Just Been To Court!!

dj9928

Don't know if this is good or bad but I'm just out of the court. I was claiming £970 + £200 odd interest against Alliance and Leicester. The defence did not turn up, Judge ruled £500 including interest plus the court fee. Reason being "You cant expect free banking":mad:

Check of the man Grrr. However on Monday the defence made me an offer of £800 so he changed it to £800 + the court fee.

I though if the other half didn't turn up it went in your favour!! Infact there was another person there claiming against someone, there defence did not turn up and it went in his favour

nickmack

dj9928 wrote: »

Don't know if this is good or bad but I'm just out of the court. I was claiming £970 + £200 odd interest against Alliance and Leicester. The defence did not turn up, Judge ruled £500 including interest plus the court fee. Reason being "You cant expect free banking":mad:

Check of the man Grrr. However on Monday the defence made me an offer of £800 so he changed it to £800 + the court fee.

This doesn't sound good in my book.

I'd be interested to hear more about who this judge is and how he came to this response. 'You cant expect free banking' is not a valid legal argument, what else did he say?

dj9928

nickmack wrote: »

This doesn't sound good in my book.

I'd be interested to hear more about who this judge is and how he came to this response. 'You cant expect free banking' is not a valid legal argument, what else did he say?

He went through every charge, He says he's had a lot of these cases and seemed rather !!!!!! off with mine, he says in order to work out an accurate amount you'd need to get accountants and the rest involved. He says I am very very lucky hes ruled it at £800 I get, Had the other party not made me this £800 offer on Monday I would of been getting £500 which is more or less exactly half of what I'm claiming.

I know for a fact had the other party turned up i'd of got nothing!! And people say small claims isn't a formal affair, I was terrified, and I wonder why I was the only one who had to take the oath on the bible, there was 6 of us there, I was the only one claiming bank charges right enough, but he never even went through the rest of the cases, just decided then yes or no, it was like a god damn murder trial or something.

nickmack

dj9928 wrote: »

He went through every charge, He says he's had a lot of these cases and seemed rather !!!!!! off with mine

On face value, this seems quite bizarre.

Can you get the documentation summary on the decision?

Did you have a court bundle?

Did any discussion take place about the legal aspect of the charges?

guardian2020

omg this is scary ... i hope all judges are not like this one...no we dont expect free banking just fair banking and a fair hearing when we feel we have been hard done by...sorry silly judge p.s which court and which judge..maybe we should have a hall of shame on here !!!

dj9928

nickmack wrote: »

On face value, this seems quite bizarre.

Can you get the documentation summary on the decision?

Did you have a court bundle?

Did any discussion take place about the legal aspect of the charges?

I had a court bundle!! He just asked why they are unlawful and the rest, I suppose the summary will be posted out.

I've just had more agro from the defence solicitor, He says he is now detesting this judgement, What does that mean?? He was under the empression we settled on Monday when I spoke on the phone, hence why he never turned up, But on Monday I made sure to word my words carefully so I didn't accept anything, He says i'm in breach of something or other, The judge never asked if I had any contact from the solicitor

What do I do?? He says he's going to get A+L tohold of paying me HELP!!!

feater

Hi

Which cc was this in? Seems really odd that the Judge made you swear on a bible... and the fact that he seems to be making up the amount which we should have been charged! Did he give you a breakdown of how much per charge he considered reasonable or did he just half the amount you were claiming?

dj9928

feater wrote: »

Hi

Which cc was this in? Seems really odd that the Judge made you swear on a bible... and the fact that he seems to be making up the amount which we should have been charged! Did he give you a breakdown of how much per charge he considered reasonable or did he just half the amount you were claiming?

I have to phone the court clark later today, So i'll find out. I'm more worried about there solicitor taking me to court for apparantly breaching something or other.

nickmack

dj9928 wrote: »

I have to phone the court clark later today, So i'll find out. I'm more worried about there solicitor taking me to court for apparantly breaching something or other.

Did you make it clear you were not accepting? Unless the solicitor has evidence that you accepted this offer, they would have a hard time taking you to court for this 'breach'. Sounds like another intimidation tatcic.

dj9928

nickmack wrote: »

Did you make it clear you were not accepting? Unless the solicitor has evidence that you accepted this offer, they would have a hard time taking you to court for this 'breach'. Sounds like another intimidation tatcic.

No I didn't, Unfortunatly. Nor did I say I would accept. He said phone the court the next day and cancel the case, I phoned the court and told them they had made me this offer and should I cancel the case, the guy said no unless you have something in writing but in 99% of cases solicitors don't go back on there word.

But anyway the Judge didn't ask anything about any contact today, I just told him at the end they had made this offer of £800

dj9928

Someone posted this elswhere, Seems I'll be fine, what yous think?

<TABLE class=table-collection-of-items cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD class=table-left>
</TD><TD class=bg-icon-answer>I wouldn't get overly concerned.

It seems that the bank 'thought' you had settled at £800 before you went to court. But they did not inform the court of the 'settlement' before the hearing, nor did they ask for the hearing to be adjourned or dismissed.
So it had to go ahead unless adjourned by consent and with the agreement of the court.
You did the right thing in going to court unless you had in your hot and sweaty little hand, a signed piece of paper saying "we will pay you £800 by x date".
If there's nothing signed, there was no compromise of the claim.
So, Mr Bank can run off the the court all he likes but he'll get fairly short shrift from the Judge.
Either way, they owe you £800 - and as you now know, there's no costs in a small claims hearing.

Good on you - you've got nothing to worry about - so quit worrying - if they correspond or call you again, tell them to stop !!!!!ing, and send the cheque or you'll ask the court to begin enforcement proceedings.
Source(s):
I'm a lawyer. It's all bluff (by them).
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