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Just Back From Court - Stay Given but Legal Rep a Joke!

Hi,

I've just returned from court and the bank has been given a stay!! I was told by the judge all cases heard would be treat the same as his Superior had made the overall decision not him - However, you could see that the representative from the banks legal team was so uninformed as she sat reading from a highlighted piece of paper requesting her 'Stay' and added the word 'Sir' after each paragraph - it was a joke!!. No wonder she asked if I wanted to discuss the case before we went in - which i politely declined - it was probably so i could tell her what was going on lol

She positively had a kitten when i had my say - I said i thought it was disrespectfull that the bank had sent me a letter assuming a Stay would be granted - she flicked through her little file furiously looking for the letter when the judge said 'Its up to the Court, not the bank to decide such matters' lmao:rotfl: I thought i was in for an overturn !!! - but it wasn't to be as he was acting on higher instructions he said.

I brought up the fact the bank now wanted £500 overdraft from me on 1st September or I would start getting charges again - The Judge said 'whoever I have sought the excellent legal advice from for my thorough court bundle, should be able to correctly advise me how to deal with this as it needed sorting with the bank. Bright Red Legal Eagle (Sparrow, I think!!) was scribbling notes furiously as she didn't have a clue what was going on at this point !!

So Thanks to all who helped with Court Bundle and Any advice on how i go about the overdraft matter would be grately appreciated!!!

Oh and i can apply to have my case re-heard the day after the outcome of the test case has been decided and although I got a stay not a settlement it was quite amusing!!.
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Comments

  • well at least your judge let you have your say mine woulden let us say a word realy.told the mr nat west block that if he whanted a strike out to go thru proper channels and that was that:mad: :mad: like you say its a blxxxxxxxdy joke
  • LOL - well done Lillyboo...not the outcome any of us would have hoped for - but amusing non the less. Perhaps the banks are having to use work experience legal pigeons for the appearances because there are so many? Shame the judges are making the decisions based on the pending test case and not giving us a fair hearing, it sounds like you should have wiped the floor at your hearing if the scales were evenly balanced!
  • SPARKY16
    SPARKY16 Posts: 546 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Its a joke that they banks can dictate a stay on the court cases when its us that are paying to take THEM to court it should but up to us more than them :confused:

    Lets stick together and hope the Big Boys dont win
    as usual its those with money against those that have not .

    Well done lillyboo for standing up to them and giving us all a laugh on the way lets hope we are all laughing at the outcome

    couldnt agree more with palerie-head
  • MABLE
    MABLE Posts: 4,249 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is it not one big joke you can go outside the banks terms and conditions and then sue the bank for the penalties imposed on you. There really has to be a sick joke there somewhere!
  • SPARKY16
    SPARKY16 Posts: 546 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I think the joke is that the banks can charge £35 each time the account goes overdrawn even by a small amount no way does it cost that amount for administration charges!!!!
    after many sleepless nights worring about it you have to find the joke in it somewhere otherwise you would go mad !:D
  • Rafter
    Rafter Posts: 3,850 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sparky,

    It probably costs 50p for a ATM cash withdrawl, 75p to process a cheque and 30p to send out a statement, and over a £1 every time you use a cashier window at a bank.

    You want all those things for free and they have been subsidised by bank charges and poor interest rates on many current accounts up to now.

    A survey by moneysupermarket.com found that over 80% of customers preferred the status quo rather than paying monthly charges as most other countries apply.

    Why, if bank accounts are so profitable are even banks owned by their customers such as Nationwide and Co-op still charging penalties?

    The joke is that the cross subsidy has been able to go on for so long and that the voluntary banking code lacks the teeth to ensure that penalties are applied consistently and that customers have a choice.

    Maybe fees should be opt in? If you would prefer that your account is penalty fee free, but that each time you go over your limit your account is frozen then perhaps that should be an option. You would probably find though that many direct debit companies would want to charge you for their costs of chasing you for payment and that many consumers would be upset at being stranded without cash.

    R.
    Smile :), it makes people wonder what you have been up to.
  • SPARKY16
    SPARKY16 Posts: 546 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Rafter wrote: »

    It probably costs 50p for a ATM cash withdrawl, 75p to process a cheque and 30p to send out a statement, and over a £1 every time you use a cashier window at a bank

    then everyone would be paying the same fairer way of doing it i would say

    i was left with a child through no fault of my own no money to pay the bills called the bank to see if they could hold or cancel all direct debits for 3 days till my wages went in to my account i was told no they couldnt then they went on to charge me £180 in 1 day charges half my wages how do you recover from that ,you dont !!
    Since selling my house paying off all my debts including my overdraft,now having money in the bank they are bending over backwards to help surely this is the joke!
  • The rep from my bank were embarrassingly useless too - she looked about 18! If its that easy to get a law degree may try for one myself. The cheeky madam even asked beforehand if she could look at my paperwork - as she obviously had got next to nothing except the basics. The judge did not look impressed either! Bank did not get the stay - it was put on hold for 28 days. Judge wants a more senior lawyer to attend to give evidence. The Barclays rep did not turn up for the case following mine even tho amount of claim was £4500 so she won by default. Judge said he would use his discretion in each individual case. He was very fair.
  • I think it just goes to show that now that the test case is going ahead that the Banks are trying to save a bit more money they had previously been spending on more expensive barristers. You will now see that they will, at least until the stays start to get lifted or the test case comes to an end, be using the No Frills/Value Barrister types. PMSL
  • SPARKY16
    SPARKY16 Posts: 546 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Good luck with your case "SPIRITWISH" I will keep my fingers crossed for you
    i will keep a look out for your posting on success stories !!!!!
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