First reports of someone losing in Court on bank charges Blog Discussion 15 May 2007 at 2:44PM in Martin's blogs & appearances & MoneySavingExpert in the news 70 replies 11.4K views

Former_MSE_Archna

This is the discussion to link on the back of "First reports of someone losing in Court on bank charges" blog. Please read the blog first, as the discussion follows it.



Read Martin's "First reports of someone losing in Court on bank charges" Blog

Cue147

My case has been defended yesterday and reading this on the BBC i started bricking it. Thanks for the blog Martin now i have re-newed confidence and carry on with my case.

jomish

I have my court date. Although I appreciate the fact I could win on 1st June, now this case has happened I am panicking. How much would I have to pay out for Lloyds TSB solictors if I lost - £1000s? I was claiming around £1000 so I could have just saved my £80 and not risked it!? Can I pull out now? Would I have to then still pay off the solicitors as much?

playfire1

This is an isolated case. There could be a dozen reasons why this case was upheld. This Gentleman should appeal and with Martins help, he will win. Then it will be a High Court ruling. This is exciting.

jomish

It would get silly if some judges said yes and some no. Even the OFT is looking into it. Hopefully other judges don't copy! We would have to have a website directory of judges that say yes and no!


I am mainly claiming for standing orders and direct debits which I believe don't cost up to £30 to cancel so hopefully I will win.

MSE_Martin

Jomish! Stop panicking I presume your case is in the small claims system? That means you CANNOT HAVE COSTS AWARDED AGAINST YOU. So even in the tiny tiny case that your judge follows this one (unlikely as it is) you won't have to pay their costs.

As for it being silly if some judges say one thing and others say another... welcome to the law. As there is no precedent, that's exactly what can happen.

Martin

bazzaoleary77

Hiya All

I have as many been concerned with todays judges decision to go in favor of the banks. My case is in Milton Keynes on June 8th and I am very concerned about what points I should raise when in front of the judge. Can anybody give me a blow by blow account of what I should say once in front of a judge or should I be getting legal representation. If anybody could help it would be fantastic as I can't seem to find anyone telling people what to actually say in court to a judge. My judge decided to dispense of the need for a questionare and gave me a date without one was this a good sign.

Many thanks for your help in advance.

Barry

bazzaoleary77

Also does anyone know if I can get representation at such a late stage?

carter56

i think everyone will be feeling a little shaky after this ruling. hope we get to know if this gentleman goes to appeal and hopefully gets his just reward. i am at the stage of having filed on mcol and barclays have acknowledged and i am awaiting their defence. fingers crossed. its is quite scary now

bigman30

Reading the ins and outs of the pdf notes on the thisismoney site, in a purely "non legal" sense, I feel the claimant didn't present his case correctly, as is noted by the judge,in paragraph 5, the judge states no details of the claim were forthcoming from the claimant ie account details, list of charges, and in the banks defence they evenstate the claim to be "embarrassing and insufficiently particularised "
As Martin states this is not a precedent at all, although worrying, it shouldn't deter anyone from attempting to claim.
The judge is probably a Lloyds TSB banker/shareholder!!!;)

bazzaoleary77

Hiya bigman if you see the second case further down that is the one relevent not the first which was a terrible case to put forward there were two cases both on that pdf.
Hope this helps
Barry