Just Been To Court!!

[dj9928]

dj, which court/judge was this?

 

It was in Derry Northern Ireland, Don't know name of judge

[hedgey06]

I've just re-read your first post - so he gave you a ticking off and awarded you some charges............... then awarded another person's charges in full?

 

Did he (by any chance) smell of booze??!!

[dizzykate]

well done dj

 

kate

[dj9928]

I've just re-read your first post - so he gave you a ticking off and awarded you some charges............... then awarded another person's charges in full?

 

Did he (by any chance) smell of booze??!!

 

I was the only one claiming bank charges, the rest where against credit unions/insurance companies etc not bank charges.

 

And I hope someone can help with this, the defence solicitor has phoned, asking why I went to court, he phoned me on Monday you see saying the bank will settle for £800, I made sure to word things in a way that I didn't say yes or no. He was under the impression I had settled, he says he is now going to detest this, order alliance and leicester to pay me nothing and take me to court as I am in breach of something or other.

 

Help???

[dj9928]

As you will have read a few threads down i've been to court today, the judge awarded £500 but I told them the banks solicitor had been in touch and offered £800 so the judge changed the judgement to £800.

 

Anyway the bank solicitor just phoned and is not happy, He didn't turn up today as we had a conversation on Monday and he offered this £800, I worded things in a way I didn't accept anything, but he obviously thought I did.

 

He is now ordering A+L to hold off, he has said I have breached something or other, and is now going to take me to court:o :o

 

Help!!!!

[GuidoT]

You must to stick to one thread per claim.

 

It maybe that the £800 offer was probably made without prejudice, so you should not have mentioned it to the judge. Quite apart from this in my view a judge should not be altering the sum because you tell him the other side has made an offer.

 

Anyway, you are probably going to have to wait for written judgement and take steps to enforce, or maybe A+L solicitors will make the first move. I will leave others to come up with some more proactive advice.

[dave]

What is the something or other?

[dj9928]

Some else posted this elsewhere

 

Do you not have your own solicitor to handle this? The problem is that what they were seeking to avoid was paying court costs (sounds like they knew they were going to lose) but most importantly they wanted to avoid a formal judgement against them. But you went to court anyway and they got exactly what they didn't want. So the problem is that, knowingly or not, you have taken action which means they will now fight tooth and nail to get the actual judgement (which would then serve as precedent for future cases) set aside. Frankly, they aren;t bothered about the odd hundred quid, or even the odd grand... you could probably have said last Monday that you would agree not to go to court if they paid you £1500 and they'd have taken it!! Main issue is they do NOT want that judgement on record and they're now gonna do all they can to get it removed. Bad luck....

 

 

I hope it isn;t true!!

[dj9928]

What is the something or other?

 

Apparantly I breached an agreement, but I wasn't aware there was one. And I made sure I didnt agree on anything, and there was nothing in writing, this was a telephone conversation

[dj9928]

You must to stick to one thread per claim.

 

It maybe that the £800 offer was probably made without prejudice, so you should not have mentioned it to the judge. In my view a judge should not be altering the sum because you tell him the other side has made an offer.

 

Anyway, you are probably going to have for written judgement and take steps to enforce, or maybe A+L solicitors will make the first move. I will leave others to come up with some more proactive advice.

 

Yes sorry if you could merge these threads

[GuidoT]

I may have answered this here:

http://www.consumeractiongroup.co.uk/forum/general/101809-i-need-legal-expert.html#post958402

[dj9928]

Yep can someone merge these please

[dj9928]

I think if its going to cause a big stir all this and me end up being in court I'll cut my losses and stop this judgement and forget about the case. I've had enough stress since January with this case and its not worth the agro

[lickthewallfatboy]

have a read at this

 

BBC NEWS | Business | Bank retreats on overdraft fees

[jansus]

As you will have read a few threads down i've been to court today, the judge awarded £500 but I told them the banks solicitor had been in touch and offered £800 so the judge changed the judgement to £800.

 

Anyway the bank solicitor just phoned and is not happy, He didn't turn up today as we had a conversation on Monday and he offered this £800, I worded things in a way I didn't accept anything, but he obviously thought I did.

 

He is now ordering A+L to hold off, he has said I have breached something or other, and is now going to take me to court:o :o

 

Help!!!!

 

QUESTIONS NOT AN OPINION

 

Had the solicitor confirmed in writing to the judge that they had made an offer and you accepted it? or was it just you telling the judge that they had made an offer of £800 - after he made the offer of £500?

 

I would have thought that if Wragges had not contacted the court then they are the ones in the wrong? If you did not accept the verbal offer and they do not have a recording contradicting that - then the solicitors have been lax in not confirming everything in writing before the court date- have they not heard of email.

 

 

At the moment it is only Wragges saying they are taking further action - not the court - so let them prove what they say happened in the phone call.

 

If I was in your position I would email them saying that you do not want to get into a verbal discussion- you did not settle during the telephone conversation- if you had you would not have gone to court. Ask them to confirm their last conversation (the one after the hearing)threatening to instruct A&L not to pay ( against the judges instructions) in writing - so that you can consider your next course of action and send a copy to the court.

(ONLY MY HUMBLE OPINION - NOT OFFERING ADVICE -I AM SURE SOMEBODY MORE EXPERIENCED WILL HELP YOU)

 

I am just mad on your behalf that the solicitors can be angry with you when they broke the golden rule of confirm everything in writing!!!

 

 

jansus

[jansus]

you have gone all quiet? what is your next move -ask the solicitor for confirmation of fridays telephone call in writing? and then post here exactly what they are referring to and what they intend to do?

 

Ther have been other judgements against banks where they did not turn up so I dont quite understand what the problem is?

 

Jansus:)

[Jess68]

Dj also remind them if they try to say they have a recording of the conversation where you supposedly agreed to there offer that they have invaded your privacy by illegally recording the conversation without your knowledge and permission.

 

Seems to me personally they are just trying to scare you off, as someone said by getting a court judgement you could have set a precident, this being the case they will try all the delays possible.

 

I know what stress all this causes, it has a devasting effect on my house, and i know i am going to be soo ill in the next couple of weeks as my court case approaches, but i hope i get in to court indirectly as i am preparing a statement about the effects there time wasting has on ppls lives. It is worth it in the end, if the banks weren't so greedy ppl would moan about the charges but not have a major issue with them but they are just plain dispicable .

 

Wonder if its worth lobbying the new PM and requesting he makes his stamp on government and do something for the majority of us who are coping with this, ahead of any up and coming election if not contact David Cameron and get him to take it on as an election issue, something the labour government wont deal with.... gotta be a vote winner either way haha