LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

[Kafka]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

no he couldnt, the Judge has no input on the transcript of proceedings, only the judgment itself does he get to approve. If you use Posib the transcribers i use, they will put everything in

Thx

It'll be interesting how they report it because it happened so quickly and you weren't clear precisely what was said that seems to get his back up.

[orfoster]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

no he couldnt, the Judge has no input on the transcript of proceedings, only the judgment itself does he get to approve. If you use Posib the transcribers i use, they will put everything in

I think this would be an excellent idea! How do we get this from the Court?

[pt2537]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

I think this would be an excellent idea! How do we get this from the Court?

you need a Court form EX107, it costs money sadly but id expect no more than £150 to obtain although proper enquiries would be needed.

[pt2537]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Thx

It'll be interesting how they report it because it happened so quickly and you weren't clear precisely what was said that seems to get his back up.

digital recording so its gonna show everything

[Tools]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Wouldn't Howlett's be prepared to obtain the transcripts?

[pt2537]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Wouldn't Howlett's be prepared to obtain the transcripts?

Unlikely, the work on this case has already been done pro bono, so i doubt the firm would spend money as well on the transcripts.

[leclerc]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

roughly how much is it likely to cost?

[pt2537]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

roughly how much is it likely to cost?

difficult to say, depends on the length of the hearing. I would expect a day to cost somewhere around £150-200 roughly

[Kafka]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

About touch over 3 hours I'd say.

[ncf355]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

I'll contribute to that if you're looking for donations - greater good and all that

[ploddingon]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

I had a few cases on hold. Has anyone else tried claiming since this victory? Are there any other relevant threads worth looking at? I would like to give it a go, as I am very short of cash.

[guitarsnspanners]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Is there any update on this case? I'm keen to hear if Lloyd's did actually appeal, and what the outcome of that appeal was. It' be great to think that the argument used in this case would have an application for other charges claimants

[EXC]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Is there any update on this case? I'm keen to hear if Lloyd's did actually appeal, and what the outcome of that appeal was. It' be great to think that the argument used in this case would have an application for other charges claimants

Lloyds didn't appeal but the claimant sought leave to appeal the part of the judgment that confined the effect of the unfair term to just the claimant but it was dismissed at the application hearing on jurisdictional grounds ie a County Court cannot make rulings that bind other courts.

There is another long running case (unrelated) against another bank that's knocking on the door of the Court of Appeal which is attempting to introduce the same arguments on the strength of the Foster-Burnell judgment although it's a bit of a long shot whether it'll be heard.

[guitarsnspanners]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

Lloyds didn't appeal but the claimant sought leave to appeal the part of the judgment that confined the effect of the unfair term to just the claimant but it was dismissed at the application hearing on jurisdictional grounds ie a County Court cannot make rulings that bind other courts.

There is another long running case (unrelated) against another bank that's knocking on the door of the Court of Appeal which is attempting to introduce the same arguments on the strength of the Foster-Burnell judgment although it's a bit of a long shot whether it'll be heard.

Thanks EXC.
So, that's confusing really.

Even as the case cannot now be used to set binding precedent, surely the overall precedent was the part of the Hasotag case used in making the judgement that said the charges were assessable for fairness as they could be updated and changed at any time? I thought that this was the part of the argument that effectively superceded the UKSC judgement enabling the Foster-Burnell case to be successful?

Also, what is the other case please. and is there any update for that?

Sorry for all of the questions, I'm watching this very closely as I'd like to find out if I can use these arguments against Nationwide, who took nearly £2000 pounds from me, and which was (at the risk of sounding over dramatic) financially crippling. So I'm sure you understand my interest!

Thanks again

[EXC]

Re: LegalBeagle Wins Bank Charge Case - Lloyds Overdraft Terms deemed Unfair

It's not quite as simple as that as the judge found that there were a particular combination of factors in the Foster-Burnell case for which the principles established in Hatosag applied so it doesn't have universal application in any event . I can't give you any more details on the other case I'm afraid.