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

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Hi
Replying cos I want to subcribe to this thread

But-THread Tools don't give me option like CAG & PC-is there another setting?

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Riggsy1367

I agree with Cossy.
I've just checked out the court bundle link on CAG and found it very detailed but a bit much for a layman like me. Do I really need those cases from 1896?

Please guys, help us out here. I'm reclaiming over £12K and got a court date in September but need my bundle in at the end of this month.



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Brighton-Knight

MSE_Martin wrote: »

I'm sorry I have to disagree with this. Since the Berwick case last week, there've been many hundreds of cases awarded to the claimant. In this second case sadly the claimant didn't turn up in Court and the case was prepared inadequately. I don't consider this decision anywhere even close to Berwick in terms of significant (and Berwick was only limited), yet even with Berwick there the legal advice is plain - properly prepared it should've won.

However I do take on board your note; while I disagree about "ill-conceived" claims, I think there are "ill-prepared" claims. I've already redrafted the relevant parts oof the bank charges guide today (though its not been uploaded yet).

The key notes I think people must undertstand are

1. Most people don't get close to court, they're offered a settlement without getting anywhere near that. For them, all the above is irrelevant - and its crucial we don't put them off.

2. Of those who do go to court, most are awarded by default with the banks not entering an acknowledgement/defence.

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.

As you can see by the above the CAG and MSE are co-operating to get things done. I will be linking to the CAG's section for preparing a defence in the new article which they're working on beefing up to try and get foolproof.

Martin

I am just wondering if anyone knows of any suggestions put forward by Martin (or others) as to just how much preparation (paragraph numbered 3 above) is needed. I have a court date in my case against Barclaycard soon and am becoming quite nervous.

Please help!

ormus

re a county court appearance. ie small claims court.
dont anyone be nervous about this matter. i went some yrs ago to claim off a non paying employer.
employer never turned up, and i won easily. (never got any money though!).

but just wanted to say, that the judge was brilliant. helped me a lot and put me at ease. they really do seem to want to help joe public against big business etc... do be prepared though. i was, and had all the info req.

(mods. feel free to move this comment elsewhere if required).

Sventhevolvo

Martin, My bank has filed a defence and my case has been passed to Scunthorpe District Court. I am happy to trail 150 miles to attend. How do I reply to the defence as I have the information to hand?

warner

I think i am posting this in the wrong place, and if so sorry.I am actually doing thiss for my lil sis, who is dire straits with her debts at the mo,and found out yesterday that she lost her case at the bank for illegal bank charges,against Abbey,so what can she do now if anything, please any advice.

Mistermint

Hi can you give more details please, which court etc and what went wrong?

hyacynth_2

I have been going through the process of claiming bank charges from Barclays with my son. We started back in December 06. He was offered half the amount claimed back in February but he decided to try and claim the full amount back. He went to court yesterday 9th July in Liverpool. The judge questioned him took all the details and said he would see what happened with two other cases and would let him know the outcome by 2nd week in August! Does this mean he is only the second person to be questioned by the judge. It doesn't look good for him.

hyacynth_2

The bank did not bother to turn up!

VikkiB1

Hi Martin

I am just looking for some advice on behalf of my partner who is trying to claim back his bank charges from Barclays Bank.

We recieved a county court date and sent all the information requested (well I think I sent everything, it all gets a bit confusing). Then because my partner started a new job he couldn't get the time off to be at the court on the day but we sent a letter informing them of this within the given time period.

Anyway we recieved a letter saying that due to neither parties being present the case was throne out!

I have looked into appealing and even sent of all the documents to the appeal court but apparently I sent them to the wrong place and had to get permision to appeal first. I now know where to send the documentation but I am concerned weather or not it is going to be worth while as we have to pay further fees and we may not even get permision.

I was wondering if you know of anyone else who has appealed and if it was successfull or not, because I don't know weather to just leave it now

Thanks Vikki