New Bank Charges £100,000 Fighting Fund & Legal News (including the Berwick case)

Alan_Cross_2

Please can we have some advice and or support to sort this out.

Thank you

Alan

Edinburghlass_2

You need to read the posts on your thread below and post any further questions on this thread..

http://forums.moneysavingexpert.com/showthread.html?t=460355

http://forums.moneysavingexpert.com/showthread.html?t=453416&page=2

and I believe you have posted on CAG so I'm sure there are posts there for you to read.

piranhalikethat

How are Lloyds winning when they don't even turn up to court???

icefall

What a great idea, MSE and CAB unite in the interests of the consumer.

Will be following Keiths case with interest.

herbertn

Martin,

In your note above you state the following:

3. If a defence is put in then you need to prepare thoroughly - and I think its at this point the 'bank charges campaigning' side hasn't done enough (me included) so far. We need people to be better versed in the arguments and better prepared in their defences. With that done, there shouldn't be a problem.

I am having to fill out a court defence as Abbey have acknowledged the claim and it can no longer be taken further online.

Where can I find the advice on what to put for my court defence?

Many Thanks,

Nick

techspec

keeperbear wrote: »

In light of the second case win by the banks, Martin's press release now looks pretty lame. The banks have now won two cases despite not attending court.

I wish Martin would tone down the hype and rhetoric and give a balanced argument for once. An ill-prepared consumer will never win a court case. As many bank charge claimants cannot manage an overdraft and direct debits, it is no surprise that they cannot compile a decent legal case.

Just as the courts are becoming annoyed by the banks tactics, judges will also tire of hearing ill conceived legal claims by consumers. If you claim, you can and may lose your case. Martin should acknowledge this potential, but he has created unfounded hope in my claimants.

Thanks to Martin's "hype", i have recieved over £5000 that i thought i would never see again. £1500 of that is from Lloyds TSB, with more expected from my Lloyds credit card.

We are dealing with 'judges' here, and we all know that their opinions can vary .

We are also dealing with people who are claiming, with no experience of the courts, and no solicitors.

So of course some cases will fail, until a precedent has been set.

So Martins "hype", and the consumer action group have resulted in millions of pounds being returned to hard up consumers. That sort of hype i can live with.

This is money people never thought they would see again.

With the right help and preparation, the banks CAN and still ARE being beaten.

golddigger_3

My hubby and I are preparing to go to court with HSBC (£3000) and LLOyds TSB (£8000) thanks to the "hype" and we have already recieved back just over £1k.
Ofcourse people should prepare to go to court, but as Martin has said,as there is no precedent set as far as the banks are concerned, they won't turn up and we will be fully versed with our evidence. (I think that 3 x £780 in 4 weeks charges would convince any judge in the land).

Keep up the good work Martin and crew - look forward to putting up our success stories soon and will carry on spreading the word to everyone I meet.

madkingsoup

keeperbear wrote: »

The banks have now won two cases despite not attending court.

They haven't won (or lost) anything - the cases have simply been dismissed. That's not even a draw. It's simply back to square one.

keeperbear wrote: »

Just as the courts are becoming annoyed by the banks tactics, judges will also tire of hearing ill conceived legal claims by consumers. If you claim, you can and may lose your case. Martin should acknowledge this potential, but he has created unfounded hope in my claimants.

The courts are quite entitled to get annoyed at inadequately prepared cases. The way forward is not to stop claiming but to claim properly. If the banks are being taken to task for not following the rules properly, why should the customers be treated any differently?

cossy_2

I too am waiting for a court date and praying LLoyds will pay up before this time, but win or loose I intend to make my little stand against these charges. If you cant beat em, be a thorn in their side.

Please Martin, the Court Bundles are really hard to decypher when you are not used to dealing with Court malarky, an idiot guide would be much appreciated here :rolleyes:

anyone want to go to court for me ??

picklesjsw

I don't understand these posts. From my reading of the Judgement http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/15_05_07_bank_charge.pdf, it was Mr. Haughton that did not submit the right details. Mr. Berwick did. In fact District Judge Cooke wrote that he was a "model litigant".

I see the problem as Mr. Berwick writing in his claim that it was breach of contract, but not arguing out that point with District Judge Cooke. The basis of our arguments are based on the fact that these are penalty charges for breach of contract. The reason that they are breach of contract is because we are given no choice. A service is based on choice.

Would the banks write us a letter before they bounce the cheques or direct debits asking if we wish to pay the amount immediately or bounce it or let it clear, but in either of the 2 latter, we would be charged, then yes, it would be a service.

If I am wrong, I would be happy to be corrected, but I suggest that people read the Judgement first.