Sheriff puts Bank of Scotland to proof on bank charges

[landy_alert]

That's unlike you.... Landy. " giving up"" u dissapoint me

 

Give up? Me? You should know me better than that jdes........I just don't have much faith in the judicial system any more

 

srfrench is quite right though - judges often have a tough time - particularly with all of us knowledgeable Caggers they have to contend with. I just feel that maybe some of them could be better equipped to deal with the type of cases that are obviously more prevalent now......

[TheyrCriminals]

Give up? Me? You should know me better than that jdes........I just don't have much faith in the judicial system any more

 

srfrench is quite right though - judges often have a tough time - particularly with all of us knowledgeable Caggers they have to contend with. I just feel that maybe some of them could be better equipped to deal with the type of cases that are obviously more prevalent now......

 

Hi,

 

What on earth am I reading here?! Judges have a tough time?!! Do me a favour - they get paid quite handsomely to deal with these issues and it must be said quite often at the cost of the financially broken consumer. Give up? I gave up on the legal system in November last year when 'something strange' happened in the Supreme Court regarding unauthorised overdraft charges. I, along with many others, can be wholly forgiven for giving up. However I certainly didn't give up the fight. It must be said however MSE and CAG all pinning their hopes on Govan Law Centre coming up trumps smells a little like giving up.

 

TheyrCriminals

[kennyh]

So TrC - what do you recommend given that the population are hardly likely to take to the streets?

[johnnymitch]

I gave up on the legal system in November last year when 'something strange' happened in the Supreme Court regarding unauthorised overdraft charges.

 

I don't think , on reflection , that there was anything 'strange' about it TrC , ........IMHO , once the banks admitted that the charges were designed to make massive profits to fund free banking for the rich .... the court had to change the ruling of the lower courts ....but to be fair, they did leave the door open to another route .... it's just taking time to test that route .....

 

 

Also , IMHO .....it may be that statement by the banks which has resulted in them shooting themselves in the foot .... because previously they said the charges were reflective of actual costs ........now they can't go back on what they've told the Supreme Court .....

 

However, if you'd like to be a pioneer and stick your head above the parapet with a Test Case in England ........

[landy_alert]

So TrC - what do you recommend given that the population are hardly likely to take to the streets?

 

Exactly Kenny - there were a few suggestions for a rally or similar here on Cag immediately after the test case debacle, but it didn't seem to be taken up with enthusiasm.............this is where we need Bookie to come back from her hols, the French were always good at revolting so maybe she could organise something

[landy_alert]

Hi,

 

What on earth am I reading here?! Judges have a tough time?!! Do me a favour - they get paid quite handsomely to deal with these issues and it must be said quite often at the cost of the financially broken consumer. Give up? I gave up on the legal system in November last year when 'something strange' happened in the Supreme Court regarding unauthorised overdraft charges. I, along with many others, can be wholly forgiven for giving up. However I certainly didn't give up the fight. It must be said however MSE and CAG all pinning their hopes on Govan Law Centre coming up trumps smells a little like giving up.

 

TheyrCriminals

 

Ok TrC - maybe 'tough' was the wrong word - as someone who has been on the receiving end of rough justice from the banks (my OH took an overdose and nearly died 'cos of their actions) I suppose I shouldn't be so forgiving!

 

Socially we used to know a couple of circuit judges and my feeling even back then before we got into financial problems was that they didn't know enough about consumer law and that they were often out of their depth........but who am I to make assumptions!

 

Landy x

[Fred_Funk]

Guys

 

Sorry to intervene here but I've been following this thread with interest and was hoping you might be able to offer me some advice.

 

My claim was stayed pending the Supreme Court case and Cobbetts have now applied to have it struck out. Having made reference to article 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999 in my Particulars of Claim, I shall be objecting to this application and looking to submit amended PoCs concentrating rather more on the UTCCR 1974 and s.140 of the Consumer Credit Act 1974.

 

I am, however, a little bemused by Cobbetts approach and, in particular, their suggestion that if the court isn't willing to strike out my claim it orders a further stay. I don't really understand what all this is about and, in particular, what Cobbetts' motivation could be for suggesting such a thing.

 

There are more details on my thread...

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/265242-stayed-claim-what-happens.html

 

... on which, it goes without saying, I'd be really grateful if anyone wanted to share their thoughts or, better still, offer some advice as to how, precisley, I should proceed.

 

Thanks in anticipation

Fred_Funk

[008139]

Customers hit by ?death blow? in bid to sue banks - Herald Scotland | News | Home News

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/267929-santander-succeed-having-charges.html

[bustthematrix]

How sad, another blip on the road to justice.

 

Well, at least now we know what their plan is.

 

INTIMIDATION.

 

IMO, it's an indication that they are scared, ill-prepared and unwilling to defend their arguments in a straightforward way. How complex can it be to really decide the issue?

 

Well, there only needs to be one positive ruling in a Higher Court and it will all be over with. Once the new arguments are tested, if the consumers win, the banks will start paying out, if not, well, it's game over and time to find new lines of attack elsewhere!

 

But the point is, whatever the banksters do, the new arguments will need to be fully tested.

 

Whatever happens, justice will prevail in the end. Banskters collusions and deep pockets not withstanding. There's much more to life than money!!!

[bustthematrix]

Btw, does anyone know whether there are any cases testing the new arguments put forward by GLC on this side of the border (E&W) ?

[rdm2006]

Customers hit by ?death blow? in bid to sue banks - Herald Scotland | News | Home News

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/267929-santander-succeed-having-charges.html

 

Typical, this is exactly what Council Directive 93/13/EEC of 5 April 1993 was designed to rule out and is a clear demonstration of the imbalance it was supposed to address.

[johnnymitch]

Isn't what we need a 'fighting fund ' to help someone like Alison Watts to take her case to the next level .......... I'm sure there are enough people on here and other sites to raise the necessary(ring-fenced) funding in a bid to get a blanket ruling ....

[jdes26]

There r over 200000 members on this site If we all donate £1 that's 200k I'm in let's start this petition and take on the banks! Il donate £10 to start the ball rolling

[jdes26]

We need an account numb to put money in and someone has to take charge of money! Mayb the almighty bankfodder.... We can do this....does anybody know the exact numb of members????

[locutus]

Registered Caggers: 263,271

Plenty to fund a good case

[kennyh]

I consider that there are difficult questions of law to be resolved in this case.

From the Newspaper article - note my emphasis; if GLC win then the precedent is set and the small claims system is capable of handling so I don't see the banks getting away with this ploy again. No change then.

However must read up on this

Council Directive 93/13/EEC of 5 April 1993

(unless someone can give us an idea on what weight such a directive carries) and would welcome ANY info on what's occuring in courts where the LIPs are deploying other slices of existing statutes Edited July 15, 2010 by kennyh
left out 2 items

[means2anend]

Look I am up for it.... the fund I mean!!! but there needs to be a way of transferring funds into the fighting fund.The issue is too large for such a small cost from each of us and the rewards are great.

 

By definition most of us probably only have a basic account with no transfer facilities I know I have ...SO what alternatives are there SITE TEAM?????

 

m2ae

[landy_alert]

There r over 200000 members on this site If we all donate £1 that's 200k I'm in let's start this petition and take on the banks! Il donate £10 to start the ball rolling

 

Count me in jdes

[timcoombs]

Please tell me if you do not want me to post on here. In 2006 I was assisting clients and sent a message which did not really go anywhere, in 2007 I set up and regulated a CMC but did not ask for money up front. As a few remaining cases are stayed I have tried to lift them but the dreaded threat of financial costs to the client emerged. I am not afraid of publicity or standing up and being counted so in March using the new arguments I issued a claim against the Nasty Bank as an individual and if I fall it is me that gets stung with monsterous legal bills. I intend to seek funding and go public and if there are any surplus funds or I win and get costs I have already arranged donations to two Childrens Wards Neptune in Southend and Rays of Sunshine in Kings College. I have a grandson born at 24 weeks and one pound six ounces who survived but has never left these two wards and I agree that 60 million people in the country throwing in a quid would do nicely for the charities and fund my case. It has been deemed by Cobblers to be a test case and their "key" witness whoever that is wants to avoid 20 days in September because his wife is having a baby, lets hope it doesn't need my charities. I will publicly seek financial help because if I win you all get paid and if I lose you do too. My case is not ill fated such as the OFT and i will be asking for all claims by banks against individuals for debts made up partially or wholly by bank charges to be stayed pending a high court test case. The trial which is where we are will be held in Southend County Court circa September/October with the loser going straight to the Court of Appeal then Supreme Court and European Court. If I have the money and public backing I will not walk away, be coerced, frightened or paid off. While cases have been stayed I have assisted clients with Defences for repossessions and County Court Claims in Essex on an hourly rate with glowing success. All clients come not from advertising but articles written about me in the local press and word of mouth. I have a small staff of 5 including me. Please forgive me if the powers that be do not want this post I can talk offline. My mobile is still operable, my landline has changed. Bank charge reclaims are dead unless someone makes one huge last ditch effort, it aint gonna be anyone else so **** or bust it is me. Perhaps a moderator wants to discuss this before I do my press release edited by my barrister. I have not used this site to feather my nest only to see updates during the stay to see if anyone knew any more than me when further announcements were being made on lifting of stays.

[008139]

?Challenge charges despite bank ruling? (From Echo)

 

 

That's you ?

Edited July 15, 2010 by 008139

[timcoombs]

This is not my site its the moderator, my one and only comment is to someone who wants everyone to put in a kitty and have someone stand up, i am standing up and the story ends there. If the moderator wants to go with this he will contact me if he does not he wont. It is presumably me in the echo it will get publicity as it rolls on. I have a QC who has worded a press realease and represented me in court and will do so further down the line. its simple someone stands up and is shot down or walks tall, end of. This is it the argument that so many including Martin Lewis is now being aired in England and Scotland with at the end of a day a result, what that result is we will all know at some stage and then the chat and hype ends once and for all finito.

Sone wont like it some will but matter closed real soon. If I win I get £4k and my few remaining cases, others were paid out prduces income spread between advisers, if I lose end of me, if I am prepared to do this you may not wish to support me but dont knock me for bringing an argument raging since the supreme court with lots of hot air and no gusto. Just wish me luck, i probably need it.

[jdes26]

hmmmm..........................ok

m2ae what we need is an account number and sort code and everybody

1. transfer by bank

2. pay cash in

3. deposit cheque

 

WHAT IM SAYING IS 230000 MEMBERS PUTTING IN £1

= £230000K

AND IF WE GET A RESULT THEN WE SUBSIDISE IT AND BUILD IT UP SO WE KEEP GETTING "VICTORIES" AND WE "KEEP FIGHTING"

 

so can we get a "site team member "on this.... and can we get a proper thread and everyday we can update whats in the fund knowing that this will gather momentum until we find we have cash to move foward

[jdes26]

maybe we could put a bold statement up on site saying HELP CAG NEED YOUR HELP..... WE WANT EVERY MEMEBER TO DONATE £1 FOR BANK CHARGES CASE TO FIGHT THE BANKS

[Fred Bassett]

Well you can count me in for a tenner at least.

[jdes26]

landy do you think people will donate?????????????????????