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Oruairc V Bank of Ireland


joruairc
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Well here we go... I claimed £673 from bank of Ireland, who have just made me an offer for £250 - I'm not going to accept that.

 

On to the next step.

 

Anybody else had a claim against Bank of Ireland? please let me know I'd love to hear from ye.

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Here is someone else claiming from Bank of Ireland.Good luck with your claim.

http://www.consumeractiongroup.co.uk/forum/other-institutions/92608-lamh-dhearg-bank-ireland.html

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A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hi Mate

 

Keep at them as they appear to following the same pattern with all claimants. As you will see, there are some who have went the whole way and the bank appears to be defaulting at the last minute. So Good luck.

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Hi Mate

 

I've been advised through a couple of sources to lodge a complaint with the Financial Ombudsman. You can download the complaint form on-line then complete and post. I believe though, that there is a backlog of such complaints and it may take some time. But with these guys breathing down their necks may get them settling quicker.

 

I know of one case where the settled once the Ombudsman got involved.

 

Good luck.

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hi there i posted this on the wrong thread so thought i'd tie in with yours if ok...story so far....

 

hi has anyone had any dealings with BOI? Had a claim for £1140 but they offered £250 - lodged small claim and the offered me £570 but would contest notiefied fees - i had to ring their solicitor anne to confirm - my husband rang her and she turned out to be a nasty piece of work saying it was all my own fault and would see me in court - so im seeing her in court on tues am - 3 days away - anyone got any knowledge of BOI and how they operate _She cant handle the truth!!!!:-)

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what have you claimed for?, as long as they are penalty charges you have no worries. fees for services are not reclaimable ie quarterly fees.

let me know if you need any help, the BOI are settling cases but sometimes ask for an adjournment.

regards john.

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thanks for the reply John. These are not normal quarterly fees but notiefied fees, ie charges put on your account for every transaction you did for 3 mths because you have been overdrawn - even if this overdrawn period lasted 1 day - these charges their solicitor says she will defend - however am goin to court in the morning and hopefully the judge will decide - bit nervous though - will let you know the outcome

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Hi Mate

 

Good luck tomorrow. One thing I have noticed from the 2 cases in England that the Banks won, is that the claimant didn't/couldn't provide enough or good enough evidence that the charges were excessive. So make sure you can provide evidence to back up your claim. In the ROI, the BOI only charge approx. £8 for 'UnPaid Items', etc while in the North they charge £38. This is an area you can focus on.

 

Let me know how you get on.

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yes good luck for the morning , i would think they will probably settle or go for an adjournment. they wont want to be arguing in court incase it goes against them. please let us know how it goes

regards john.

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hi, well this morning was a nightmare - BOI solicitor was lets just say not a very nice person. She met me with a we're not giving you a penney more and i know the judge and she will be really angry with you for not taking the settlement - my husband tried to explain the facts to ie her figures were different from ours but she kept talking over us - finally she stomped off but returned to ask for a copy of our court bundle - we were not sure of court protocol so gave her one outside the court - her and her colleague - yes there were 2 of them then went through the list of charges scoring out the ones they were not going to pay - we then went into the court where BOI solicitor took over and Presented her case 1st. The judge seemed to know her and told us she was very experienced in bank fees. when it came to my turn i was shaking like mad - the judge then asked us to back outside and try to resolve - BOI then offered £650 at this point and heavily battleworn i accepted - advice to anyone taking BOI to court - be prepared for a long day in court - mine took over 3 hrs and we had hardley begun - and try and get some advice from someone from the legal profession as BOI solicitor rude , obnoxious, condescending and nasty - she will say anything to get you to settle on her terms.

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as usual the judge seems to favour the big institution here in northern ireland. i think its to much G&T at the malone golf club and il scratch your back if you scratch mine.

well done for getting atleast some of your money back and we all understand the pressure an ordinary person would be under in court,they are nothing but a bunch of bullying snobs.

kind regards john.

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Well Done

 

But I see they just used bully boy tactics! An absolute disgrace. What did the Judge say about all this, or did he let her fire away on all cylinders? Did he mention anything about your court bundle or whether you had put in an adequate case? Did it even get that far?

 

Good to know, so that I know what to expect?

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Did the judge make any comments when BOI made you the offer ? Which court was this case heard at ?

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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VBOI well done on getting back some of your money-I've reached the stage now where I need to progress either to the Ombudsman, or court. Sounds like BOI are prepared to go to the expense of getting a solicitor on the case, and defending themselves rather than settling before a hearing. Perhaps I should go down the Ombudsman route and cut out the 'Old Boys network'.

 

Any suggestions?

 

Thanks for all help so far.

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If this case was heard in an English court then it is exactly the same as any other bank charge claim. Therefore the same course of redress applies to everyone who starts a claim for a refund of their charges. So lets find out where this case was heard

and what evidence was actually presented in support of this claim.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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hi everyone, thanks for your messages. I have had time to reflect since Tues and just keep getting angrier. First of all it was Larne Court but the BOI solicitor Ann McMillan bragged she had been in court all over the country fighting on behalf of her bank. She approached me outside and told me she would not defend the default fees which was contrary to her notice of dispute - instead she would be dending what the bank of ireland calls notified fees - these are penalty fees which the bank charges you for being overdrawn - even if this is for only for 1 day, over a 3 mth period ie every time you withdraw money, switch or write a cheque. She told me she has been succesful every time she has argued this point and by me trying to pursue this in court would anger Judge Collins who has heard her argument all before. She raised her voice, was personally rude to me and my husband, didnt listen to us, talked over, us rolled her eyes, stomped off, came back demanded a copy of our court bundle. Her colleage was a little milder but she certainly wore the trousers. Anyway we were called into court - i thought this was supposed to be an informal hearing - instead we had to address the judge as YOur Honour and when she asked what the case was about - theBOI solicitor jumped up and proceeded to talk about the terms and conditions and i was aware of them as i had signed when i opened the account - she held up a fees statement with a breakdown of how much the bank charges per cheque, withdrawal etc and the judge nodded her head saying she had seen one before. The solicitor then started going on about the end of free banking and how i was playing a part in this. this took a few a minutes. I tried to pass to the judge my court bundle but she did not seem to want to take it - I had previously rang the court and was told to bring it on day, i did not need to lodge it with the court. The judge turned to me and asked to state my case - i asked if my husband could speak for me as verbally he is a better orator - she declined and told me to go ahead - i spoke with as much confidence as i could muster but could feel my voice shaking. The judge then asked if i needed a glass of water which i accepted but my hand shook so at this point she asked my husband to speak. He started by saying that the BOI solicitor had told him outside... She stopped him at this point and told him not to mention what was said outside. Instead she handed him a blank piece of paper and told him to add up the charges we wanted back, go back outside and renegotiate with BOI - So we went back ouside the 'lovely' anne told us to accept £630 as we were certain to lose - with a heavy heart i asked for £650 and the deal was done - she and i went back inside to tell teh judge who beamed. She was in the middle of hearing another case so did not make any comment Meanwhile her colleage ws sitting outside with my husband - i think he felt sorry for us as he told my husband there no judge in NI wants to put their name to a ruling and we could have fought for the notified fees - this deflated me some more - so advice - dont believe a word she says as she is trying to put you off from an actual hearing - however as i said before she and the judge had a good rapport. the small claims guide available on the internet does not prepare you as i did not feel it was an informal hearing - also how is a solicitor able to speak for the bank but my husband was denied speaking for me? if you are going to court contact Alison Laird as she has accompanied people in court - anyone feel free to contact me re this - Only plus point, the solicitor and her colleage had to spend the morning in Larne then got caught in the heavy thunderstorm - the Larne Line was flooded- divine intervention

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you have my total sympathy vboi, i think you have been treated disgracefully and should never have been put through that ordeal. the whole point of small claims is supposed to be that it is friendly and informal and allows everyday people to put their case without the big institutions using expensive legal teams to humiliate and bully them into submission.As i said before the whole legal system here is far to much in each others pocket and we are not getting the service we should be.

kind regards john.

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