Has any bank defended their actions in court?

Rex_Mundi

digp wrote:

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

And 2?

Natwest claimed the charges were breach of contract. This is easily defended against (Natwest haven't tried this since), but the claimant also admitted he wasn't fully prepared for the hearing. This allowed the bank to win the case.

The claim against Citibank is under appeal at the moment, so we don't fully know the outcome of this case yet.

digp

That is a bogus defence.

Is there any more info available, e.g. has anyone uploaded their defence in full?

kincade

I've picked out a few random threads and it seems like everyone wins,has anybody lost,what were the grounds ? sorry for appearing lazy just there's too many individual cases to go throgh.

overdraft paid off 30th march....letter to barclays 31st march!!!!

nickmack

kincade wrote:

I've picked out a few random threads and it seems like everyone wins,has anybody lost,what were the grounds ? sorry for appearing lazy just there's too many individual cases to go throgh.

See post above

http://forums.moneysavingexpert.com/showpost.html?p=4149600&postcount=43

DropDebtFred

I've seen plenty of success stories here, does that mean that no-one has failed in their efforts?

weeksy59

And the bank turns up...

How will it proceed from there...

You stand in front of the Judge and say "i feel the charges were unfair"...

Bank says "customer agreed to the charges when signing up for the account"

So what would happen then ?

I'm only at the very early stage of the Court proceedings having issued it on Thurs with Money Claim website...

But i'm very curious as to how it 'could' progress.


I'm of the assumption it will never get to the final stage, but really curious as to what could techincally happen.

Any thoughts ?

oz4725

weeksy59 wrote:

And the bank turns up...

How will it proceed from there...

You stand in front of the Judge and say "i feel the charges were unfair"...

Bank says "customer agreed to the charges when signing up for the account"

So what would happen then ?

I'm only at the very early stage of the Court proceedings having issued it on Thurs with Money Claim website...

But i'm very curious as to how it 'could' progress.


I'm of the assumption it will never get to the final stage, but really curious as to what could techincally happen.

Any thoughts ?

If you have a look on the Consumer action Group site you will get a full run down on why its regarded that these charges are unfair. Basically the way i understand it is a bank ect is allowed to "charge" you for any costs that it has incurred on your account. The argument is, hello Mr Bank you have charged me £30 for an unpaid Direct debit. Can you give me a breakdown of the costs that you have incurred because of my unpaid D/D please. Anything more than the recovery of the ACTUAL costs they have incurred is classed as a penalty. Penalties are illegal and cannot be applied to your account. The top 4 banks made £5bn from this last year. The banks are busting there bo**ocks NOT to disclose the true value of there costs, hence they settle out of court.
In my view although it sounds like a lot of people are reclaiming there charges it is only a tiny % and the banks are happy paying that out than actualling going into court and having to actually dis close what there charges really cost them. A TV program before Xmas had a panel of 4 ex bank exec's work out the true costs and if i remember rightly the highest cost to a bank was a bounced cheque and being generous the panel came up with a figure of about £4. So at £26 profit the banks are happy dont you think.

Any clearer??????

Probably not!!!!!!!!!!!!!!!!!!

PS
Yes you agree to charges in the T&C's but not penalties.

weeksy59

oz4725 wrote:

Any clearer??????

Probably not!!!!!!!!!!!!!!!!!!

PS
Yes you agree to charges in the T&C's but not penalties.

Yes, clearer cheers.

I was discussing it with the Mrs the other day and we basically said, well even though 20,000 people may claim, they will charge 1,000,000 customers so are still quids in.

So, moving on then... assuming i (or someone ) gets to the stage before court and you 'think' you're going to have to prepare a defence and possibly face the court and the judge....

What do we put as the defence...? what questions would they ask ? and what will they ask ?

alisonjs

As the question says?

What's the worst that can happen? If i was to lose at any stage?

Edinburghlass_2

As above for the worst case senario