Judge orders bank to Prove it or pay up.

FraggleRock_3

After making my claim through moneyclaim.org my bank Lloyds TSB decided to contest, moving it on to small claims court.

I have recived a letter from my local county court detailing the following:-

"By 3rd August 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevant documents justifying it? and, if they are discretionary, the decision to apply the charges the subjuect of this claim to the claimant.

In default of compliance by the defendant the defense is struck out on the 6th August and the claimant may apply for judgment."

I Take it that my bank will not present this information and I will be able to apply for judgment in my favour on the 6th?

Twinkly

FraggleRock wrote: »

After making my claim through moneyclaim.org my bank Lloyds TSB decided to contest, moving it on to small claims court.

I have recived a letter from my local county court detailing the following:-

"By 3rd August 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevant documents justifying it? and, if they are discretionary, the decision to apply the charges the subjuect of this claim to the claimant.

In default of compliance by the defendant the defense is struck out on the 6th August and the claimant may apply for judgment."

I Take it that my bank will not present this information and I will be able to apply for judgment in my favour on the 6th?

Well... ummm... let me think.... :rolleyes:

Probably not. If they do then things will get interesting. Keep us posted

FraggleRock_3

I will definetly keep you posted, this site has helped me get this far.

I hope the bank say the charges are not discretionary, thats an easy lie to disprove. I know many people who have a "good credit history" that have had a £30 charge (due to being overdrawn by £1 for a day) removed after complaining to a manager.

There's no mention of a court date, so what do we do now? sit and wait for the bank to respond or default?

Edinburghlass_2

By the looks of things you won't be getting a court date as the bank won't want to answer the questions and will either settle before 3 August or you will win by default

Do you mind saying which court this is?

FraggleRock_3

it's from OLDHAM County Court.

Is this a new tactic by the Judge?
Have any banks given out this information yet?

Edinburghlass_2

Its basically what the judge in the recent Hull case has asked the bank to do, you can read about it here...

http://forums.moneysavingexpert.com/showthread.html?t=494020

FraggleRock_3

Oh great' I hopefully will be able to at least apply for judgment on the 6th (How do i do that?).
Looks like I timed it right when I submited my claim
I think they will be waiting for the Yorkshire bank's response to the Hull case.

If they do respond with a breakdown of charges HELP ME!

FraggleRock_3

Result, i got a letter saying its my fault blah blah they are in the right blah blah, no one really wins in court blah blah so we will pay you the full amount with interest and my court fees.

No one wins in court? I should do this more often.

Many thanks to this website and all that help here.
I will be signing the paperwork for around £4,900.00 today.

AlexisV

Sweet. I don't know why they aren't more honest and simply just say we think we are right but don't want to contest this issue any further. Saying no one really wins in court is unnecessarily patronising and makes them look more of a laughing stock than if they came up with a half decent reason for backing down.