Has any bank defended their actions in court?

lswither

Hi all

In the process of trying to reclaim from my partners "Shabbey" account but they are stalling as we expected they would. We are just about to raise court proceedings but are now getting scared. A guy in my work told me that Abbey had recently won a case in court......Does anyone know if this is true??????

cheers

natweststaffmember

Only two banks have won in Court. NatWest(2005) and LloydsTSB(2007). The latter you have heard of the former one you haven't.

IainJ

I heard that there had been a bit of a turnaround on the whole charges thing and that some charges are justified and they can charge what they like.

Is this true?

natweststaffmember

No the law is the law

Stephen_Leak

I am also aware of two cases in Scotland.

One was where the claimant put in multiple claims of £750 (the small claims limit in Scotland). One claim was allowed, but the others were dismissed on the grounds of abuse of the system. However, as a result of the publicity, other customers have been awakened to the issue of unlawful charges and the bank involved, Clydesdale, has been swamped with SAR requests.

In the other one, the case preparation was below standard, and the claimant was very, very lucky that the judge adjourned the case to allow her to get her case up to scratch.

Stephen_Leak

natweststaffmember wrote: »

Only two banks have won in Court. NatWest(2005) and LloydsTSB(2007). The latter you have heard of the former one you haven't.

And both were down to poor case preparation.

Edinburghlass_2

Stephen_Leak wrote: »

I am also aware of two cases in Scotland.

One was where the claimant put in multiple claims of £750 (the small claims limit in Scotland). One claim was allowed, but the others were dismissed on the grounds of abuse of the system. However, as a result of the publicity, other customers have been awakened to the issue of unlawful charges and the bank involved, Clydesdale, has been swamped with SAR requests.

In the other one, the case preparation was below standard, and the claimant was very, very lucky that the judge adjourned the case to allow her to get her case up to scratch.

In fact the Clydesdale claimant had already won a case and the Judge in that particular court decided it was an abuse of the system to bring a further case about the same bank account. There are two courts in Scotland who won't allow this. I'm not sure where the publicity is that you mention as Clydesdale have always been very tardy at replying to SAR requests no matter the number of requests.

As regards the other one, from what the claimant said on here she didn't say what her defence was but the Judge read both defences, as is his job, and decided the claimant had a case and ajourned the case for her to produce further evidence.