Just Been To Court!!

[dave]

Banking isn't free, so I suppose the solicitor was correct in a way - the fact that he said the charges pay for it is an admission of guilt - if they only recover their costs (as they are supposed to), then how are the charges paying for anything? ;-)

 

We lend them our money at VERY little interest - they lend that money out again at a much, much higher interest rate and in any case get the libor rate overnight (including weekends) just for having our money sitting there.

 

Just pure greed - don't take his bulls**t, YOU are the one in control here, and he doesn't like it!!

[younganfree]

As some of you's will have read I was to phone the solicitors today ahead of my court date next week. The same solicitor offered another A+L claimant the full amount last week, I wasn't so lucky.

 

I'm going to court and need advise, he got me on a few subjects and I don't want to muck up in court.

 

He offered £400, I declined, I said I will only accept my full £950, He says "IF IT GOES TO COURT YOU WILL NOT GET 100%"!!!. He then says, he does not have a blank cheque book and can not settle for the full amount I am claiming, again more bull as he settled with another member last week.

 

He goes on to say, "Do you expect the banks to offer banking for free, thats why there are these fee's" He caught me out a bit, I said it does not cost £25 to send out a letter, he then said "What would you be prepared to pay" I said I don't know but even the £12 set for credit card is very generous, I mean 40p for a stamp, 5p for envelope, 5p for paper,5p for ink, it may cost £12 if it came via Australia of something.

 

So is there truth that I will not get 100% of what I claimed. And what should I say in court if he asks about how much do I think each charge is worth etc.

 

Maybe just coincidence but I'm in court 29th June, court papers had to be submitted no later than 10 days before the case, today is 19th June, so he must be serious about court.

 

If It goes to court I am pretty sure I will loose, As my mother always said, if it wasn't for bad luck I wouldnt have any

I'd say he was trying it on, dj.

If it ends up before a judge, THEY are the ones who are supposed to justify the costs, you won't be expected to pluck a figure out of the ether and say "Well actually, Judge, I wouldn't mind paying say £2.21 per item even though lots of claimants have already got all their money back and therefore have had the same service for free!".

This is what this whole thing is about, getting a bank to stand up in court and explain once and for all how they arrive at the figures they charge. When the banks come clean and say it costs x pence or £x per item, then I'm sure we'll all gladly pay it, shut up and go away!

Precedent so far seems to be that claimants going all the way HAVE received 100% of their claim - so this was yet another SCARE TACTIC (they invent new ones every day and you have to admire their ingenuity even if you don't admire their morals!); hang in there dj - the fact that they have to try to scare people out of going to court is simply a deflection of the fact that THEY'RE scared to go to court!

[dj9928]

he's talking absolute bull****, if you win you will get the full value of your claim, [ unless something has changed in the last 3 weeks while i've been offline] and you'll get the s69 interest, unless you've gone for the C/I or the CCI, in that case it's up to the judge which rate you'll get. as for him saying about free banking, how come it's the people who can least afford to pay for this so called ''free banking'' that end up paying for it, when the only ones that actually get free banking are the ones that could afford to pay for the ''services''.

only you can decide if you've done the right thing, but IMHO you have.

make sure you're ready for court, but i'd expect another call v soon, offering the FULL amount.

if it does get to court, and you are asked about how much you think you should pay, then tell them you could only come up with an accurate figure if the bank was willing to FULLY DISCLOSE THEIR COSTS.

 

have you received their bundle yet???????????

 

good luck:D

 

 

I don't know about another offer, I was speaking to the listing officer today about my court bundle, I asked had the bank submitted anything, he said yes just this morning they got a letter from the banks solicitor saying they will be attending court next week.

 

Surly they wouldn't send this in if they weren't going to attend?

[mattblackcustoms]

Right, got my defence from wragg today, and it says i haven't "particularised", alto i sent them a list of dates and amounts, as per the calcuator. but it says I should send particularise each and every charge, specifying the amount charged, date of charge and explanation for the charge. Should i photocopy my statements and send them? Surely they have this info themselves?

[MimiJane]

Right, got my defence from wragg today, and it says i haven't "particularised", alto i sent them a list of dates and amounts, as per the calcuator. but it says I should send particularise each and every charge, specifying the amount charged, date of charge and explanation for the charge. Should i photocopy my statements and send them? Surely they have this info themselves?

 

Sent them your charges schedule which details all the info. they need and mention you've already sent this to A&L and the court (if you haven't, do so now) and that you hope this clarifies your claim.

 

No need to do anything yet with your statements.

[mattblackcustoms]

Ok, but i haven't sent it to the court, is there a covering letter i should send with it?

[MimiJane]

I rang the court and emailed it to them. Ring them to see what they advise.

[mattblackcustoms]

I suppose I could email them to wragge as well maybe? Or is it better to post?

[dj9928]

I know alot of us are up very shortly so i'd be interested to hear what exactly happens in the court room? I mean what questions are asked etc etc... Just to prepare me a bit for my date next wk

[c_allen]

i had the same happen with the halifax, and my case was unlikely to succeed, very dodgey as i'd made 1 very big mistake, anyway they still paid me in full , with only 2 days to go, and even if they do attend, as long as you've prepeared correctly then you shouild still win [ depending on the judge of course]

[welshlady]

good question id like to know that aswell

[PKea]

Why not pop down to your local court and ask the clerk if you can sit on some cases.

 

Its not as scary as people think it will be,

 

Have a read of the link in my signature

 

Hope this Helps, Paul

 

"Wisdom Begins In Wonder"

 

 

My advice is based on my personal experience and should be taken as such.

 

 

If I have helped you, Please click the Scales

 

 

Guide To Claiming Back Charges

**

Guide to Court

**

Wasted Costs & Spreadheet

**

 

 

Abbey WON - MNBA WON - BARCLAYS WON - HALIFAX(1) WON - BT WON

[welshlady]

good thinking batman. that will put my mind at ease. the last correspondance i recieved was a general form of judgement or order, do you know what i should receive next. thx for the help

 

[PKea]

Morning Welshlady

 

If you can post what what the order says we can advise you what you need to do next

 

Paul

[itsamomentintime]

i have been in county court

 

it was relaxed, civil and not at all scary (even though i lost - dont worry it wasnt bank charges)

 

the judge was knowledgeable and explained everything in plain english

 

i enjoyed the experience. i would love to get a bank into court wooooooo!

[itsamomentintime]

here is the thread if anyone is interested

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/48972-do-you-think-i.html

[dj9928]

Well in less than 40 hours I will be in court, So has anyone any tips/advice?

 

I'm a bit confussed about a couple of questions that will be asked like:

 

"I knew about these charges before I signed up so why did I sign up if I wasn't happy"

 

Also What is the difference between a Penalty Charge and an Account Service Fee??

 

As far as i'm aware the solicitor will not be turning up so does this give me a better chance etc??

 

Thanks for the help

[dj9928]

Don't know if this is good or bad but I'm just out of the court. I was claiming £970 + £200 odd interest against A+L. The defence did not turn up, Judge ruled I get £500 including interest plus the court fee. Reason being "You cant expect free banking"

 

Check of the man Grrr. However on Monday the defence made me an offer of £800 so he changed it to £800 + the court fee.

 

I though if the other half didn't turn up it went in your favour!! Infact there was another person there claiming against someone, there defence did not turn up and it went in his favour.

 

Don't know what to make of it.

[abroadgirl]

i dont believe this you have to pay the court the money i dont get it at all what bank was it?

gheepers im waiting on a court date and am s******g myself, i am so scared of the word court know nothing about it so what are you going to do i would say the bank to pay it they didnt turn up carnt wait to read the replies to this one im sorry for you

abroadgirl

[dj9928]

No, I get £800 instead of what I claimed, I don't have to pay the court, just didn't get the full amount

[dj9928]

Well didn't get the full amount, got £800 I claimed £970+ £200 odd interest,

 

Don't know if its good or bad.

 

Judge says you can't expect free banking

[MimiJane]

Well didn't get the full amount, got £800 I claimed £970+ £200 odd interest,

 

Don't know if its good or bad.

 

Judge says you can't expect free banking

 

Well done dj, I can see the judge's point I suppose. At least it's all for you now.

 

By the way, I'm presuming Wragge didn't turn up?

[dj9928]

Well done dj, I can see the judge's point I suppose. At least it's all for you now.

 

By the way, I'm presuming Wragge didn't turn up?

 

Nope

[pixie5]

hey people

i'm just sat waiting, very frustrated, my court hearing is set to take place on 31/7/7, i am just sat waiting to see if they will pay up. my account is closed and has been for a little while now. it is reassuring hearing other people tell you there stories and what stage they are at. as far as i know A&L have never actually gone to court, but i got my court date about a month ago now and have had no response back or offer of payment.

just gonna keep holding on now... x

[hedgey06]

dj, which court/judge was this?