Has any bank defended their actions in court?

dagrat

hi everyone, just wondering when historically the banks have gone to court, what has been their defense and how have they presented it?

Anyone with experience of this?

nickmack

Usually in the vein of 'you signed up to the T&C's so tough'.

If you do a search on this forum, you should find a few examples of defences the banks have submitted. There are loads more on the Consumer Action Group site as well.

jockaroo

Has anybody gone all the way to the very end with their claim BUT lost?

There are plenty of success stories, some people getting ALL their money straight away, some getting it after a bit of a push, and some getting it after a long drawn out fight.

But are there any horror stories, the ones we are all fearing, whereby it's gone as far as it can go, and you HAVEN'T got your money, end of story, nothing else that can be done, goodnight and thankyou?

This is all very interesting and even fun, but at the end of the day it's about the dosh...

Jockaroo.

lawtz04

Just curious to see if anyones lost. Wanted to know what to expect if my bank/s defend the claims

richmulch

Ive seen recentley that citi cards are defending claims based on a case they one does anyone know anything about this!!!

jockaroo

I have today received their reply to my first letter, saying all the usual rubbish about their charges being legit etc. They also mention a case they supposedly won in N.Ireland whereby the Court dismissed the case, finding the charges to be fair.

So I am as much in the dark as you, but I am still going to send my second letter, offering them a further 14 days to refund me in full, or I will commence Court action.

Can anybody else enlighten us further, also has anybody had the same initial response but still proceeded and won?

Jockaroo.

cifpower

http://www.consumeractiongroup.co.uk/forum/citicards/9085-citi-cards-request-repayment-6.html

It was in Northern Ireland. The claimant was refunded the difference between £12 and £25 for his charges but went to court for the rest. Citibank provided details to the judge which purported to show that the cost to Citi was just over £12.

The claimant is appealing

raptor44

Just a little question to find out if anybody has not been succesfull..in claiming back the charges..:rolleyes:

Cheers....

nickmack

raptor44 wrote:

Just a little question to find out if anybody has not been succesfull..in claiming back the charges..:rolleyes:

Rarely, but yes:

- One claimant lost their case after appearing in court against NatWest. This was the beginning of last year. It happened because the bank sprung a sneaky defence which is unlikely to work again.

- Another claimant in Northern Ireland recently lost against CitiBank after they called an 'expert' witness (who was an employee of the bank) to provide evidence of the costs. The case is currently under appeal.

There may be a few other less documented cases.

digp

nickmack wrote:

Rarely, but yes:

- One claimant lost their case after appearing in court against NatWest. This was the beginning of last year. It happened because the bank sprung a sneaky defence which is unlikely to work again.

- Another claimant in Northern Ireland recently lost against CitiBank after they called an 'expert' witness (who was an employee of the bank) to provide evidence of the costs. The case is currently under appeal.

There may be a few other less documented cases.

what happened in (1) - what was the defence?

And 2?