First victory to Lloyds

[granby]

OK the main thing is to stick together and DO NOT BE RATTLED BY THIS BLIP!!!!!!

cos in the end i am pretty sure their will be some thing posted by the mods/admins that will be able to combat this

also it was from a DISTRICT/LOCAL JUDGE

so is not actually a ruling of law

just an interpretation

[cockatrice]

I am so glad that this site exists!!!

As many others I was slightly unnerved after the judgement but after 2 days of intense reading of all your posts and various threads, I get a very warm and strong feeling and feel as many other of you more experienced and knowledgable people even rather excited as I hope Kevin is taking it further to the court of appeal! I have moved over from germany 7 years ago and have ever since been shocked about the ruthless, greedy, moneyspinning practices that create billions of pounds in obscene profits for the banks:-x ... I am soooo pleased we are doing something about it!

 

Love you all!

 

PS: interesting news from yesterday:

BBC NEWS | Business | Was the bank victory an accident?

 

Awaiting response to my claim from HSBC

[OscarK]

Just thought I'd let you know that I've just tried to speak to the Abbey to come to some sort of settlement regarding my claim against them and I was given the line 'that there has just been a Judge who ruled in favour of the bank, so the banks are reassessing their position'. When I pointed out that it was a District Judge and not a County Court judge and it did not affect any other part of the country, she replied she knew that. So I think they are using this as a line to try and put people off with continuing their claims.

[indebtstudent]

Houston we have a problem (just kidding) - the banks & building socieites do if they send out letters like this.

 

After receiving £500 in refunded charges, Nationwide wrote to Working Lunch viewer Catherine Warrington giving her notice that her FlexAccount was to be closed.

The letter stated: "It is now clear that you are unwilling to conduct your account in accordance with our Flex Account terms and conditions... therefore this letter is notification of our intention to close the above accounts in 32 days time."

 

 

BBC NEWS | Programmes | Working Lunch | Current accounts in closure probe

 

This is a quote from the Working Lucnh wbesite. It seems to me this is a clear statement by Nationwide that this issue is to do with contract law, if we can get this sort of documnetation from other organisations we are home and dry. Obviously the T & C's from the date the account was opened would be preferable but letts of this nature would be very useful indeed.

[broke dave]

I think I am what you might call a newbie. But I for one have tried, as I've read this site, to point other newcomers in the right direction.

I've been kucky enough to come across the 'oldies' - nicsussex, photoman, garyH, GuidoT and curlychick (sorry curly - a young 'oldie').

Whether new or old we all have a part to play and I for one am pleased to be a member of this site. I will continue to ask questions and point others in the right direction.

As a foot-note, have just paid my allocation fee to my local court. As with all local courts these claims are taking up the majority of their day. To date not a single claim has been cotested. Further, the clerk stated to me that this (Birmingham) was just a blip!

Be prepared (I think that was my old Boys Brigade Motto was?)

We will win.

 

broke dave.

[kfdh1962]

I think I am what you might call a newbie. But I for one have tried, as I've read this site, to point other newcomers in the right direction.

I've been kucky enough to come across the 'oldies' - nicsussex, photoman, garyH, GuidoT and curlychick (sorry curly - a young 'oldie').

Whether new or old we all have a part to play and I for one am pleased to be a member of this site. I will continue to ask questions and point others in the right direction.

As a foot-note, have just paid my allocation fee to my local court. As with all local courts these claims are taking up the majority of their day. To date not a single claim has been cotested. Further, the clerk stated to me that this (Birmingham) was just a blip!

Be prepared (I think that was my old Boys Brigade Motto was?)

We will win.

 

 

 

broke dave.

 

 

boy scouts dave, he he , but valid point

[olliebollie]

boy scouts dave, he he , but valid point

 

I thought it was the Girl Guides lol!!

[RETURNED TO SENDER]

I have just read the court document in full, can a single county court judge make the bank charges lawfull or does that have to be done by the high court ?

[GERMANY2006]

Definitly just a blip. Like it.

 

To date not a single claim has been cotested. Further, the clerk stated to me that this (Birmingham) was just a blip!

Be prepared (I think that was my old Boys Brigade Motto was?)

We will win.

 

broke dave.

[fitzos]

Even the presenter off GMTV said this was the first time this has happened, but as has been stated a number of times in this rapidly growing thread, its not, remember this has happened before, but never changed a thing then and Im quite sure wont now

I am waiting for a court date to come through currently and funnily enough its in birmingham, luckily being heard by a different Judge though. I have carefully read this whole thread and again, this has been previously stated, we need to relax monitor the situation over the coming weeks and adapt accordingly

at no point do we give up or cave in, the banks would love that too much

 

Good on you martin lewis, keep up the fight

[broke dave]

It is just a blip. But beware of quoting wrong things (as I did!!) You are right 'Be prepared'-Scouts. Boys Brigade is 'Steadfast and Sure' (I hope???) - just as appropriate

[nobodys fool]

Its just a case of proving the banks consider exceeding limits to be a breach and not a "standard service".... Proof of threats to shut accounts for "misuse" should achieve this.

[nobodys fool]

they didn't even turn up - just submitted a written defence

[pestrick]

I am slightly worried as i have 2 A4 pages of 'cheque card misuse fee's' and whats worse the charge is the agreed FSA credit card fee of 12 pounds 50p. Will this strengthen my case as they are quoted as 'misuse' (implying penalty and not service') or will this make me look like I've been ripping the banks off cashing cheques or will the judge say in line with credit card companies the costs are reasonable? they are about at least 60% of the total of my claim!

 

I'm facing nationwide, they have not acknowledged service yet, 3 days in. And my account is closed. I've heard they pay at the 11th hour, i.e on the 28th day after acknowledging.

 

PS does anyone know of a link where I can use a template for my amended Particulars of claim following 'berwick', or are we sticking the same instructions? thus being what has been set out already and not letting a DJ tell us its a service and there has been no breach of contract, in my initial POC I mentioned that if the bank does enter a defence I request that full documentation is provided by them as to the real and actual proper costs of the 'fees' charged - something they will never do, I also said my claim is in accordance with the Unfair Terms in Consumer Contracts Regulations as I believe these default charges are unfair and not proportionate to the costs actually incurred by the Society. I put them to strict proof in this regard. Would have added more but issued hours before berwick was heard (!).

Also DJ Cooke said it was not proportionate in small claims court to look into these costs (!) so hope my DJ will not follow his line?

Any help is appreciated, thanks.

[nobodys fool]

The "misuse" line is useful...

 

Just because the OFT mentioned £12 might be fair has no bearing on what could be claimed for breach...that cannot exceed the resultant loss... whic is probably £1-£2

 

The judge also mentioned (in his judgement - which due to the level of the court doesn'tset a precedent) that credit cards were a differnt matter to banks... he indicated that they probably had less of a "part of the service" defence

[pestrick]

thanks! Has made me feel more comfortable.

So do you think my initial POC are OK? as long as I have all my statements and penalty charges at the ready and my line of defence etc being penaltys that cannot result in a profit as per FSA/OFT etc?

hopefully nationwide will realise this and just pay me anyway.

I guess the judge cant look at how they have accomodated me cashing cheques, in fact so long ago dont even remember. The point is I've paid it all back now. And so specific discovery in relation to the conduct of my account is irrelevant and insignificant to the case in hand.

[Phil_B]

As a matter of interest does anyone know if any other bank cases have appeared subsequently at Birmingham County Court, either with this judge or another, and if so what was the outcome?

 

I put my first two, smallish, claims in the previous friday, and am now naturally a bit concerned about the other three I want to submit.

[granby]

Just wanted to comment, that the people who seem to running around flappin like headless chickens the most, are those with the lowest post counts.

Many of those panicking have also just jumped right in at the deep end, skipped all the rudimentary reading, and just started proceedings without actually understanding what they are really doing ??

 

Only NOW have they just started asking really very basic questions !

 

 

You are taking somebody to court !!!!!!!!

 

 

If you were not willing to actually go into a court, then why did you start the process in the first place ?

 

You have far far less chance of winning the lottery, than of ending up in court over this. Yet despite the amazingly slim chances of winning the lottery, you do really believe that "it could be you", and do have a decent chance of winning, so keep playing.

 

Well the chances of ending up in a court due to taking these actions is much greater and much more real by comparison. So actually in this case much more so "it could be you", as was amply demonstrated yesterday.

 

 

Also, if you quote laws and cases, make sure you do actually read them first!

 

Your probably the same people, who without ever having used one before, go out and buy a new computer, then plug it in without even a cursory glance of the instructions.

You then take it back to the shop wondering why it wont work ........

 

...... aaaahhhhh haaahhh......actually that would also explain the low post count !!

bit off their mate

you have been through the mill i take it

all ppl are after here is a bit of reassurance

i know it was a blip and you know it was a blip

post like this are not constructive to the main aim

i respect your right to voice you opinion but there are more eloquent ways of putting it

[Destinyofsouls]

In the Times yesterday.........

The Lord Chancellor has been forced to disclose that he holds a list of JUDGES disciplined for misuse of their computers, including viewing PORNOGRAPHY!!!

In it first ten months, the Office for Judicial Complaints has investigated 1,434 complaints against judges and other juducial office holders.

Maybe Kev should have taken his documents inside a recent copy of Playboy :grin:

[Destinyofsouls]

Now let me see...................... ...............

 

What rhymes with Cooke?

[photoman]

Granby

Yes my post may have sounded a bit harsh, and I have since apologised to anyone taking this matter seriously who may have taken offence.

 

But there is need for a bit of a wake up call to those who seem to think that this is a walk in the woods.

 

This is a serious business, and although everything is here online in templated form, it is still necessary to make some effort to understand what is that involved. It is obvious from some of the posts that some people have advanced way down the line without ever doing this.

 

I am just as willing as many others on this site to try to help them (and have very often done so), and the urgency that these crys for help are are so frequently made in means it must be done so quickly and without chastisement.

 

My post was meant more as a cautionary warning to those about to set off. To not get yourself in the same mess. To take some time and effort to do things. Read and understand, post and question, get advice earlier rather than later. Look at all the stages before starting even the first, because it is those rudimentary basics that will prepare you for the more difficult later stages.

[curlychic]

 

My post was meant more as a cautionary warning to those about to set off. To not get yourself in the same mess. To take some time and effort to do things. Read and understand, post and question, get advice earlier rather than later. Look at all the stages before starting even the first, because it is those rudimentary basics that will prepare you for the more difficult later stages.

 

I couldnt agree more .... BE PREPARED !

[olliebollie]

Granby

Yes my post may have sounded a bit harsh, and I have since apologised to anyone taking this matter seriously who may have taken offence.

 

But there is need for a bit of a wake up call to those who seem to think that this is a walk in the woods.

 

This is a serious business, and although everything is here online in templated form, it is still necessary to make some effort to understand what is that involved. It is obvious from some of the posts that some people have advanced way down the line without ever doing this.

 

I am just as willing as many others on this site to try to help them (and have very often done so), and the urgency that these crys for help are are so frequently made in means it must be done so quickly and without chastisement.

 

My post was meant more as a cautionary warning to those about to set off. To not get yourself in the same mess. To take some time and effort to do things. Read and understand, post and question, get advice earlier rather than later. Look at all the stages before starting even the first, because it is those rudimentary basics that will prepare you for the more difficult later stages.

 

Photoman, I for one didn;t take offence to your advice - I think a lot of us need to be reminded that it is a serious thing we are doing and its not going to be a walk in the park and that we need to be prepared to fight our cause. So thanks for all advice and help and keep up the good work.

 

Cheers

Bev :grin:

[christinajanep]

I'm sorry i have to agree with Granby, i think there are alot of new people who come on this site, ask a question and then get there head bitten off or a sarcy comment left because the question is answered in the FAQ's....

EVERYONE on this site will have a different level of understanding and if someone feels unsure about something then they should feel free to ask until they are 100% sure, the not asking is what also puts peoples claims at risk,

so please give the new people a chance, cuz i'm very sure we were all uncertain and a little worried when we started are claims

[augusta1]

I was of the opinion if the banks did not turn up to court then the case was automaticaly won by the claimant - am i wrong in this thinking.

 

August1