Contempt of Court ?

[Louisk]

I was wondering - if before going to court you were to inform the bank that you would require a breakdown of the charges to be presented in court, if they failed to do so would this be Contempt of Court ?

[Seminole]

I think you need to read the FAQs and Library with a particular emphasis on the civil procedure rules.

[Maxie]

No, it would not be contempt of court unless the court had made an order that on the hearing of dd/mm/yy they bank were to do so.

 

It would be failure to furnish information, and you would have a argument, good argument that they claim that their charges are fair and reasonable and do not generate profit but are unable to prove it.

 

Remember, in a small claim 'disclosure' does not apply but part of your trial would be to put the bank to proof that the charges are indeed a 'pre-estimate of damages' which of course that will not do!

[Louisk]

Thanks very much Maxie

 

Is there a procedure to ask the court to request this break down?

 

As I understand it, I can't see any Bank actually going to court if they are forced to provide this information.

[Maxie]

You really have to do it at trial, but you could also include it in your particulars of claim. Something like :

 

'the claimant claims that the charges levyed to the account are unlawful by virtue of the UTTC regulation 1999 and puts the defendant to proof that these charges are an acutal genuine pre-estimate of loss flowing from the contracual breach and not designed to provide profit for the defendant in the course of these business'

 

Then at trial (if it got that far) under oath ask the bank to declare that their charges are not designed to make profit and if the had the balls to say 'yes' ask them to prove it by providing a breakdown. They of course will not because a) they are penalties and b) open court is public domain and so they can not control it with there gagging orders!!!

[Nightmare4banks]

Hi all!

 

Now,louisk - contempt of court is a criminal offence.

 

This would arise due to the failure or actions by either party in a court of law in breach of a judge's decision.

 

For,example:

 

Say somebody applied for an Injunction (a civil court action) to stop another person from harrassing him/her.

 

The Judge then imposes the order not to harrass on the harrasser - and he/she (the harrasser) disobeyed the judges order - then the harrasser would be arrested and imprisoned for contempt of court.

 

To disobey a judge's decision is considered "contempt of court" making it an arrestable and imprisonable offence.

 

You could apply to strike out any defence with costs if the bank failed to provide the information - regarding the breakdown of costs but this would be only if the bank applied to have the case heard under the Fast Track Procedure.A bank MAY try to do this to you scare you off claiming back the money it has taken from you.

However,you show the court that the bank just wants increase costs which are totally not needed and unjustifed and contrary to the Civil Court Rules.Make the bank look more stupid than it already is!

 

Otherwise and especially after the very recent OFT ruling just carry on with your claim to the money that the bank has taken off of you by following the procuderes as outlined on this web site.

 

I hope you find this information useful.

 

If you have any more questions,please free to ask.

 

All the best!

[Louisk]

Thanks Everyone,

 

I was hoping to find a way of deterring the bank from going to court; I thought forcing the bank to prove it's charges and failing to do so would be contempt – obviously not.

 

I remember reading a post some time ago about someone who took NatWest to court (my bank) and was confronted with a Barrister AND solicitor in court and lost the case, can’t remember why.

 

Don’t fancy getting into a David and Goliath battle unless I have a very large rock and a catapult. Will send DPA Tuesday anyway.

[Louisk]

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