Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Lloyds victory in Birmingham - in perspective


BankFodder
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6126 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Kenny, the FOS may have always managed to get a refund, but very often people have only managed to get 40-60% of what they were due.

As I understand it, Mr Berwick will only be going through the FOS now because to appeal through the courts would mean he would have to use the same inadequate evidence he used first time around. If he now goes through the FOS, he can use a much better prepared case & should sail to victory with it.

Link to post
Share on other sites

  • Replies 280
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Kenny, the FOS may have always managed to get a refund, but very often people have only managed to get 40-60% of what they were due.

As I understand it, Mr Berwick will only be going through the FOS now because to appeal through the courts would mean he would have to use the same inadequate evidence he used first time around. If he now goes through the FOS, he can use a much better prepared case & should sail to victory with it.

 

Sure thing Gez ! I agree, especially with the Berwick statement - please see my post # 169 & Mistermind # 170.

 

Whilst a 40-60% refund via the FOS may not be ideal, it does not 'close doors' - conversely, proceeding to what appears to be a 'pre-determined' strikeout, based on a flawed case from another county court - which said earlier, sadly, ill-prepared case - you and I, auntie & uncle, and the world & his wife 'know', (as does the judiciary), is totally irrelevant to what takes place elsewhere, and has absolutely no bearing whatsoever - but 'somebody' does think its relevant - 'if' it goes the wrong way, then the refund will be zero - and the consequences get much heavier, as the banks will milk it with both hands - and link it to their other alleged 'single' success, the Berwick case - whilst disregarding the £millions of refunds they have already made to overcharged customers !

 

There again, how well prepared, or otherwise are the claimants ? Are they up for an appeal if it goes pear-shaped at an early stage ? I really hope they are well clued up on their claim and litigation in general !

Kenny Haymes, London

Link to post
Share on other sites

Sure, I hope this anomaly has made everyone see the importance of being prepared. There are a few threads out there now dealing with helping out those in Hull. I think as long as the judge accepts their appeal to continue & they have prepared properly, then victory should be almost assured.

 

I'm sure I read somewhere that the FOS were refusing to take on any claims until the OFT report was published. Is that right?

 

Anyway, regardless, I agree that for the individual claimants the first priority should be to go for whatever gives them the best chance of success & if that means the FOS or even Judge Judy then so be it.

What I don't like is the idea of running away from court when you know you are 100% in the right and have easily the best chance of success at a hearing.

 

My hope is that this particular judge will respond to those who are appealing to continue their case & say "ok on you go & I'll hear the case if there is no settlement". We just need one of them to make it to the hearing. Its still almost a given that the bankers won't turn up so he would have to hear the case in much the same way as Berwick Vs Lloyds & hear the case solely on the evidence & arguments presented by the claimant. Hopefully a claimant who is properly prepared..

Link to post
Share on other sites

Good one BF. Hope you find all relevant claimants.

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

Link to post
Share on other sites

Hey!

 

Look at this:-

 

BBC NEWS | Business | Couple recover £25,000 from bank

 

Lol.......I really am dumbstruck by these banks!

 

This is just so silly...how can you just payout 25K and call it goodwill, since it is not viable to go to court....umm are the banks legal team working for free,if not then banks are pumping a lot into wasted efforts......shocking!

 

They know it is unlawful and they will do everything in their power to hide it...maybe I should try caliming a 500K just for fun and see if they "settle" that one lol.............................only kidding

Barclays T&C Databse

RapidShare: 1-Click Webhosting

Link to post
Share on other sites

There as been a change of direction lately, with more people being told to go to the FOS , instead of court, as nobody as lost yet.

 

Will according to this, the couple lost when they went through the FOS.

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

Link to post
Share on other sites

Of course they did as have many others. The courts often disregard their findings.

In one recent case of critical illness insurance the insurer refused cover on the basis of something in the claimants medical records even though the non disclosed illness had absolutely nothing to do with the claimants current illness.

 

The Ombudsman found in favour of the insurer but the court sure didn't. Whilst the judge didn't critize the Ombudsman directly his verdict in favour of the claimant & his remarks about the insurer will have left them in no doubt as to his opinion of their appalling conduct.

 

He was of course referring to their habit, in the event of a claim, of trawling through a claimants records in the hope of finding ANYTHING even if unrelated & repudiating liabilty for non disclosure.

 

The FSO like the other so called regulators is merely a sop set up to give the gullible public the impression that these industries are ACTUALY regulated.

 

Their complete & utter failure to act on behalf of the consumer has finally exposed them for what they are........useless

Link to post
Share on other sites

Hi JonCris, hope your well. Isn't all typical of take the consumers money for little or nothing in return.

 

There are a lot of what if's in the Hull Judges decision, I can imagine some folk will drop their claims due to the stupidity IMO of one Judge, I ask myself why, he wants to take it out on 20 claimants and not haul Lloyds Bank up to justify the penalty charges. Hull court became self funding I wonder if this was some kind of economic decision.

 

The courts could support a decision by the FSO as a reason to strike out a claim given the attitude of the judge in Hull.

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

Link to post
Share on other sites

Hi,

 

Just an update on where I'm at with my case against Lloyds TSB for £480... I've now had a date for a preliminary hearing at Huddersfield CC on 18th July - I didn't get an allocation questionnaire prior to this nor have I been asked to pay a fee for it, is this normal? And is it normal to have a preliminary hearing??

 

Anyway, I've read all the strong advice and harsh words for people about taking this seriously, which I am! I've been preparing the court bundle which I got from your wonderful site but don't have a copy of my original T&C. Neither am I likely to get it as mine was a student account with TSB before they merged with Lloyds. For this reason, I doubt the bank will have a copy of it either...

 

Given that they've won another case due to poor preparation I'm determined to avoid this and have some questions for you experts...

 

1. Do I need the T&C as a matter of urgency? Will the case fail without it? and does anyone have said version?

 

2. I haven't been asked to send a court bundle prior to the preliminary hearing. Do I need to do this or wait for next stage?

 

3. What should I expect at this preliminary hearing?

 

I'm not expecting them to offer a settlement as although my account with them is still live, I transferred all my banking to First Direct 9 months ago. It's now, in effect, just an empty dead account which won't inspire them to keep my goodwill or my custom...

 

Hope you can advise me on this.

 

Cheers :D

Link to post
Share on other sites

Don't worry about having taken your banking away. I don't think the banks settling out of court has to do with anything other than that they know they are in the wrong coupled with them not being too keen on a judgement given against them, therby setting predence.

 

I am under the impression that BF wants the Terms and Conditions to help the appeals of those who have had their cases judged against and for those who are having their cases thrown out of court: but only small court.

 

You go for it, Nicky and GOOD LUCK!

Vital spark v Lloyds Tsb

2nd November 2006: 1st letter, requesting back statements, hand delivered to lloyds TSB: got receipt.

I have received the information on my accounts going back 6 (six) years but not going back to the begining of my hsitory with the bank, as I requested.

Think I'd best send a letter suggesting they send the lot and informing them that I have already paid the £10 for such information.

Mairi's awaiting my details so that she can help me work out the interest due on the charges taken.

 

Personal: growing and changing while ever remaining the same. Get to know me and tell me what I'm like coz I can't figure me out.

 

Quote: If you can't beat them, confuse them.

Link to post
Share on other sites

Hi this is my first post on this site iam after them too need help sent away SAR got usual first response need help with 2nd stage anyone out there in the know please help my name is Archie

Link to post
Share on other sites

Thanks Vital Spark, I'll give it my best shot! We've got nothing to lose have we?

 

Do you know whether I should send the bundle before this preliminary hearing? I'm new to the court process and am not sure what the purpose of this stage is... I can see that BF is (rightly) busy with other urgent cases being thrown out so any advice would be most welcome :)

Link to post
Share on other sites

There seems to be some misunderstanding of the FOS process and what it results in. I have decided to follow that route and have unequivocal statements from the Ombudsman service, as follows:

 

1. After the Ombudsman makes a formal request for information to the bank in question they come back with an offer

2. In 99% of cases the offer is the full amount of bank charges with interest due to these charges if you have asked for it

3. In those cases where an offer below this amount is made you can reject it and the Ombudsman will follow up. Given that, to justify a lower than 100% offer, the bank has to disclose and justify costs to the Ombudsman, the banks will always cave in rather than do this.

 

I have seen the requests for information that the Ombudsman makes and they are comprehensive, including detailed statements of all of the Bank's costs for each type of transaction. The Ombudsman will not force you to take the offer unless these information conditions have been fulfilled by the Bank, which they never will be.

 

Hope this helps.

 

Muggy

LTSB £9,356 settled in full through the FOS

**

SIGN the petition to make banks deal with charges

**

**

COMPLAIN to your MP about the FSA waiver and the ANTI-CONSUMER way in which the OFT

Test Case is being handled.

Link to post
Share on other sites

That information is most helpfull.

 

I have noew recived all my bank charges back via court, but as my friend lives fairly near to Hull, I am reluctant to go the same route for him.

 

FOS it is then. There is always court to fall back on, if it fails.

 

Cheers!

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

Link to post
Share on other sites

muggy I think you need to check about interest because when asked directly about recovering interest the comment was "that's not within our remit" Seems that the left hand doesn't know what the right hand is doing

Link to post
Share on other sites

Interesting story - 'Bank claims deluge legal service' - BBC Online

 

The government's Money Claim Online small claims service (MCOL) is being overwhelmed by claims for bank charges.

So many people are using the website to reclaim overdraft charges that at times it has slowed almost to a standstill.

 

BBC NEWS | Business | Bank claims deluge legal service

Kenny Haymes, London

Link to post
Share on other sites

Hi, I'm new to this site but just wanted to share my LLoyds bank good news story, sent initial letter in march requesting full refund of £840, got standard reply within 14 days - usual stuff, charges fair, read the small print etc etc, replied with more info and advising was starting court pproceedings and at end of april recevied letter confirming full refund would be given before i had even filed claim, money now credited to my account and buring ahole in my pocket! So everyone, don't give up and maybe you'll even get as lucky as me!

Link to post
Share on other sites

Hi, I'm new to this site but just wanted to share my LLoyds bank good news story, sent initial letter in march requesting full refund of £840, got standard reply within 14 days - usual stuff, charges fair, read the small print etc etc, replied with more info and advising was starting court pproceedings and at end of april recevied letter confirming full refund would be given before i had even filed claim, money now credited to my account and buring ahole in my pocket! So everyone, don't give up and maybe you'll even get as lucky as me!

 

More great news then !

 

I hope Lloyds TSB will 'fairly & properly' refer to their early settlement refund in this (and all the many, many other) alleged 'fair charges case' - when they try and argue their corner in any court case - especially those cases without T&Cs ??

Kenny Haymes, London

Link to post
Share on other sites

Hello.

 

I am currently helping my Nan with a claim against A&L and a friend with a claim against the joyful Ltsb.. Both have now received court dates for Portsmouth in the first week in July. Please can you confirm what I need to get them to do now and what this is about FOS as I am really confused and the more I read, the more I dont understand (sorry!).

 

Any help gratefully appreciated, I previously claimed against HSBC and won but never got past AQ stage so am lost now!

 

Thanks in advance

 

C

[FONT=Comic Sans MS][SIZE=4][COLOR=magenta]C [COLOR=black]& [/COLOR][COLOR=blue]D :) [/COLOR][/COLOR][/SIZE][/FONT] [COLOR=black][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC[/B][COLOR=#000000]- Full settlement received & spent! £1,477.93 :-) [/COLOR][/COLOR][/FONT] [COLOR=mediumturquoise][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC claim 2![/B][/COLOR][COLOR=#000000] - Full settlement offer received 27/06 - £1,116 :) [/COLOR][/FONT] [FONT=Comic Sans MS][FONT=Comic Sans MS][COLOR=mediumturquoise][B]A&L[/B][/COLOR][COLOR=#000000] (for my Nan) - full settlement received on day of prelim hearing - approx £1500 :-)[/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Halifax[/B][/COLOR][COLOR=#000000] - (for a friend) - full settlement received 30/06 - £2576! :) [/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Barclays[/B][/COLOR][COLOR=#000000] - (for a friend) - Court forms were due to be submitted but he wants to wait for results of the court case with OFT[/COLOR][/FONT] [/FONT][/COLOR][/COLOR][FONT=Comic Sans MS][COLOR=#000000][B][COLOR=mediumturquoise]A&L[/COLOR][/B] - (for a friend) - court forms submitted - claim 'stayed' due to OFT case[/COLOR][/FONT]

Link to post
Share on other sites

Hello.

 

I am currently helping my Nan with a claim against A&L and a friend with a claim against the joyful Ltsb.. Both have now received court dates for Portsmouth in the first week in July. Please can you confirm what I need to get them to do now and what this is about FOS as I am really confused and the more I read, the more I dont understand (sorry!).

 

Any help gratefully appreciated, I previously claimed against HSBC and won but never got past AQ stage so am lost now!

 

Thanks in advance

 

C

 

'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 !

Kenny Haymes, London

Link to post
Share on other sites

Kenny did that include the extra interest they charged you

 

....they charged you ?" I don't quite follow the question - I don't have / have never had an account with Lloyds !

 

I just hope Lloyds TSB will document to the court - being the honest bank they purport to be to the courts - all cases/claims they have refunded in full - charges + all interest - when filing any meaningful and genuine defence, if any ?

 

As for 'the case' I am involved in - they/the bank owe me circa. £800k+ !

 

Fully documented ! Many others too !

Kenny Haymes, London

Link to post
Share on other sites

muggy I think you need to check about interest because when asked directly about recovering interest the comment was "that's not within our remit" Seems that the left hand doesn't know what the right hand is doing

 

Hi Pliny,

 

There may be some confusion between statutory interest, as claimable through the courts, and interest directly due to bank charges. I will check and follow up.

 

Muggy

LTSB £9,356 settled in full through the FOS

**

SIGN the petition to make banks deal with charges

**

**

COMPLAIN to your MP about the FSA waiver and the ANTI-CONSUMER way in which the OFT

Test Case is being handled.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...