Sheriff puts Bank of Scotland to proof on bank charges

[manchesteruni]

Is it SRFrench's case ? (don't need any more detail I have just been wondering how he got on but thought he was at Leeds CC)

[caro]

Is it SRFrench's case ? (don't need any more detail I have just been wondering how he got on but thought he was at Leeds CC)

 

No it isn't. I'd wondered about him too.

 

I'm sure if the person had wanted to post about it they'd have done so. I'd rather respect their wish for privacy.

[manchesteruni]

Of course Caro, I respect that. It is a shame but with the very personal emphasis on any case still in the courts system, particularly where based on unfair relationship, I'm not suprised those who have tried to carry on after the SCoJ judgment prefer to keep their cases private. I think if these cases do become public in future people will be suprised just how many people are determined enough, and feel so badly treated, to carry on despite the costs risks.

 

Looking on the positive side, at least we have some progress in changing the future with BCOBS and revisions to the Lending Code, some excellent steps forwards

[manchesteruni]

P.s. Like the blog post linked in your sig - echos my sentiments exactly xx

[caro]

P.s. Like the blog post linked in your sig - echos my sentiments exactly xx

 

Thanks. I guess we've both seen the same things happening and drawn the same conclusions on this issue.

[GuidoT]

That is good news, Mr Dailly fought properly hard for this.

 

http://govanlc.blogspot.com/search/label/Sharp%20v%20Bank%20of%20Scotland%20plc

Edited March 19, 2011 by GuidoT
Added link

[citizenB]

Isnt it just

[seriously fed up]

If i had a hat i would definitely take it off for Mike Dailly!

[elsinore]

Excellent news!

 

Els

[means2anend]

FANTASTIC FANTASTIC FANTASTIC!!!!!!!!

 

WELL DONE MIKE for your persistence and your sense of justice

 

David and Goliath ....scene is set

 

Many rgds to Mike and all at GLC

m2ae

[means2anend]

Unfair bank charges update from Govan Law Centre.

 

''The Scottish Legal Aid Board have granted full civil legal aid certificates in the cases of Sharp v. Bank of Scotland plc and Reid v. Clydesdale Bank plc. This will enable Govan Law Centre to argue that the overdraft charges applied to our clients' current accounts were unfair in relation to s.140A of the Consumer Credit Act 1974, as amended, and separately, regulation 5 of the Unfair Terms in Consumer Contract Regulations (on grounds excluding price in relation to the UTCCR as per the decision of the UK Supreme Court in OFT v. Abbey National plc and others).''

 

Tnks for updating Contador

 

m2ae

[teaboy2]

I have a funny feeling the banks may well panic now. They clearly were worried about defending against the claims, hence why they wanted to go down the expensive route in the hope it would make Sharpe and Reids claims to expensive for them to follow up.

[means2anend]

ERRR!!!

 

Hold on a minute....does this EXTEND to small claims claimants:!:

 

m2ae

[johnnymitch]

Oh , well done , Mike Dailly ... you have really fought your heart out on this issue ... may it bear fruit ... and open the claims floodgates once again ...

 

With ref to your comments above means2anend :

 

I don't think costs are such an issue with small claims .. which is why the Banks' wanted to price Reid & Sharp out of the game ... by convincing the Sheriff that it was "too complicated a matter for the Small Claims Court " .

I hope this bites them in the bum now and they get done for mega- costs in the High Court ... serve 'em right ...

[means2anend]

Johnny...

 

...thanks for clearing that up

rgds

m2ae:-D

[HSBCrusher]

Mr Dally is a star. Well done GLC.. looking forward to some bank "crushing"

[johnnymitch]

Hee hee ! So is Mr Dailly crusher ..... good to see you remotivated though ....

[caro]

Well done Mike and everyone at GLC. This is certainly a step in the right direction.

[Bigdebtor]

Does anyone have any info on when these cases will be heard now?

 

BD

[nodefaults2010]

sorry if this question has already been addressed somewhere, but can anyone comment on how this would affect cases in England if the outcome in Scotland is favourable for the account holders and the banks are seen to have imposed unfair charges?

[means2anend]

VERY PERSUASIVE...anyway these are UK BANKS anyway..

 

the UK as a whole are EU MEMBERS...it would be strange for one part within that EU MEMBERS AREA to be disjointed....especially under the principle of Harmonisation...

 

As has been mentioned/quoted in this thread on past posts there are EU cases in favour of the debtor...and it appears although very slowly that these (SHARP...REID et al)... cases are beginning to 'swim in that direction'

 

m2ae

[means2anend]

BUT persuasive

 

m2ae

[noomill060]

As before, when the Banks were coughing up after a small show of defiance- what are the chances that this will even see the inside of a courtroom?

[Bigdebtor]

As I understand it, the basis of at least one of these cases was that the banks have to show the charges "cover their costs" which is what they used to claim - and that is what they were to be forced to show. At least that's how I recollect this starting off before the banks got worried and tried to get it away from the Small Claims Court (part of Sheriff Court system). Incidentally District Courts are inferior to Sheriff Courts up here.

 

BD

[Bigdebtor]

Don't know - just know Sheriff Courts are more senior, and Sheriffs are pretty powerful up here - not the sort of people to upset at all as hopefully HBOS will soon find out when a Sheriff deals with the "complicated" case of by how much you can rip off a customer before it is counted as a rip off!

 

BD