I think that from the court's POV, 'nobody turning up' for a particular case means that at least one side fails to turn up. So long as the judge is prepared to make default judgements, it makes no difference if one party turns up - s/he can just go ahead with the default,and you would presumably hear in due course that you had been awarded a default judgement.

I don't think a bank holds a fiduciary position wrt a customer. But I could well be wrong!

Of all the dozens of forum sites I use either regularly, or occasionally, this site is the only one that is set up so that (in Opera at least), pages cache even when they've changed. It makes the site extremely awkward to use. With any other site you can go to the index page and click on any changed thread and get the updated thread. With this one you have to: 1) Click on a link to the index 2) Wait for the index to start loading 3) Refresh the index 4) Click on the updated thread title 5) Wait for the thread to start loading 6) Refresh the thread Is it not possible to have this site set up the way that just about every other site on the web is set up -i.e. caching of dynamically generated pages is inhibited?

This thread should be of interest to anyone who is claiming, or is thinking of claiming for CI. http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html

Shouldn't that 'and' be a 'but'? Unlawful charges are hardly a 'necessity'.

Sorry to hear that. It may, OTOH, provide an impetus to the banks to settle up before a case is initiated as it could save them a very consider sum of money if they just pay the unlawful fees.

This is a fascinating question. It really needs to be answered by a legal professional, but I don't see how you can possibly owe them money as they are not legally entitled to lend you any (or, I think, more aqccurately, they cannot legally recover anything they do lend you)! As is so often the way with banks, they want it both ways. They won't let you go overdrawn because they cannot recover any money they lend you, yet they have, de facto, loaned you the money to pay the fees, penalties and interest on same. I'm pretty sure that they don't have a hope in hell of legally recovering the money.

You are quite correct in that they are unlawful as opposed to illegal - just a slip there on my part. However, that does not alter the fact that the banks have been misrepresenting unlawful charges as lawful ones and using this deception to obtain money. This is where possible criminal activity occurs.

I'm aware of those differences. The fact that you have a contract with someone does not alter the fact that you have taken their money by deception with the intent of permenantly depriving them of it. If I had a contract with you and told you that as a result of that contract you had to pay me a sum of money, but the contract did not legally entitle me to that sum, you would, on discovering the deception, be able to bring a criminal prosecution. I just wonder why it will not theoretically be possible to do the same thing against a bank if the charges ever are deemed illegal by a court. Of course, there would be little point as the amount they would have to pay back would effectively be a monumental fine.

Why's that then? Because the banks are big, rich, powerful companies, they can deceive people, unlawfully take money from them with the intention of permenantly depriving them of it, but it isn't theft?

Sorry, I was just being silly (suggesting that you put 7th June on all correspondance irrespective of when you received it). Just put in my claim letter after months of procrastination and conflicting advice and I think I'm feeling a bit light headed!

Doesn't that get rather confusing?

I'm afraid that if she's been coming on here using the bank's computer she won't have a leg to stand on.

That would seem not only sensible, but really the only way to proceed. There's no logical difference between one spreadsheet with two sets of calculations on it (possibly printed on more than one page) and two separate spreadsheets (certainly printed on two separate pages). If I've got the right end of the stick

Thanks, Fred. I'm away to send the first letter by special delivery this very minute. :o