ciderbrian v Bank of Ireland

[ciderbrian]

Hello everyone, I made a claim on line against the bank of ireland in the small claims court on March 27 2007. I had no response, but I looked at the site this morning and saw that a new entry has appeared, a Notice of dispute, can anyone tell me what that is and what I should do now? thanks

[happyolddog]

Hi Ciderbrian,

You should get a letter soon, stating on what grounds they are citing the dispute. I really don't think you have any worries, as long as you have everything in order. I was reading of anoyher member who was in the same position last week. only days later the judge said the banks dispute was worthless and promptly ordered them to pay up. Do though prepare your court bundle to be sure.

 

Good Luck,

Hod.

[ciderbrian]

Court bundle, what court bundle!! Now I am really panicking!!, I thought the whole point of this was the actual amount of the charges not the fact that the charges were applied in the first place. I have a statement prepared though as to why i think the charges are unfair though if that helps

[happyolddog]

Hi Ciderbrian,

please read in here,

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Good Luck,

Hod.

[Guest ChloeJane]

Hi Ciderbrian!

 

Don't panic!

 

Ok....to explain where you are at.....

 

The bank has probably filed a defence....or dispute as you have stated...so untill the court forward you a copy of this, it is unsure to know on what grounds.

 

There is little that can be done till you receive the information from the court and view what it is they are disputing. While I realise this is frustrating to wait - its all that can be done and you may be worrying needlessly.

 

The banks usually do defend. They defend their charges are lawful, but we all know they are unlawful. The only dispute they can have is if your figures are incorrect, so I would not panick just yet!

 

The banks will push the process till the end, testing you. Having you doubt your claim through every step of the way so you will either settle for a much lesser amount, or end your claim.

 

Don't be intimidated and just believe that at the moment, you are right and they are wrong or why would so many people be getting their fees back!......so only the actual figures themselves could ever be in dispute.....not your valid reason for making the claim!

 

Sit tight! don't worry about the court bundles just yet...though it is worth reading up on them, but you won't see the inside of a court room....but they have already worried you, which is their plan.

 

Come back and post when you have their dispute! Be confident till then that its merely a process till proven otherwise, and even if there is an issue, the moderators here are brilliant and everything is fixeable!

 

So ........ no panick....read about the bundles for information....but wait for the court to be in touch!

 

If you need a bit of extra re assurance...chat is a great way for to find it instantly! Hold onto your thoughts as you have said, you have written why they are unfair....and for now...breathe...and wait!

[ciderbrian]

thanks i needed that. I will hold fast and a have a swift G & T I really appreciate your help and advice, I will keep you posted:)

[ciderbrian]

Hi everyone, I got a letter from the small claims court today with a date for the hearing, 22 june and a copy of the bank's defence, all very scary stuff, all to do with breach of contract. Can anyone tell me what this stuff means?

 

1. The Respondent's correct title for the purposes of this Claim is The Governor

and Company of the Bank of Ireland.

2. The banking relationship between the Applicant and the Respondent is

.governed.byjerms. and. conditions which permit the application of usual bank charges to include charges when the Applicant is in breach of those terms and conditions. The Respondent maintains that the charges were correctly applied in accordance with those terms and conditions.

3. The Respondent denies that the charges applied to the Applicant's account

were applied pursuant to an unfair term of a contract.

4. The Respondent denies that the terms and conditions or any one or more of

them governing the relationship between the parties are unenforceable or

unlawful by virtue of Unfair Terms in Consumer Contracts Regulations 1999,

any Statute, Regulation, by virtue of Common Law or otherwise.

signedMiu-x

[mrsfoot]

HI Ciderbrian

 

This is regular defence which most banks send it when they dispute a claim. What theya re saying is that they disagree that the amount you have claimed is unfair. They are saying that the charges where applied in accordance with the terms of the contract for your account (just like all banks say!)

You now need to complete a statement and use each point they have mentioned. Write a small paragraph on each point and relate it to the correct case / law that you will rely on. Hod gave you the link for a court bundle, start completing that as soona s you can as the date for the hearing is not very far away and it soon goes i can tell you!

However, and this is a nice however...i doubt very much it will ed up in court. I am in no doubt that you will get a "goodwill gesture" for the amount you are claiming in the near future...definitely before the hearing.

You may get a letter from the banks solicitors saying to cease the claim or you will be liable for their costs. This is not the case....in small claims it is very very rare that costs are awarded, and they never turn up in court anyway so it is safe to ignore this "advice" frm the sols.

 

Start a thread in the other institutions forum, as I cant seem to find a bank of ireland forum on this site

http://www.consumeractiongroup.co.uk/forum/other-institutions/

Hope this helps

[Lamh Dhearg]

Hello mate

 

Just to let you know that I'm in the same boot and got the exact same reply, word for word, from the BOI sols.

 

So I'll keep an eye on your case as I don't have to appear until Aug 9th.

 

Good luck!!!

[ciderbrian]

I will keep you all posted about what happens, 22 June is D Day!

[tracy_avery]

Hi I got the same reply and up in court on fri 8th june...panicking big time as very unnerving never been in a court before!! Will let u know how I get on x

[Mistermind]

Ciderbrian,

 

Presumably you are claiming against Bank of Ireland branch in UK. What is their cheque and DD bounce charge?

 

AIB charges £3 in Dublin, but £20 in UK. This is the kind of detail that could satisfy a judge of what the true cost of a contract breach charge is, and even as a service fee why £39 is unreasonable in the UK, i.e. could there be a price-fixing cartel in operation.

 

I could not find explicit charges price for Bank of Ireland in Dublin, the nearest I found was http://www.bankofireland.ie/html/gws/includes/personal/pdfs/tc_current.pdf but this refers the reader to inquire in branches for actual price of penalty charges. Have not even tried yet to look for prices T&C in UK. If you have found URL, or even in paper documentation form, I am sure it will be very useful for the reclaim movement. Thanks.

[MARTIN3030]

Welcome to the site.

Have moved your thread here since 11 posts in the Welcome area seems to have got some answers for you.

Update your progress here and feel free to ask if you need further help.

[lickthewallfatboy]

Ciderbrian,

 

Presumably you are claiming against Bank of Ireland branch in UK. What is their cheque and DD bounce charge?

 

AIB charges £3 in Dublin, but £20 in UK. This is the kind of detail that could satisfy a judge of what the true cost of a contract breach charge is, and even as a service fee why £39 is unreasonable in the UK, i.e. there is a price-fixing cartel in operation.

 

I could not find explicit charges price for Bank of Ireland in Dublin, the nearest I found was http://www.bankofireland.ie/html/gws/includes/personal/pdfs/tc_current.pdf but this refers the reader to inquire in branches for actual price of penalty charges. Have not even tried yet to look for prices T&C in UK. If you have found URL, or even in paper documentation form, I am sure it will be very useful for the reclaim movement. Thanks.

 

 

whatever you do DO NOT rely on this alone in court.I know,been there done that,had it thrown out when used against citicards.

 

and be prepared for BoI to turn up at court.They are one of the few who have actually done so-but I'm not aware of them having had a victory just yet.

 

as for "court bundles" in NI,they are a waste of time.Vital in the GB,all but irrelevant in NI.You need to file a spreadsheet of what you're claiming,and have your arguments prepared,though

 

see here for details-

http://www.consumeractiongroup.co.uk/forum/citicards/72517-northern-ireland-citi-claimants.html

 

I recommend that you avoid Craigavon/Armagh courts.....

[tracy_avery]

Hi all!!!

 

Just letting you all know, I received a letter from BOI Solicitors today saying that they would not be entering a defence in court against my claim. However, they were not accepting liability (Yeah right) in other word I can now enter an application of default...Yippee!

 

Good Luck to you all

[Mistermind]

Tracy, what does BOI UK charge for bouncing a cheque/DD etc?

[tracy_avery]

They charge £38 per charge, I will receive £2168 as in NI can only claim up to £2000

[Mistermind]

Tracy,

 

Thanks. Tell me, from the Ulster man in the street, or the girl in the street, are there no ructions arising from the fact that £38 is charged in Belfast, but £3 in Dublin? Are there any towns on the border where by walking two streets down you could bank in the republic? Do not Ulster banks not lose accounts to the republic through charging 13 times as much?

 

Do Ulster banks handle cheques in euros?

Do Eire banks handle cheques in sterling?

[tracy_avery]

I know it is ridiculous, however i

I live quite a distance from the border. Although with online banking I'm sure this will open more avenues for consumers regarding what bank they choose to deal with!! Regarding the banks dealing with cheques in euro/sterling I have no idea, would be interested in finding out though!!!

[Mistermind]

Tracy, incredible.

 

As UK and EU citizen you will be entitled to open a non-resident account in Eire, and all the info on the web says Eire banks will open accounts in most currencies, certainly in sterling.

 

If your account is denominated in sterling, and you write a sterling cheque in N.I. drawn on your Eire account, I cannot see why Eire bank would have any reason to add currency conversion charges when processing your sterling debits, withdrawals and pay-ins. As non-resident of Eire, any credit interest on your Eire account will not have Eire tax deducted at source.

 

A difference between £38 and £3 is staggering. It could be libellous, so I shall not suggest that N.I. banks have been told by their London bank owners to keep penalty charges insanely high in N.I. without commercial reason, for the only reason of not showing up the high penalty charges levied by banks in England.

 

To avoid extortionate penalty charges, might be worth a few phone enquiries to:

Banks In Dublin - Online Banking, Bank Accounts, Loans, Mortgages, Credit Cards

[ciderbrian]

Hi everyone, just to let you know that bank of ireland have made an offer of over 3/4 of what i originally asked, apparently I did not calculate the interest correctly, the letter came today, tuesday 19th and the court date was 22nd June. I decided to accept the offer of £946.50, which was a lot more that the original £250 they offered. So for what it is worth, my advice is go for it and stand firm and don't feel intimidated because it is a bank, they know they are in the wrong!:grin:

[glav]

WELL DONE!!

 

glav:-)