Maguire1980 V Bank of Ireland

[maguire1980]

I'm at an advanced stage with my BOI claim. The claim relates to a business bank account which has now closed. The cases are due to be heard on the 5th October.

 

The claim was for near £4000 so I still the claim into two smaller amounts. I then went ahead and filed the claims with the courts and have received their response.

 

They have disputed the claim on the following points:

 

That I referred to them in the claim forms as the Bank of Ireland and not The Governor and Company of the Bank of Ireland (how was I meant to know that )

 

Charges were correctly applied in accordance with the terms and conditions

 

The charges that were applied to the account were not applied pursuant to an unfair term of a contract as alleged

 

Denys that the terms and conditions are unenforceable

 

The applicant has commenced two actions in the Small Claims Court in respect of bank charges applied to her account. The total claimed is £3951 and exceeds the Small Claims Court limit. These cases should be amalgamated and transferred to the County Court or written down to £2000 plus interest thereon and one court fee

 

Counterclaim:

They also lodged a counterclaim for £352.76 and £72.38 in interest on an unpaid overdraft as the account was closed (I have to check this to see if this is correct - I honestly dont know at the moment) and also their court fee of £18.

 

Has anybody any advice on how to prepare for the day in court?

[purplefile]

Chances are you wont get there. Hang in there and someone with knowledge will be along soon.

 

PS I have just started against B of I Business account.

[maguire1980]

Good luck with your claim

[maguire1980]

Hi there,

 

Court case is thursday - does anyone have any advice on how I should prepare?

[pmcmurrough]

I there sorry I have only seen your post today and too late to give you any advice. I started my claim against the BOI way back in Feb. The court date was posponed until Sept. They did actually turn up then and the judge adjourned until Nov 21st as the BOI said that the second statement from the OFT will be out by them (It wil not!) But the judge said that unless a settlement is reached he will hear the case and if needs be it will be the test case in NI as no other (at that point) had actually been heard in the court all others had been settled (i think this is still the case - if anyone knows differently please let me know).

I am fired up for this and cannot wait until Nov. They have had ample opportunity to offer to settle and they have not (haven't even contacted me). I sent them a letter after the case telling them I would settle for only those charges that actually exceeded their actual costs and for them to outline and itemise the charges. Of course they did not reply.

 

But it looks like BOI are actually going to go into the court to fight this. Absolute madness as the law is on my side and if/when they do loss it will cost them and all of the other banks millions as this will act as a test case.

 

Very interested to know how it went today.

[danny_kiernan]

Hi All,

 

I have just applied to the Bank of Ireland (personal account) for the DPRS, but have a couple of questions:

 

1) I live in the UK and my branch is in Dublin (eire) am I still able to take them to a UK court?

2) Will the fact that my bank account is held in Ireland have any legal ramifications?

 

Thanks In advance

[carriexs87]

I am also going to court on 21 Nov against the Bank or Ireland - my time is 10.00 court number 4 - what are you?? Are they trying to get us all together to save themselves some money????? Mine was originally 4 IOct and I had to cancel it and now is moved to Nov date - am dreading it!!

[noomill060]

Danny- If your account is in Ireland, do you really need to ask if it is subject to the law of the United Kingdom?

[big aid]

the fees and charges applied in ROI are a lot smaller than up here.

there may already be something in place to keep the charges down