MacBoy Vs. Halifax and Hello To the Group!

[TUTTSI]

Hi Mac

 

This is looking very extremely good to me - not that I understand everything but I am sure the Judge will understand it.

 

Keeping my fingers crossed.

 

Good Luck

 

Tuttsi xx

[MacBoy]

Update - Current Account

 

Standard Stay letter rec'd today.

[TUTTSI]

Update - Current Account

 

Standard Stay letter rec'd today.

 

Mac...what a bummer after all your hard work.

 

tuttsi xx

[MacBoy]

Well yeah.. but there's not that much I can do about it, Tuttsi . I'm not a hardship case, so Ill just have to deal with it I guess.

[**Tilly**]

Update - Current Account

 

Standard Stay letter rec'd today.

 

 

 

 

Sorry to hear that mac:-x

[MacBoy]

Update - Current Account

 

AckoS filed @ Lambeth on 19/08 with intention to defend.

[MacBoy]

Update - Current Account

 

Defence arrived at the weekend, with a £200 AQ fee to pay. Also included (slightly worrying), was the fast track/Multi Track leaflet - I was hoping to be able to keep it away from those. I have until 3rd Nov to file AQ.

 

Claim No: NLBXXXXX

 

IN THE LAMBETH COUNTY COURT

 

BETWEEN:

 

Mr. M. Boy

 

Claimant

 

~ and ~

 

BANK OF SCOTLAND PLC

 

(SUED AS "HALIFAX (BANK OF SCOTLAND) PLC")

 

DEFENCE

 

1. On 27th July 2007 a "Test Case" was issued in the High Court between the Office of Fair Trading and a number of banks (namely Abbey National pic, Barclays Bank pic, Clydesdale Bank pic, HBOS Plc, HSBC Bank Plc, Lloyds Bank Plc, Nationwide Building Society and The Royal Bank of Scotland Group) Plc in relation to the recovery by personal current account customers of charges paid by them to the banks.

 

2. The Defendant respectfully requests that this claim is stayed until further Order pending the final decision in the Test Case.

 

3. The Defendant intends to defend this action, and will file a full defence within 28 days of the expiration of the stay in proceedings.

 

3.1. It is intended that the full defence will also address the Claimant's claim in relation to any issue raised concerning compound interest and any aspect of the claim relating to charges applied prior to the applicable limitation period. The Defendant does not propose to address these matters at this stage until the substantive issue of the legality of the charges has been addressed as a result of the Test Case.

 

4. In the meantime, the Defendant makes no admissions to the particulars of claim, and the Defendant denies that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

 

The Defendant believes that the facts stated in this defence are true.

 

XXXXXXXXX XXXXXXXX

 

DLA Piper UK LLP

Defendant's Solicitor

[sallysas]

Time to gird your loins then. £200 though- do hope you've got it to hand. Here's hoping the test case come to fruition in January but I've been busy elsewhere recently so am out of the loop. All the best, as always

[**Tilly**]

still keeping my beady eye on you Mac

[sallysas]

Any news? What interest rate did you use for current? Piper are solicitors in my claim against Sainsbury's. Can't say I'm impressed with them.

[TUTTSI]

Hi Mac,

 

Any progress yet!!

 

..........and hi Sally, long time no see.

 

All the best

 

Tuttsi xx

[MacBoy]

Sally, TUTTSI

 

Although all seems quiet, things have been buzzing along in the background with research, preparations and so forth.

 

Bank Account is stayed as you know, but Credit Card Interest Hearing (compound vs. simple) is a week tomorrow, 15th Dec.

 

Will keep everyone posted

 

Mac

[TUTTSI]

Good luck for your hearing on the 15th, lets hope you have a judge that understands all your arguments like Bud did!

 

You have a strong POC and have done your homework.

 

All the best Tuttsi xx

[MacBoy]

Halifax surprised me by serving a Witness Statement, along with a Skeleton Argument written by a top Barrister and an intimidatory covering letter at 9am this morning by FedEx. That's ZERO working days before the trial.

 

Am working on responses and getting my bundle together, although I am going to first try and nail them for breaching the Judges orders that they must have their documents in by 1st December.

[TUTTSI]

How do these banks get away with doing as they please and flaunting the Legal system. Especcially when they know they are up against a lay person they think they can just do as they please.

 

I expect it means that they are also late with getting the papers to the court for the Judge to have looked at it in advance of the hearing. So don't think the Judge will be too impressed. I think they have tried it on with the hope that you will back down before the hearing.

 

Looking forward to hearing that you get the result that you want.

 

All the best

 

Tuttsi xx

[MacBoy]

Update

 

Case has been adjourned for a period of "2-3 months" for a Directions Hearing in relation to the current Test Case for Bank Account cases.

 

DJ said that he had 'concerns about this case at either end', saying that on the one hand he felt that the only way he thought my claim could go forward was as 'a contractual claim'; and that the establishment or otherwise of this had a dependency on the full outcome of the test cases.

 

He said that on the other hand, The County Court was a 'creature of statute' and was not convinced it could actually award compound interest - even though he was 'fascinated' with the case itself.

 

He said that although he accepts that the test cases relate to current accounts, that the fates of the two are 'intrinsically linked'. He also stated that, according to a conversation he had recently with the DCJ, a number of CC cases are being stayed along with bank account cases and that he felt this was the right thing to be doing.

 

'I can only say that had this case not come before a Deputy at the last hearing, it would not be here in its present form this afternoon', he declared, clarifying that this was not in relation to the case's merits but from a case management standpoint.

 

He was complimentary about the way I had presented my case and quite scathing about the Defendant's reasoning as to why they thought I couldn't go ahead using Sempra.

 

In fact he all but said they were wrong and I was right!

 

However, the Defence Barrister continued to argue strongly that the trial should go ahead today. By this time, I was clear that tactically I had to play on the Judge's uncertainty and fall into line with him; because I felt sure that his nervousness about the County Court re. compound interest, could lead to problems for me.

 

So, when he came to ask me what I thought, I agreed with him. The other side looked a bit disappointed but I was happy - the last thing I wanted was to end up in the High Court.

 

I know some may find his puzzling - but I think I got the best outcome I could hope to come away with today.

 

Directions to follow, costs reserved (the Barrister was barking like mad for costs, trying to intimidate me LOL).

 

I'll summarise the order here when I get it.

 

Mac

[TUTTSI]

Hiya Mac

 

Sorry that you did not get the result you wanted to day, but all is not yet lost.

 

Did the DJ make any comments about the lateness of the othersides late filing of their paperwork.

 

Tuttsi xx

[MacBoy]

He didn't, and I didn't play on it Tuttsi - although the barrister asked me beforehand if I was planning to. I definitely considered it -but once aware of the DJs other concerns with the case decided to pick my battles.

Edited December 17, 2008 by MacBoy

[photoman]

Not a resolution and payout.

 

But a fair result of sorts.

 

At least you now have 2-3 months or more to prepare for any further hearings and know what kind of defence to expect. They're unlikely to be able to throw any last minute surprises upon you for next time... at the last minute as usual.

 

Also encouraging that DJ saw merit in the use of Sempra case.

 

I wouldn't be surprised if you receive an offer quite soon.

 

PM

[angel_1]

hiya MacBoy

 

im impressed too, wow what a fab learning curve thread

 

am subbing so i can keep tabs on this as im going to soon get my upto date claim into halifax

 

a little breathing space now

 

more time for you, but great the judge was impressed with your work effort

 

and you did well not to get intimidated by other side barrister, and to think they have had all their training and legal info and yet it still didnt quite go their way today, so folks its down to the preparation of the case, the points you can battle and choosing the right battles to fight,

 

all tips for me in the future

 

take care all

 

laters angel x

[MacBoy]

Thanks for the feedback guys. Yes Angel, you are correct it is all about prep. I'd also add, for those going for compound interest, reading your case law and understanding it; not just being able to parrot it.

 

Photoman - the interesting thing (and in my view a strong indication that the banks are running scared on compound interest and Sempra) is that for this trial, they hired a very highly-rated (Legal 500) Banking Barrister from probably the pre-eminent Chambers for complex banking cases, Fountain Court. These guys don't come cheap. They are definitely worried.

 

Someone is going to break through soon.

Edited December 18, 2008 by MacBoy