Darren v The Clydesdale Bank

[digitalantichrist]

OK. So I got a letter in from the bank's solicitors telling me that as the OFT case didn't go according to all our hopes, they're seeking my case be dismissed, and want a reply from me as to my intentions.

 

In their words "your argument that the changes as unfair has now, in our client's view been decided in favour of the banks by the Supreme Court. Furthermore, your contention that the charges are penalties at common law has also been decided in favour of the banks by the High Court in England and Wales, who held that none of the charges were capable of being penalties. These decisions will be relied on before the courts in Scotland.

 

We are, however, instructed to offer on behalf of Clydesdale Bank that if you consent to your case being dismissed then our client will not seek the expenses (costs) associated with this action."

 

They give me 28 days to reply...

 

So, what to do?

 

Should I reply that I'd be willing to settle out of court and hope for a compromise?

 

Should I keep going?

 

If I tell them I intend to keep up the fight, will they still move for dismissal?

 

If I keep up the fight and lose, will I have to pay their costs (I'm on JSA)?

 

If the case is dismissed is there anything else I can do, any other avenue to take?

 

If the case is dismissed can I raise another action in court against them using a different argument?

[BankFodder]

would you mind emailing me on our admin@ address about this.