Tom Brennan v NatWest - This is a must-read!!!

[Shoestring]

Oh for the love of allah...everything is a conspiracy isnt it?

 

Christ, if this case was to kick off on the 1st of April you would be here bleating about this being a aprils fools joke...or if it was 5th of November then no doubt you would be tieing this in to some kind of masonic symbolism and how this relates to bringing down big business (ie. blowing up parliament = bringing down big businesses!)

 

 

Gee, I dont know where your pessimism comes from BUT if nothing the judges have proven time and time again to be completely independent of Government and big business...but then I guess thats just part of the conspiracy isnt it?

 

 

Aye? If he does well its because he is part of the conspiracy? And here I thought it came down to ones ability...how naieve of me! :grin:

 

 

Sorta like how everyone forgot so quickly about credit card charges.

 

 

Crickey, I reckon you need to get out and smell the daisies my dear friend cause sooner or later you are going to start blaming this all on GW, Oil and the new world order! :grin:

 

Mailman

 

Oh mailman, what a pity I have been absent and could not attend to your self illusions in a more timely and detailed way. Life is sometimes cruel, don't you think...

 

As I read the pages of this thread on my return, I also noticed another poster state that "I don't believe in conspiracies" -- which really made my morning. I'm going to be chuckling about that all day long.

 

Cor blimey, chum, they really 'ave your mind in their pocket don't they.

 

Speaking from personal experience I can categorically state that conspiracy is to business what chocolate is to a sweet shop. One could not exist without the other. Conspiring occurs at all levels of business. In-house conspiring to foster self promotion, conspriing to remove competition, conspiring to unlevel the playing fields, conspiring to win an important order -- it goes on and on and on.

 

Only the naive are blind to it. In your case, willfully so, I suspect.

 

And, of course, the City of London, being a self governing geographical enclave -- that even the Queen requires permission to formally enter -- has its own police force as distinct from the Metropolitan police. It has its own Mayor and assembly (known as the Corporation of London) which must **** off Ken no end, I should think.

 

It has lots of joyful institutions that are not that well known about, in fact. Joyful and powerful and connected. Especially the latter two.

 

For those with a memory, they might remember the morning back in the Nineties when former PM John Major awoke with a start from his prolonged fantasy dream of being the prime minister, to be met with astonishing news that the City of London police had thrown a cordon sanitaire (armed) around the "Square Mile" to protect it from IRA bombs. Major hadn't been consulted about the move and his permission was not sought.

 

Imagine that.

 

Naturally, the Brennan case was held in a City of London court. No surprises allowed, you see.

 

So mailman, it's back to your comics and cuddly toys myopia.

 

Shoestring

[mailmannz]

Only the naive are blind to it. In your case, willfully so, I suspect.

 

I guess its true, any fool can believe a conspiracy

 

Watch out, the tooth fairy doesnt exist...nor does Santa!

 

Mailman

[crfx250]

Tom Brennan has now lodged his appeal papers having only received an approved copy of Judge 'Action Man' Simpsons' judgment on Tuesday and has been working furiously to get the appeal in on time.

 

He will have a permission hearing in 3 to 4 weeks in front of a High Court judge to decide if their are grounds for appeal and if so whether it will be heard in the High Court or Court of Appeal. I have a copy of the judgment and will ask him for permission to post it here.

[Kevboy_telford]

Hope this time it goes better than the last

(ie hope he gets a different judge - maybe we can get Judge Cooke down for a flying visit???? )

[crfx250]

Hope this time it goes better than the last

(ie hope he gets a different judge )

 

He couldn't do any worse. The judgment contains a blindingly obvious error in the calculation of what he was claiming and what he was refunded. As the judgment relies strongly on the basis that he has ''already had sufficient compensation for his claim'', it won't do his chances of an appeal any harm

[crfx250]

Here's the judgment

bren300707APP.pdf

[Castlebest]

Oi !!!... leave District Judge Cooke alone he's my Judge

 

pete

[Kevboy_telford]

no

I messed up first

pwned :D

[Castlebest]

Those were different times Kev and we all learned lessons from your missfortune.

 

pete

[noomill060]

And dont forget Kev, you have made it into the law books of Olde England.

 

Few people ever manage this. Your name will echo down the centuries!

[TideTurner]

You can hold your head high Kev, you took them on and that's good enough to earn my respect Kev. Also, your conduct afterwards is commendable.

 

One day you'll reflect on how much help you gave others.

 

All the best

 

Tide

[crfx250]

Here are Tom's Grounds for Appeal lodged with the high court.

 

It makes interesting reading.

Grounds of Appeal final.doc

[FANTASY CHARGES]

Here are Tom's Grounds for Appeal lodged with the high court.

 

It makes interesting reading.

 

http://www.ftc.gov/os/statutes/031224fcra.pdf

 

IT SEems in the usa you can get damages for things wrongly added to your credit report

 

IV) No Damages for Adverse Effects on a Consumer’s credit rating

HHJ Simpson’s ruling that only trading customers can claim damages for adverse effects on their credit rating was wrong. This decision went against the only authority put before HHJ Simpson.

[Shoestring]

Fantasy Charges wrote:

 

" IT SEems in the usa you can get damages for things wrongly added to your credit report"

 

Quite right too. If some one either by accident or design defames someone -- or inhibts their ability to live and earn an income, they should be subject to heavy damages.

 

But banks and businesses over here, by virtue of the golden get-out-of-jail-card successive governemts have bestowed upon them, can engage in unlawful (and sometimes criminal) activity without care or consideration of the consequences.

 

Shoestring

[TideTurner]

Fantasy Charges,

 

Yes, it is also easier to claim for exemplary charges such as hardship and claims for invasion of privacy and defamation.

 

Seems they are more aggressive when it comes to fairness and balance over there.

 

Tide

[crfx250]

Still waiting for the decision from a high court judge as to whether he can appeal. He recently called the court for an update but was told that the delay was because the court were ''still waiting the the judge to return from his summer break''.

 

It never fails to amaze me that the timetable for British justice seems to revolve entirely around the leisure pursuits of the judiciary.

 

I'm not sure if this has already been posted but here is a 2002 House of Lords judgement that Tom seems to think has already ruled that penalty charges are unfair. Also, here is a letter he wrote to DJ Cooke on behalf of Kevin Berwick.

Letter to DJ Cooke.doc

Director General of Fair Trading v. First National Bank [2002] 1 A.C. 481 (1).pdf

[Kevboy_telford]

Is it me or does he seem to get the judges that have long holidays.

I think its time for a change of career :grin:

 

Does he have any idea of how long the delay is? weeks or months?

[crfx250]

Is it me or does he seem to get the judges that have long holidays.

I think its time for a change of career :grin:

 

Does he have any idea of how long the delay is? weeks or months?

 

He was told 'a couple of weeks' but whether that excludes 3 month cruises to the Bahamas, I'm not sure.

[bennyowen]

I don't think it is anything to do with holidays. The courts seem to be resisting the idea of bringing the banks to book. I don't know whether to call this preferential treatment.

[patrickq1]

weird i just read the judges decisions above cf and not half an hour ago i brought to your attention on another thread based on different priciples its a law i was reading last night and thought i shall ost this to cf and see what you think and is their an argument their ...weird anyway for the other learned folk on here i will put it on here and let you research and give a case for arguements

will be fun..

EXCLUSION CLAUSES

[alecmac18]

"I don't think it is anything to do with holidays. The courts seem to be resisting the idea of bringing the banks to book."

 

A: Of course they are. If it wasn't for Tom Brennan's case going through I think the OFT and the FSA would have stiched up claimants long ago. His case is the thorn in their side. He's doing what the OFT should be doing.

[crfx250]

Just got this from TB which speaks for itself

Just to keep you up to date on the latest developments: a high court judge has reviewed the papers, but has refused permission to appeal. This is unfortunate, but not the end, as I have the right to ask for that decision to be reconsidered at an oral hearing. This I have done, and the hearing will be in about 3 weeks time. The Court are keen to have this heard soon, so that if I am given permission, the appeal will be heard in advance of the Office of Fair Trading test case in December.

This is going to be a very tough hearing, and I am taking two weeks off work to prepare, to give myself the best chance of succeeding. I don't know if you can make it down to London, but you may want to come along to the hearing. It should be interesting, and I am determined to make a good fight of it.

[alecmac18]

I don't see how the judge could refuse it...............

[crfx250]

Tom Spoke to the court yesterday and a date for the oral session is expected to be announced next week, for about three weeks time.

 

Although a judge is yet to be appointed it could well be the same judge

that turned down his appeal papers. Natwest are almost certain to be

represented

[tifo]

I'm not sure if this has already been posted but here is a 2002 House of Lords judgement that Tom seems to think has already ruled that penalty charges are unfair. Also, here is a letter he wrote to DJ Cooke on behalf of Kevin Berwick.

 

 

Excellent! This could be useful ....

 

But ... does it matter that the case concerned refers to UTCCR's 1994 as opposed to the current 1999 and had anything changed in between?