My Case Today

[Maxie]

Well, the bank won the battle but we wone the war!

 

In essence, I had a client who issued against a bank for charges of £1458, with a total claim of £1683 The bank offered the repay £1458 which we accpted with a proviso that the action would be discontinued once we had received a cheque. The bank didn't send any money or put in a defence so we went to judgment and obtained this in default.

 

The bank then sent payment and requested that we agree by consent to allow the judgment to be set aside - we refused.

 

So today there was an appeal the set aside. What the judge found was that although the judgment was obtained correctly, and the bank had no followed proceedure he fult he need to use his discretion to set the judgment aside. The reason? Becuase we had been 'to nice'!! When we had received the payment of £1458 we marked the judgment as satisfied with the court. In essence we had compromised our own judgment as we had agreed to be satisfied with a lesser amount.

 

So let the lesson is: expressly write to the bank and tell them that when accpeting settlement always add on that you will contiune with proceedings until you receive payment and if not payment is received within 28 days of the date of issue you will seek default judgment regardless of settlment. This will cover you so you have 'preserved the right to contiune with the original claim'.

 

Secondly, if you do obtain judgment enforce the whole amount - don't be tempted to accepted the settlement sum as this will give the bank a good line to set aside the judgment.

 

As the judge said, "next time go for the lot and send in the bailiffs!!"

 

He did however say that the the original claim that the charges levied were "without question penalty charges and indefencable at law" these are his exact words - interesting!

 

The best part is that he did not award costs to the bank, as he found that although technically at law they had the argument, they had acted in 'a cavalier, decitful and underhanded manner' and due to there clear disregard for procedure it would be entierly wrong to penalise the claimant for that. I enjoyed that bit!

 

All in all, its cost the bank over £3000, and they are not able to recover any costs, and the judge found that our original claim well founded. So, some of you might not see it, but from a lawyers point of view it was a good day!

[Spiceskull]

Sounds like a good result to me. And it would seem that the moral is: if you are going to kick them, kick them until you run out of shoe leather...I must remember to get a new pair of boots. Well done.

[spartagates]

I'd love to know what the specific evidence you used to win the judge over so comprehensively; I'd like to start building my own file up and the help would be great as at least it made it to court this time so a judge could make a decision, which is a rarity!

[Neo]

So did the goody get his money back?

[fallen404]

So this is another recent precedent we can quote in cases to come?

[Maxie]

So did the goody get his money back?

 

Now that the intersting thing. At no point did they attempt to recover the monies paid - it was only about them wanting the judgment itself set aside, and the judge made it clear any defence to the original claim would have no merit.

[Dave Johnson]

He did however say that the the original claim that the charges levied were "without question penalty charges and indefencable at law" these are his exact words - interesting!

Very well done.

Dave

[Maxie]

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