I need a defence for county court for bank charge reclaim?

Stuart H

Wow youve had some unhelpful answers!

Firstly you dont need a defense as its the bank that is defending your claim.
These cases are rarely heard and if they are its in a small room in the court building. You just explain that your trying to reclaim the unfair charges you dont need a solicitor or anything. Theyre are 50,000 people doing the same thing as you.

What i cant understand is why you case has not been put on hold.

Plus you can put your case in writing and send it to the court if you cant attend.

Scooby Doo

they will pull out before the date in question, they will not want to set a precedent

shambling

Hold on - why do you need a defence?

You are claiming against them surely they need to defend the claim.

If the case goes ahead make sure that you attend otherwise you could be liable for a contempt of court charge - that will cost you Â£70+.

Sandi

Arrange some respite care for your son on that day or ask the court/judge for a carer for the time you will be in court. Your solicitor/legal council should be able to arrange something. If you are passionate about your claim you should see it through (take the child into the courtroom if you have too), otherwise think twice next time and give it up.

Aubreigh S

Try reading my source. I'm sure it would help you. Just try that.

Bob T

have no idea

man290663@btinternet.com

not sure why yours is still on.
All cases were supposed to have been held until high court has made judgement - best phone the court to check.

also you MUST attend in person otherwise the case is dismissed. no proxy is allowed.

Best phone court for advice to save a wasted trip or even worse having it dismissed because of your absence.

sensible_man

You either go to court or you don't get the judgement in your favor. Your choice. Why did you bother to file for it if you knew you couldn't go to court? There are people who will watch your son.

frank S

Did you not think of this before you went ahead?

FOOTNOTE: Cases such as yours has gone to court and it was found that the Banks have not acted illegally and have ruled in favour of them. The Courts involved were not high enough for their ruling to set a precedent.

The issue that has made all the publicity is whether they have charged an unfair amount and the jury is still out on that and will drag on for some time yet.

Emmanuel M

Well get some one to look after your child on that day and get a legal barrister ,to defend you and go through your case and, show him all the documents you have, he will work out your defense and on the day in court he will represent you and state your defense ,you will find that every thing will get better ,and an arrangement will be made and you will be given a chance to reclaim bank charges

"isitme"

Are you after a defence not to attend court or the bank charges?

If it's for the former, you may ask for an adjournment which, as you instigated the proceedings, you probably won't get.

If it's for the charges, you don't need a defence. The basis on which the claims are being made is that the charges are unreasonably high. You don't dispute the charges, merely the amount you've been charged.

vibalfarley@btinternet.com

Bloody hell there's some self righteous nazis on here today !!!!

You hang in there and don't let them get you down, the chances are that the bank will probably trying to call your bluff and will pull out prior to the case and make you an offer.

Isitme offers some sound advice,

corzich

Play the chick card and cry about your son in court. It's your only hope.

Dan H

Quite a few people don't seem to have a clue about this. It's a civil case (she has not broken the law). There has been a consumer revolt for quite some time, and a recent ruling suggest the courts agree that the banks are in breach of the law for their ridiculous charges.

http://news.bbc.co.uk/1/hi/business/7274669.stm

http://news.bbc.co.uk/1/hi/business/7364422.stm

http://news.bbc.co.uk/1/hi/business/7364457.stm

Those links are for the some of the people who answered this question, and since the banks were breaking the the terms of the Unfair Terms in Consumer Contract Regulations in the first place it does not seem right to use the issue as a pretext for charging customers for ordinary services. Just my opinion.

The person who said the they'll pull out is probably right, as they almost always have done. Make sure you have and understand the standard reasons people are reclaiming them, which should be on this site linked before and then you'll have confidence in the event they do carry it on you can give it your best shot.

http://www.moneysavingexpert.com/reclaim/bank-charges

For the difficulty of attending court, Citizen's Advice Bureau will advise you about that. I would have thought there is something that can be done in this case.

There have now been occasions when it has gone to court (eg http://news.bbc.co.uk/1/hi/business/7363790.stm), but these don't seem to have set a precedent.

waldo_mcginty

According to the BBC today the bank charge issue is going to further appeal I think the "Which" consumer organisation is following developments I don't know if they give advice over the phone but it might be worth giving them a call.

carolyn c

You will probably find that a few days before the case will be adjourned due to the OFT case against most banks is still ongoing. I am surprised that you have not thought of what it is you were trying to claim back. The terms & conditions of your bank account state it is your responsibility for keeping your account in credit or within an agreed overdraft limit and if you breech those terms then a penalty will be applied. When this test case is finally resolved you will find that people like yourself will cause people who do not breech the banks terms & conditions to be penalised because the banks will start to charge everyone a monthly account fee like they do in the rest of europe. At present the banks are stuck between a rock and a hard place simply because they either let you go overdrawn and charge you for the privelage or they decline debit card transactions or direct debits causing you great embarrassment, either way you would complain so I really do not think you have a case.

Imastroppycow

www.citizensadvice.org.uk

spook542

Let me understand this.

You were charged by your bank probably for not keeping your account in credit. the charges would have been in accordance with the agreement form that you signed when you opened the account.

What's to claim back????? I can't see a "defence".

Lars H

Lawyer? Have what you need every peice of paper in the world related to yur problem.

Lovin29

I agree with A.C.M and vib....I've reported the harsh and unnecessary comments as well. They weren't answers- they were judgments.

Anyway- you've been given some good advice so far. I'd just like to add- be proactive, strong-willed, and polite. Attitude does play a role in how far you get, what kind of leniency etcetera.

Good luck!

Liam o

Just explain you can't attend due to lack of care for your son and send someone else who you think can deal with this. As stated before they will more than likely settle out of court.

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