Has any bank defended their actions in court?

oz4725

To try and answer a couple of questions from previous posts. If its in small claims court (under £5K claim, before you add your costs on) then you would lose only what you have spent (about £150) and wont be liable for their costs. I am in no way an expert in this and only know what i know thru spending the last 4 months on the Consumer Action Group site. As far as what do i need in court, what will they ask,ect, i can only urge you to look on the CAG site (registration free) and it has the lot ready for you to cut and paste and download, Court bundles, step by step guides MCOL. If a bank did want to turn up in court, the CAG site has some VERY VERY shrewd cookies on it who would love to meet the banks in court and give them a good hiding and you would have masses of support, and no doubt some fame too as i reckon it will be big news IF a bank turned up in court.

digp

No bank will turn up in ct and defend a case where they run the risk that an appellate ct might get to rule on the lawfulness or otherwise of their conduct.

alisonjs

Have they?

What happens if you lose, and has it happened to anyone so far?

alisonjs

Anyone?

I've just submitted my MCOL and I'm now at a 'start' status on their site. I'm terrified I'm going to lose the £120 fee - let alone miss out on my claim.

There are heaps of success stories - but are there any unsuccessful stories?

Has this process gone wrong for anyone?

Twinkly

Ive seen similair question over and over on my travels around here and I'd like to ask which banks have gone as far as the court process and further have actually defended your claim so incurring you a £100 court allocation questionnaire fee ? I've taken the liberty of starting a thread about it as after extensive reading and posting all weekend I am just so fatigued and could do with a little help please

george123_2

Watch Martins video, he does say that the Banks don't want to go to court. I asked my bank manager that if they thought the bank charges were fair, then why don't they let it get to court, he said they can't as it would cost them a lot of money. I hope this helps. Good luck. X

Twinkly

Thanks george

I probably didnt phrase my question very well sorry. I meant more like 'which banks will pretend they will go to court to the extent of filing a defence, costing you a court allocation questionnaire fee'. I know that this will be refunded as costs but it is a lot of money to find in advance.

Niftythrifty

Hi
Citi Cards have written to us claiming:
'In over a dozen recent court cases involving Citi, we have successfully argued the fairness of the above policy and the fairness of the £12 charges. The cases have all resulted in the claims being dismissed and the courts have implicitly held that the policy is fair and the charges reasonable, being in line with both OFT guidance and common law principles of damage for breach of contract.'

Have to admit this just about scared me off, but am trying to find out if anyone else know about this. BTW we are not claiming for £12 charges, but charges of £20-£25 from 2000-2005.

Nifty

crispqueen

Yes but when (if) it gets to court what they`re saying is they keep £12 from each charge and have been getting away at court with giving you the rest...i.e.
They charged you £25...they`ll end up giving you the other £13...theres someone appealing this happening to them through the court again though
Go to the Bank Action Group for more info, you need to know exactly what you`re doing. :-) and you can never read too many threads

crispqueen

Nationwide are good at defending but pull out a lot at the last minute...I have a hearing for assessment on 12th March - they hvent defended and so far havent informed me that they intend to turn up...hopefully they`ll settle before my date but if not, I`m nearly prepared anyway.:-)