained enough to see it through to the end, or we dont have the money to back it up with costs if we lost. C'est la vie ????

 

Parky, u sure youre not said barrister, Lol Fendy xxxx My cluedo brain is working on overtime again.