Bank Charges case upheld

Tozer

No it is a very definite setback. It is to my knowledge the first time a judgment has been made - albeit by a low level court. There have not been any judgments (other than by default) against banks so it is effectively 1-0 to the banks.

This will also give the banks confidence to defend. Interestingly, the bank didn't even turn up so the defence must have been really quite convincing.

I do not agree with the view adopted above that this is PR from the banks. It is a judgment. I'm also a solicitor and in high profile cases the senior district judge will be wheeled out to hear the case. I suspect that happened here. By giving leave to appeal, the judge has recognised that there are important issues here but I wouldn't want to be the one appealing against a County Court decision in the Court of Appeal.

Undoubtedly the bank will ask for security of costs which will require the claimant to pay thousands up front. Frankly, it isn't worth it.

feater

Does this mean that the bank declared their costs? If so anyway we can find out where the £35.00 is coming from for a letter????

daisy_bumbleroot

soolin wrote: »

It's a shame that an otherwise interesting thread has to be spoiled by a silly comment. This thread is a discussion about whether a decision made by a DJ should be a worry to the many people still going through the system to reclaim bank charges.

If you have specific information against the judge then I suggest you take it to the law society, otherwise I would be careful about making a libellous statement on a popular and well visited website such as this.

is it such a silly comment?

I was just wondering, i never said that such a thing has taken place - however stranger and more sinister things have happend in the past and i think we all know how underhand this lot are. in my own humble opinion It wouldnt surprise me at all.

rdavenport

http://news.bbc.co.uk/1/hi/business/6657025.stm

Just in case you hadn't heard...

cooperbob

If the bank thought their charges reasonable and fair why do they offer a partial pay out in most circumstances?

Ernest

daisy_bumbleroot wrote: »

Im also wondering how much of a backhander the judge got from a rich bank like lloydstsb....

Was thinking the same thing.

And if he didn't, then he probably should have!

This will deter a lot of people who are at the pre court stage!

soolin

daisy_bumbleroot wrote: »

is it such a silly comment?

I was just wondering, i never said that such a thing has taken place - however stranger and more sinister things have happend in the past and i think we all know how underhand this lot are. in my own humble opinion It wouldnt surprise me at all.

Yes it is a silly thing to say if you can't prove it...

One of my jobs involves working within local courts and the behaviour and professional integrity of both paid District Judges and lay magistrates is expected to be beyond reproach and where there is any hint of problems either can be asked not to sit until allegations are fully investigated. If you are even hinting at misconduct likely to bring the court into disrepute then you must report it immediately, otherwise making comments about accepting back handers is libel.

bazclack

http://news.bbc.co.uk/1/hi/business/6657025.stm

Lloyds TSB has become the first bank to win a court case after being sued by a customer for imposing supposedly unfair overdraft penalty charges.

District Judge Cook, at Birmingham County Court, dismissed a claim for £2,545 from Kevin Berwick.

Mr Berwick argued Lloyds TSB's charges for having an unauthorised overdraft were illegal contractual penalties.

But Judge Cook decided the bank's charges were in fact legitimate fees for servicing an overdrawn account.

As such, the judge said they were legal.

theagent57

Ive just spent this morning filling 3 claims with money claim very gutted and worried watch this space

LaLa07_2

I'm a little worried about this article on the BBC news re Lloyds. I'm currently awaiting a court date with Barclays who have defended their case... is this going to be the way of things to come?! I hope not!!