First reports of someone losing in Court on bank charges Blog Discussion

techspec

bigman30 wrote: »

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!!!;)

Surprised your post as not been removed.

I asked a perfectly reasonable question earlier, ie are judges allowed to hold shares, and it has been removed.

It is something i genuinely would like to know, as most people with plenty of money hold shares, and even if they are not in this particular bank, any ruling would benefit all banks.

I they do hold shares in this sector, i assume they would have to declare this as a conflict of interest.

bigman30

^
^My mistake about the pdf:rolleyes:

^ It may well be removed, but it is a perfectly legitimate question, of course judges and the like have bank accounts, hold shares and such and like most people who are solvent or have never had charges on their accounts that I have spoken to about reclaiming bank charges, You get he same old, same old, " you should know better", "it's in the T and C's", "banks are in business to make profit's", it is almost as if you are taking money from their wallets.
I feel if the guy goes to appeal, he would/should win.

Denis_B

Any judge or magistrate can hold shares and interestes in any legal organisation. When they are sitting however they MUST declare any 'interest' they may have in the case.

If a judge was a shareholder of XYZ Bank and the case before them revolved in any way around XYZ Bank then they must declare in open court an interest to that effect.

Any failiure to do so is instant grounds for appeal

jomish

Thanks for your info about paying solicitors - it really settled me! I think I have properly prepared for the case so hopefully Llloyds TSB won't win my one.

nicholas.t_2

was the case won

Hamish26

I went down the financial ombudsman route. This means i haven't had to threaten HSBC with court proceedings....so far. I chose to go to the FOS as i stay in Scotland and couldn't get my head round our small claims procedure. The 8 weeks that the banks have, by law, to respond was yesterday. I phoned HSBC up and they said they will send me an offer either yesterday or today. I know this takes a few weeks longer but i'm not stressing over todays ruling, might be worth people getting the Financial Ombudsman involved rather than the courts???

mummy10

Hubby just posted his first letter today with his cheque for £10 to get all the details needed to try and claim of guess who?
Typical a case of leaving things a bit late lol .
Shall I tell him to cancel the cheque Pmsl !!

meerustar

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/35751-kevboy_telford-lloyds.html

This is the guys thread from the CAG website if anyone wants to read it ... give advice ... or wish him luck!

jillb_2

I Am Due In Court On The 3rd Of June Taking Lloyds Tsb For 3.5k And Really Worried Now, Can You Give Me Any Advice, This Is Causing Me Lots Of Tension And Worry

2gr82btrue

I sent this letter including other documents after the notice of application held yesterday. The abbey turned up on the day and ignored the fact that we had not settled. She was blinkered on the issur of CI. She pushed the judge to close the case during that 10 mins hearing but he refused and said more time was needed. But If i lose i will have to pay the banks costs and vice versa?. Any advice bar getting legal advice. Im a single parent of 2 on benefits and there is a shortfall of my settlement to date?.
The Abbey have had ample time prior to the court’s application to return the outstanding settlement figure as in my opinion it is unsettled. I believe the Abbey is acting unreasonably taking the letters enclosed into account. The abbey have ignored my request for closure of the claim. I am most keen for a conclusion to the case and will be open to suggestions from yourselves to prevent any further waste of the courts time. The abbey refused to discuss this issue on the day as their main purpose was to defend the case against contractual interest alone and ignore the main issues of outstanding charges/other.

If the Abbey categorically state the settlement figure was agreed on 30th April 2007 and is what they are using in their legal argument, the amount agreed by both parties regarding the bundles/administration costs on the 29th should stand as it is written down in black & white and therefore agreed by the Abbey. It is only the charges and interest figure that altered to a greater amount (as confirmed by the abbey on the 8th May 2007) and this should be taken into account on reaching a correct settlement figure. There is a shortfall of £100.58 and feel the abbey have gone back on their verbal & written agreement. Also the issue of a charge of £35 for the period 16/6/2006, and return of SAR fee of £10.00 is still outstanding. I see no separate figures relating to daily interest on the enclosed “schedule of charges” and sincerely hope this has been refunded in the Abbey’s amended schedule of charges but there is not a breakdown of it. I requested a written statement of our last conversation held with Abbey 12th May 2007 but to date this has not been received. On Monday 14th May 2007 at court I was given a statement by abbey’s representative mentioning 29th April 2007 conversation and no mention of the conversation of 12th was noted. I am most frustrated by the Abbey’s actions.

The Abbey also charged me for having insufficient funds in my account on 12th April 2006 and charged me £35.00. On my transaction letter it clearly shows I was in credit during that period. So in that instance how could I have been charged?. Abbey failed to answer my faxes regarding this issue. Amount including that charge was included in the Abbey’s schedule of charges dated 8th May 2007 totalling £175.00, I did not benefit from this repayment (due to reduced bundle/admin costs) and no apologies or explanation was received.

I believe that the outstanding issues are of fact. Accordingly, I respectfully request that this claim is allocated to the small claims track, as it is under £5,000 and should estimate the hearing should last no longer than one hour. I am a litigate in person trying to protect my family on a low income and the abbey are a large organisation with excessive funds. We should be on an equal par and hope this is taken into consideration. I leave it to the courts discretion of contractual interest but as you can see this is not my main concern with this case. I leave this in your capable hands in the hope it makes the present situation clearer.

Should the Abbey prior to the impending court case refund the outstanding amount of the settlement figure I will contact your offices for further advice.