Lloyds victory in Birmingham - in perspective

[C&D]

'Portsmouth' Courts are very pragmatic - and the bank will encounter great resistance to any attempted 'monkey business' ! Be assured !

 

Go well prepared - and you will get a very fair hearing !

 

Good luck !

 

Thanks Kenny. Lets hope it doesnt get to court then!

 

C

[Scotty2hotty]

Please Help Me! I Have Received A Defence From The Bank. I Am Desperate As I Was Trying To Get My Little Sisters Money Back. You Have Wrote Not To Pm You But You Have Also Wrote To Contact You If Someone Has Received A Defence From The Bank. Please Pm Me Or Email Me If You Can Help. Also I Dont Understand How I Am Supposed To Complete The Allocation Questionaire When There Is No Where For Me To Write On It As It Is Just The Banks Defence????

 

 

Scotty2hotty

[TideTurner]

Scotty,

 

The Allocation Questionaire will be issued by the Court after any defence has been filed. This is the next stage, and will come in the post - form N149 or N150.

 

This will be from the Court, should you not receive it in the next 7 days, you should telephone the Court and ask whether it has been sent out.

 

The defence filed by the Bank is standard procedure and is designed to stop you bringing your Sister's action.

 

Wait for the AQ, or if in doubt seek legal advice or telephone the Court.

 

Tide

[brokenbybanks]

Hi all - brokenbybanks here. This is my first post, I'm SO glad to have found this site!!

 

Scotty - I'm at about the same stage as you. I'm currently just received an acknowledgement of service of my claim from Northampton County Court and it says on it (rather obviously) that the bank intends to defend all of this claim. I've read a fair bit about the process online and am slightly worried that I was too brief with the details that I first entered onto Money Claim...

 

I wonder if anyone could reassure me that there is room for ample description of my case on the Allocation Questionnaire that I guess I will be receiving at the end of the month?

 

Also I was wondering about Terms and Conditions. Surely you can request the original T & C that you signed up to under the Data Protection Act. After all who is going to have kept the originals - I've been with Lloyds since the mid-nineties?

 

The point MUST be that Paid Referal Fees are still Penalty charges, i.e. punitive and totally in excess of costs to the banks!!!

 

Thanks for listening, any and all help much appreciated. Keep up the good work.

 

BrokenByBanks

[jclancy]

I've posted a piece on the General section about the Birmingham Case and the upside in it in relation to Credit Card Penalty Charges. DJ Cooke effectively says in para 26 of Judgement that charges for late payment and going over the credit limit by credit card companies are penalty charges for breach of contract. Berwick v Lloyds - The Upside- see para 26 of Judgement

 

http://www.consumeractiongroup.co.uk/forum/general/98370-berwick-lloyds-upside-see.html

[TECHSPEC]

I've posted a piece on the General section about the Birmingham Case and the upside in it in relation to Credit Card Penalty Charges. DJ Cooke effectively says in para 26 of Judgement that charges for late payment and going over the credit limit by credit card companies are penalty charges for breach of contract. Berwick v Lloyds - The Upside- see para 26 of Judgement

 

Thats how i read it, so i have refused all the offers on my cards. They tend to offer the difference between £12 and the charges applied.

 

But after reading the judgement, i was more sure that credit card cases were water tight.

[legalpickle]

District Judge Ian Besford seems to be on the banks payroll!!!

BBC NEWS | Business | More bank cases face strike out

[Mistermind]

(on wrong thread)

[indebtstudent]

CC charges can still be challenged, the OFT said £12 was threshold at which they would take legal action against a company, but the onus would still be on the company to prove the whole genuine pre estimate thing.

 

What the judge was saying is that the contract with a credit card is much clearer, you have a clear agreement. IMO if Kev hadn't bene tricked by the judge (no slight on Kev, judge was out of line even examining him and is obviously smart being a judge and all) into saying he had not broken the contract then he would've been ok.

 

I'm confident you could still win with the service charge argument using the example of Dublin (is it) which charges about £3.

[Mistermind]

Persons enclosing Dublin banks £3 charge T&C in their submissions might as well be armed with additional information, in case a shocked judge asks supplementary questions.

 

 

Dublin vs Belfast

 

Whereas Eire banks charge £3, Ulster banks even a few miles north of the border charge exhorbitant UK rates e.g. £38, most of them being owned by mainland UK banks, see tracey_avery posting #17 below:

 

ciderbrian v Bank of Ireland861

 

Dublin vs London

 

Eire's leading Allied Irish Bank charges £3 in Dublin, but AIB GB in London charges no less than £20, and similar in Belfast. If prices skyrocket when passing a border, what does that say about price fixing by national cartels? This is an area susceptible to heavy libel lawsuits, so tread carefully.

 

AIB London charges are unfortunately not shown in online T&C, but may well be shown in printed T&C advertised as available from AIB London branches. I do not live in London, but anybody who does, or is interested could try and pick one up, while posing as an interested account opener, from one of the following branches. But please, not to alarm AIB GB. Already Lloyds branches have stopped giving out T&Cs to casual enquirers.

 

http://www.thephonebook.bt.com/publi...ation=l ondon

 

 

Over the last 30 years thanks to IT automation bank process costs have never stopped falling. While the OFT slept, the universal penalty charge pegged realistically at £2 35 years ago has now been allowed to skyrocket to £39. Brings to mind Neville Chamberlain who slept while the Nazis re-armed in defiance of the Versailles Treaty, as Winston Churchill protested to no avail.

 

Tunnel vision

 

The current exhorbitant UK prices (Dublin times thirteen) are way outside the bounds of "fairness and reasonableness". This is obvious to any layman taking any view through space and time other than tunnel vision.

[Pliny the Penuriosus]

Spot on M

 

Even the senior judges are now saying it's become a lottery & what is needed is a precedent setting test case.

 

I wonder how long that chocolate teapot known as the OFT will be able to ignore their remarks.

[elsinore]

This should cheer you all up!

 

BBC NEWS | Business | Customers win back bank charges

 

Els

[reverend1010]

my court date is in two weeks and im becoming more and more worried after reading these posts. what are the chances of me actually having to make court

[C&D]

That certainly cheered me up elsinore - 200 cases in one day, how crazy!

 

Thanks, I'm feeling a lot more positive for the people I am currently helping claim their charges back.

[TECHSPEC]

my court date is in two weeks and im becoming more and more worried after reading these posts. what are the chances of me actually having to make court

 

Personally, i would contact the banks solicitors nearer the time, to see if they plan to make an offer.

 

It appears that the cases that have got to court, have been due to the banks losing track of cases, after being overwhelmed. In fact, the first case that Lloyds won in court, was a fluke, as they had intended making an offer, but forgot.

 

I was handling two of my friends cases recently, and after hearing nothing from their banks, and having their letters ignored, i told them to ring them before we goto court. Both were offered the full amount on the phone.

[JonCris]

Yes Tech but where they paid?

[TECHSPEC]

Yes Tech but where they paid?

 

One got his Friday, and by the sound of it as spent half already. He was given £1875, inc interest.

 

Not spoke to the other, but offer was followed up in writing, and returned last week. He was offered £1500, with no interest.

[Vital Spark]

Elsinore, you cannot know how much it meant for me to read that posting of yours with it's encouraging link.

 

THANK YOU!

[TideTurner]

Elsinore, you cannot know how much it meant for me to read that posting of yours with it's encouraging link.

 

THANK YOU!

 

Elisnore, Spark,

 

There will be plenty more, you can guarantee that if the banks were ever right, this would have been stomped on 18 months ago.

 

The only problem is how to let a rat out of a corner without coming out biting.

 

The obvious solution would be to analyse the banks accounts and ask them to voluntarily repay anything unfair.

 

As if that will happen.

 

Tide

[C&D]

Techspec - Which banks were the people with that phoned the solicitor and got offers? My Nan has a prelim court date of 6th July and I am wondering whether its worth her phoning before hand..

 

Thanks.

 

C

[TECHSPEC]

Techspec - Which banks were the people with that phoned the solicitor and got offers? My Nan has a prelim court date of 6th July and I am wondering whether its worth her phoning before hand..

 

Thanks.

 

C

 

Both NatWest, but i got the idea off this site, and Martin's site, after reading of people's success with other banks.

 

If you read the thread of Kevin, who first lost in court, he wondered if he should ring the other side, but was not advised to.

 

It turns out that they may have forgot to make an offer, so that phone call could have made the difference.

[C&D]

Thanks Techspec... will definately give them a call.. Do you think we should call before the prelim or wait until the 'actual' court date?

 

C

[Kevboy_telford]

thanks Techspec :o

Hopefully people will now ring just beforehand and stop them getting to court

[Gez]

thanks Techspec :o

Hopefully people will now ring just beforehand and stop them getting to court

 

Ideally people will have learned from your case, prepare themselves well & hope that they do make it to court and get a judgement that totally contradicts yours.

[reverend1010]

Ive got a case against lloyds for 2500, very nervous now. just waiting for a court date, can i obtain a copy of my origional contract from the bank? am i in my rights to do this???