Defence for those having their action stayed

Mark_My_Words

Hi,

I got a letter from the court today telling me my date for court.

What is interesting is that there is a covering note detailing that previously the court had looked at each bank charge case expecting the defendant to defend the case as they had detailed when they filed their defence only for them to not do so or to settle before the case before it was heard and that the court is now block booking bank charge cases and if the bank intends to contest they have to file a certificate to that effect signed by the defendants solicitor together with a realistic time estimate and the particulars of any documentary evidence on which they will rely.<O:p</O:p
<O:p
Looks like the courts have had enough of the way the banks are handling these cases to! :T

Stokey125

lindilou39 wrote: »

Went to work as normal today and had a little chat with one of our cleaners who has recently had an offer from Barclays which she accepted..Now they have written to her again with a booklet on how to claim for the full amount, she phoned them up and was told...In view of the recent hearing in the courts where the Courts have ruled that charges are unlawful the banks are now offering full settlements???? This isnt just Barclays apparently its HSBC and quite a few others???? Der! Have I/we missed something here??

I am going to do an internet check on the case of Terry v Lloyds TSB it sounds as if the banks have been refused permission to appeal. If anyone has any contacts at penaltycharges.co.uk they can check with it would certainly assist especially those going to Cardiff on Tuesday

lindilou39

sorry the best i can do is monday evening, i,ll get a copy of this letter and put it up.

lindilou39

Mark_My_Words wrote: »

Hi,

I got a letter from the court today telling me my date for court.

What is interesting is that there is a covering note detailing that previously the court had looked at each bank charge case expecting the defendant to defend the case as they had detailed when they filed their defence only for them to not do so or to settle before the case before it was heard and that the court is now block booking bank charge cases and if the bank intends to contest they have to file a certificate to that effect signed by the defendants solicitor together with a realistic time estimate and the particulars of any documentary evidence on which they will rely.<O:p</O:p
<O:p
Looks like the courts have had enough of the way the banks are handling these cases to! :T

sounds true then....Hmmm I feel like number 5.. More input more input

deary65

[FONT=Arial, sans-serif]onsumers fighting to reclaim money through the courts for unfair penalty charges levied by British banks received an historic boost today, when a St Albans County Court judge ruled in favour of a claimant, awarding him over £4,000. This is the first ruling of this type to pass through the UK courts.[/FONT][FONT=Verdana, sans-serif]

[/FONT][FONT=Arial, sans-serif]Thanks to legal support from consumer advice website, penaltycharges.co.uk ([/FONT][FONT=Arial, sans-serif]www.penaltycharges.co.uk[/FONT][FONT=Arial, sans-serif]), the case of Gregory Terry v Lloyds TSB Plc was brought to a County Court, in which Mr Terry made history by successfully winning his case against the UK bank.[/FONT][FONT=Verdana, sans-serif]

[/FONT][FONT=Arial, sans-serif]The ruling kicks into touch a previous judgement made in favour of Lloyds TSB at Birmingham County Court in May 2007, in Kevin Berwick v Lloyds TSB. Mr Berwick had failed to provide sufficient evidence to support his claim and it had been feared that other cases might not be successful in court if judges considered that a precedent had been set in the banks’ favour.[/FONT][FONT=Verdana, sans-serif]

[/FONT][FONT=Arial, sans-serif]Stephen Hone, founder of penaltycharges.co.uk, was in court to hear the decision. He commented: “We have finally managed to bring a case to court to try and settle this issue. Consumers are owed millions of pounds in charges that have been unlawfully levied over the last six years and it’s time that the banks faced the music and paid up.”[/FONT][FONT=Verdana, sans-serif]

[/FONT][FONT=Arial, sans-serif]“As usual no representative from the bank turned up in person to hear the case. They were probably expecting their previous victory in Birmingham to go in their favour. However, this case has shown that the momentum is now firmly back with British consumers and we intend to do all we can to ensure that as many people as possible get their money back.”[/FONT][FONT=Verdana, sans-serif]

[/FONT][FONT=Arial, sans-serif]Gregory Terry’s award of £4,050 comes just two days after a judge at Hull County Court adjourned seven other similar cases and ordered Yorkshire Bank to come clean over its charges and disclose its real administrative costs, which campaigners say should be no more than £2.50.[/FONT][FONT=Verdana, sans-serif]

[/FONT][FONT=Arial, sans-serif]Stephen Hone adds: “We set up penaltycharges.co.uk to provide all the help, support and legal advice needed to claim back unfair bank charges. All the advice given on the site is provided for free and includes advice from other consumers who have successfully reclaimed their bank charges.”[/FONT][FONT=Verdana, sans-serif]

[/FONT][FONT=Arial, sans-serif]Visit [/FONT][FONT=Arial, sans-serif]www.penaltycharges.co.uk[/FONT][FONT=Arial, sans-serif] for further information.[/FONT]

lindilou39

stokey i think deary beat you to it lol

deary65

As i have been saying this whole thing is a "pull the wool over people eyes job". And it is the reason why the so called test case is a farce. How in English law, can the courts hear a case on the fairness of a clause in a private contract when that self same clause is not enforceable in a court, by what ever name you chose to call it.

lindilou39

yes....but the truth will always out in the end.

Mark_My_Words

I've just had a thought, this 'test' case is going through county court as I understand it (please correct me if I am wrong) but as far as I am aware no case in county court can ever set precedent which is why we are all having to go through taking our banks to court rather than them just rolling over and giving up. So how is this a 'test' case and what are the grounds for asking for a stay if it cannot set precedent?

BabyDiesel

I had a court date for 16th August against Abbey, received a letter from Belfast courts today - surprise, surprise, the case has been put on hold!

But wat now? - iv been reading the above posts but still bit confused - is there anything i can do? And if so - wat exactly do i do?

Sorry if i sound dumb, but a lot of money is at stake and i can't afford to make a muck of things.:o