stephens case

[MondeoST24]

What happened?

[jonni2bad]

He lost the case.

 

The Court concluded his case had "No Merit"

 

Although, according to the report, this did not mean that the banks charges were fair, only that it wasn't qualified to rule on that matter - it would be up to the financial service regulators.

[Spiceskull]

Hi,

 

The banking item should remain available on the internet until replaced by tonight's programme. I'm afraid there is no facility to offer transcripts. xxxx.xxxx@bbc.co.uk

We have until teatime to take the report on board (at least the televised report...)

[Maxie]

It was certainly an 'imaginative' attempt! In breif the way to get a declaration from the high court is to win at judgment, then get the bank to appeal the the circuit judge, the loose the appeal and then see if they feel up for a fight at the court of appeal.

 

When they issue at the court of appeal, it is at that point one would apply for a delcration - and that is what I am doing.

 

I obtained a judgment onbehalf of someone and now the bank are appealing it, we're in court Tuesday and I will let everyone know what happens! I don't want to say to much before the hearing incase the bank have 'snoopers'!

 

This ruling will have no effect on any other cases what so ever.

[dave]

With respect to Stephen, I think what he has tried to do is a brave and admirable thing.

 

It's a shame that this has happened, not just for him, but for all bank customers.

 

Also, I think we should thank Stephen for helping (in no small part) to raise the issue to a national level.

[BankFodder]

I wholly agree.

[BankFodder]

It was certainly an 'imaginative' attempt! In breif the way to get a declaration from the high court is to win at judgment, then get the bank to appeal the the circuit judge, the loose the appeal and then see if they feel up for a fight at the court of appeal.

 

 

that is broadly what Stehen did in the first case against Abbey.

Of course as we all know, Abbey didn't have the stomach for it.

[Guest stephen]

Sorry, everyone i lost on the Ground that the law says a person can only bring the matter before the court on specific circumstances. Sadly the judge did not believe these where such circumstances. however if thousands of people being ripped off and being left with little or no money and the bank are even reprocessing homes and people are in worst case committing subside over finical problems in not a specific circumstance I don’t no what is.

 

However he did give me the right of Appeal, , however I think his suggestion of seeking judicial review against the OFT is the wiser option. So I am now preparing to take the OFT to Court, or possible bring a Group claim, as discussed with people who have accounts with the banks that are on benefits so they can get Legal aid.

 

I also had been talking to a woman from the BBC, who told me about the one-penny cheque day, which I think, is a good idea,

 

Again, sorry that I lost but I cannot risk taking this to appeal, although I am sure that an appeal judge or House of Lords judge would say that this case was Specific circumstance,

[Bovvered]

Thanks for having the guts to face the giants in the first place - it takes people like you to bring about change

[lee6370]

You have nothing to be sorry about, you, bankfodder, Dave and everybody else who is in anyway connected with this site, has done and is doing a fantastic job.

 

I'm sure that we will win, and I for one will keep fighting this, in anyway I can.

[Janet-M]

You had guts to start this case in the first place and people can only admire you for this.

[ispartacus75]

 

I also had been talking to a woman from the BBC, who told me about the one-penny cheque day, which I think, is a good idea,

 

 

I can pretty much guess what this is about but could you expand on it for us? When, how, who, why?

 

Thanks

[scotia]

yeah...dont be let down by this.....you have given us all someone to look up to.....and the battle may be over ...but the war is just beginning

 

Good Luck for the future

[paulson1985]

I feel nothing but admiration for Stephen. He had the guts to stand up to for what he thought was right and to right a wrong.

 

We all I am sure thank him for making this stand. So he lost the case? Or did he realy his action against the banks gave this cause more publicity surely that is not a bad thing.

 

Well done Stephen you have guts and I am sure you have a bright future ahead of you.

[Guest stephen]

Thank you for all your comments all i say is watch out OFT,

 

 

The one penny cheque day is were every single person send a cheque for 1p if we can get this campaign off and covered by the press

 

We can call it send a penny cheque if you think bank charges are unlawful or a rip off, we could send the cheque to a charity as there is no cost for them to clear cheque, this would cost the bank 40p per cheque. They would soon they would get the message we had enough of being ripped off.

[Natasha]

Well done stephen you done a great job!

[laurawilliams]

 

 

The one penny cheque day is were every single person send a cheque for 1p if we can get this campaign off and covered by the press

 

.

 

 

this sounds like a great idea, is is happenening any time soon? is it a bankaction group thing or are more people doing it?

 

Laura

[towiedyer]

I'm up for the one penny cheque. I wish I could do it everyday and cause Abbey all sorts of grief.

[Tinkerbelle]

same here! I'd quite happily write a few "penny cheques" that Halifax would have to process ;-)

[Guest stephen]

It’s just an idea at the moment, and would need careful planning so we achieved maximum impact, we also need to know that the media would cover the story and get every one ready. So everybody sent it the same day, soon as it confirmed or not we will post again,

 

At the moment I more looking at Bring the OFT to court to get them to apply for a declaration against these charges, (i.e. Do there JOB) so everyone does not have to keep filling court claims, and so that the peopel who cant take court action get there money back.

[laurawilliams]

Having heard about this idea in the thread relating to Stephen Hone's case, I thought this would be a great idea!

 

Two suggestions. firstly, if bankfodder, dave etc will allow it, we could all do it on behalf of the bankactiongroup. not only will this increase publicity of the forum but it will show the banks that we are all united and work together as one.

 

Or, if the mods dont want to be affiliated with it for whatever reason, we could all still do it and encourage others to do it as individuals who are fed up on banks and their charges.

 

 

I dont suppose there is a specific day that we could do it to hit them the hardest? As cheques are dealt with as and when received?? Any future dates that mean anything? ie, significant day for the banks?

 

Hope we can sort something out guys!

 

Laura xx

 

MODERATED post moved .

[Spiceskull]

Also, I think we should thank Stephen for helping (in no small part) to raise the issue to a national level.

I agree...well done and thank you.

[paulson1985]

Same here I will do the same.

 

Please keep us informed Stephen and let us know the details.

 

 

Well done

[dave]

The date, I propose, would have to be a long way in the future (i.e. 3-4 months) - that way we can start a viral email campaign and give it time to germinate.

 

Also, the banks would get wind of it this way too.

 

Personally, I don't think it will hurt the banks - and nor should it - but it should send a message.

 

I also think sending 1p cheques to a charity could hurt the charity more than help it.

 

Whilst it is true that they do not pay to cash cheques, they still have admin costs and will have to enter the amounts into registers etc....

 

I propose that we put the money into a trusted account (in hand) and then forward the whole amount to a charity (perhaps the CCCS).

 

Certainly, we can raise the awareness of the site this way, and I think that that fact can only help more people regain their money.

 

I think that fact alone will hurt the banks more, and may make them realise that they have pushed far too hard for far too long.

[HD]

Can the banks refuse to send you a cheque book?

 

If I was to apply for a new book and then as soon as it arrived I sent off the slip for a new one and so on I could have 1,000 chaques quite quickly:D :D