Bank Charges case upheld

oldwiring

funkylala wrote: »

Oh dear...I really hope you never have anything unexpected happen to you WiseInvestor!! It must be a lovely position to be in..I wasn't so lucky I'm afraid.

In particular I have sympathy with funkylala and others who may through no fault of their own been subject to excessive charges, but in principle I concur with WiseInvestor. It is fair folk to conduct their financial affairs correctly.

CARLXXXH

Ok so Mr Berwick lost his case, what about the guy who never turned up?

playfire1

Tozer wrote: »

Theres more to an appeal than just own party legal costs....

And what if the Court of Appeal rules in favour of the Banks? To the House of Lords, then what? Europe? Game over for everyone else's claims.

We are not talking about 1 page particulars of claims but EXTREMELY detailed and expensive legal arguments being presented. In my experience the Court of Appeal is reluctant to interfere with a judgment unless it is wrong for very specific legal reasons. I'm not sure they will interfere with this one.

Do you have a claim going through at this moment/been successful in claiming im wondering?

Are you deliberately scare mongering or are you just a 'negative' person in general. Martin has clearly set out the risks involved in this site. This site is for people to help each other in reclaiming UNLAWFUL bank charges. Your advice is of course welcome but it would really help me decide if you gave us some disclosure, as to what your interest is here Tozer

playfire1

daisy_bumbleroot wrote: »

Hear Hear. Im bored of people on other discussion boards coming up with the boring old "well, thats the end of free banking im afraid". Why should they NOT pay? And besides I am sure there will be plenty of banks out there that will offer free banks beyond LTSB, barclays etc.... UUUUUUUU-switch as the advert goes!

Cheers Daisy,

I say it as i see it

without prejudice

xxx

Compound_2

Having read the judgement, it seems that the judge was incompetent. He referred to the Lloyds TSB website for a description of the charges because neither party had the original leaflet. However, Lloyds have rebranded the penalty charges as service fees and amended the T&C of the account. The judge should have looked at the literature that applied at the time the charges were incurred, a number of years ago. The T&C cannot be amended retrospectively, so the information on the website is relevant only to charges incurred in the last few months.

lindilou39

keeperbear wrote: »

Many people seem convinced that they will win the claim against their bank. As this verdict of this case proves, nothing is certain in the legal system. Martin has hyped everyone to challenge their bank charges, but even he does not know the proper legalities of the charges. Until further cases come to court, no one can know for sure.

As I have never paid bank charges, I am more worried about how these claims may lead to the disappearance of free banking services. One of my credit cards has already re-introduced an annual charge, and I am sure other developments will follow.

For those of you claiming bank charges, I wish you luck against the money hungry banks. However, do not believe the hype-mongers trying to convince you that all claims will be successful. The same was true of endowment claims.

Well am afraid Lloydstsb already make an account charge, my husband had no debt with them no overdraft yet saturday they sent him a service charge of £30 after they put him in the red for taking an account charge of £6.57...my husband has never signed any agreement nor have I in that matter to say that I/we agree to them either exceeding a zero balance or overdraft limit, and yes I am an ongoing claimant and no this wont deter me, I,ve paid my court fee, I have nothing to lose apart from that court fee, and it sounds to me that Mr Berwick didnt have all his evidence before him as there was no evidence to satisfy the judge.

Lindi

techspec

In the ruling, the guy is criticised for not providing eveidence of the banks costs, and would now allow the use of cost estimates obtained from the media.

Surely only a bank can provide this, and their failure to do so, should have gone in his favour.

If you read the judgement, it is nonsense in places.

techspec

jinkssick wrote: »

This is like a soap opera in here.

This is not the first win, as already described there has already been like 3 victories from the banks around 7 months back.

Secondly, it was probably mistakes in documentation that he lost.

Thirdly, keep going with your claims. In 1 or 2 weeks, this will all be forgotten about and thousands will still be asking ''40 days are up'' and ''ive won''. end of.

Do you have a link to these 3 victories, as the media insist that this is the first.

Tozer

playfire1 wrote: »

Do you have a claim going through at this moment/been successful in claiming im wondering?

Are you deliberately scare mongering or are you just a 'negative' person in general. Martin has clearly set out the risks involved in this site. This site is for people to help each other in reclaiming UNLAWFUL bank charges. Your advice is of course welcome but it would really help me decide if you gave us some disclosure, as to what your interest is here Tozer

No I don't have a claim. In fact I've never paid interest or charges but I have helped others reclaim - have a look at my previous posts before slagging me off. Have a particular look at the posts where I have spent my time (usually charged at £275 per hour) helping people and even drafting court documents.

I am a lawyer specialising in commercial contracts. I have an interest in the legal process and am appalled at some of the gibberish written on here. Rubbish like the judge was incompetent or even corrupt just when a decision doesn't go what is perceived as the right way.

I think I will stop posting on this board as, frankly, I will not waste my time trying to justify the advice that I am giving, in very good faith and dealing with people who not only misunderstand the situation but lack the grace and manners to actually respect other's views. All very sad.

Oh, and the charges are not currently UNLAWFUL. The decision as it stands is that they are LAWFUL. You may not agree, but it is the only decision that stands.

PlasticRhino

Has anyone been in the position where they have received 2 offers from the bank but have still gone ahead with court action?

That's the position I'm in at the moment. I'm claiming £3800 from First Direct. I received an offer of £2400 which I declined and threatened them with court action. They replied with an offer of £3200 which I declined and proceeded with court action.

I've taken it as a personal vendetta against the banks and see that it's my right to expect the money they've taken from me plus interest which is why I've been so stubborn.

I have to say though I'm now a little worried since this ruling.

To the solicitors/experts reading this: In my case would the judge likely favour the banks since they have already made 2 offers in good faith which I have refused to accept? Because they were willing to co-operate and I refused to accept, does this weaken my case?

PS. Thanks to Martin and this website for all the help and support so far!