TOM BRENNAN V NatWest

[lioness]

I'd be interested to find out what evidence he is relying on.

I hope in some respects he does lose today because an appeal is the only way of this getting a satisfactory trial, I'd say. But then again this is still only the first hurdle - an appeal would only be about whether he has a case to proceed with, not about the charges issue, so this could take a long long time and I'm sure the banks won't be in any hurry to get there.

And what would happen in the meantime, if say they offered him a huge amount of money to drop the case? would they then deem that he had been wasting the court's time if he still went ahead with an appeal?

If it does proceed after today maybe it would be transferred to the High Court anyway - it's a matter of public interest and I don't think it should rest with a county court dj. Yeah, the appeal route sounds too messy, surely the judge will see that...

[lioness]

O-M-G looks like we might have to wait 6 weeks for this judgement

Brennan's Valiant Fight Against NatWest - 22/05/2007

[lioness]

another report of the hearing BBC NEWS | Business | Bank charge lawyer's uphill battle

[iancognito]

Thanks for that Lioness, just got back from a night out and was eager to see what news had come out.

Should his application to have a full trial be successful, he would be certain to get some financial backing from other bank charge campaigners to help him through.

Can't say I'm overly impressed with that bit, all well and good if he was guaranteed a win but I think 'our' money might be better spent defending 'our' members who have recently had problems.

[Ashley]

Sorry, but a lawyer who is representing their self has a fool for a client.

[iancognito]

Well said ASh!!

[lioness]

well Mr Brennan has updated his website today to give more information about his claim.

Presume I am allowed to reproduce it here? if not let me know!

If my case proceeds to trial, I will be arguing that the charges imposed by Natwest are a disproportionate penalty and therefore 'unfair' under the The Unfair Terms in Consumer Contract Regulations 1999. I will also be arguing that the imposition of such disproportionate penalties amounts to either a breach of contract or the torts of breach of statutory duty and intentional infliction of harm by unlawful means (also known as unlawful interference with an economic interest).


In the past few weeks, the House of Lords re-defined the tort of unlawful means in the Case of Douglas v. Hello, so that the tort only applies to three party-situations. It remains to be seen whether unlawful means - or a similar tort - applies to two-party situations such as mine. This involves quite technical legal argument based on a comparatively new and still-developing area of law. If the judge agrees that either breach of statutory duty or unlawful means are made out, then I shall also be arguing that exemplary damages should in principle be awarded against Natwest if a judge finds that the charges imposed by Natwest are unfair.



Exemplary damages, also known as punitive damages, are rarely awarded under English law, although they can be awarded where a defendant has acted unlawfully in order to make a profit. They are intended to punish a defendant and to deter them from acting that way in future. Such exemplary damages can also be used to remove any profit that the defendant has gained from their unlawful conduct.

Alternatively I am seeking an account of profits, which is essentially a claim for any profits that Natwest is found to have made in respect of the money that was unlawfully taken from me.


I am also claiming aggravated damages for the “stress, inconvenience and injured feelings caused to the Claimant as a result of the Bank’s wilful breach of its statutory duty.� I am claiming this due to:
being unable to access my own money when required;

• at times being unable to purchase basic necessities such as food and toiletries;
• at times being unable to pay rent or essential bills;
• having to borrow money from friends and relatives to make up the shortfall;
• having to cancel or scale back personal and social engagements due to lack of funds.

In addition I am claiming interest at either 8% (the standard rate for judgments) or at such rate as the court sees fit to impose. The court can impose the commercial rate – or rate which the claimant would have had to pay to borrow the money. In my case, this would probably be the rates of interest paid on my Natwest credit card, amongst others, which is approximately 19%. Such a rate is discretionary, however, so it is up to the judge as to what level of interest is awarded.




I am bringing this claim against Natwest because I have evidence that indicates that the true cost to Natwest of refusing direct debits or standing orders is no more than £2.50, whilst they have been charging customers up to £38 each time such direct debits or standing orders are refused. As a result, I am of the opinion that Natwest’s charges are disproportionate, and therefore ‘unfair’ under the 1999 Regulations. If a judge rules that those charges are ‘unfair’, then it follows that Natwest have been acting unlawfully in order to make a profit, and this is why I am bringing a claim for exemplary damages and/or an account of profits.



In short, I am arguing that Natwest should not be entitled to profit from its own unlawful conduct.



Natwest is arguing that this case involves a breach of contract and should therefore be dismissed. Natwest is arguing that it has repaid the charges into my bank account and has now closed that account, and as a result there is no case to be heard, since exemplary damages are not recoverable in contract.
It should be noted that I have, to date, refused all offers from Natwest to settle this matter, and that the charges were refunded into my account without my permission, without any explanation, and against my express wishes. In those circumstances, I have argued that such a payment amounts to an unsolicited gift, and should have no effect on these proceedings. We will have to wait and see what the judge makes of these matters.
I will post further information about the case on this site once a decision in respect of the application has been given.

[cinders]

Bump....

any update on this as yet, I cant find anything....

x

[Scarlet]

Sorry, but a lawyer who is representing their self has a fool for a client.

Oh Gawd I loved this saying !!!!!

[EXC]

There's still no news yet from the judge. TB was led to believe a judgement would be made ''in a couple of weeks''. After that time had
elapsed M'learned then decided to swan off on holiday. Since his return he has remarked that he ''won't be rushed''. Court staff have even told Tom to ''stop calling for updates''.

Lets not forget what an uphill battle this has been. In the words of one court hack:

“…I can’t believe the judge. He refuses to accept any of Tom’s statements of common sense or his reasonable assumptions, but he accepts without question everything NatWest’s barrister says. The judge seems determined to tear and tear at Tom’s arguments in different ways until he can force a hole. And how can the judge possibly think it’s right to treat Tom as equal to NatWest? If anything, the judge seems to be treating NatWest’s barrister as a litigant-in-person and Tom as a six-person legal team.�

If the decision goes against TB he will appeal.

In the meantime he has been lining up his next opponent(s) which by
all accounts will be a titanic battle and one i'm very much looking forward
to.

[enaid]

do you have a motorbike by any chance? lol

[EXC]

Funny you should say that. Iv'e got the odd one or two. Strictly off-road
though. You see I was'nt born, I was created by KTM.

[EXC]

It looks like our judge has at long last emerged from his marathon judicial
coma.

The judgement has been made and will be heard on Monday 30 July at 10.30 at the Mayor's and City of London County Court.

Contrary to what TB was told at the last hearing, he has not been told
the result and will have to wait until Monday.

[enaid]

More suspenders!!!!!!!!!
For Tom as well as all of us. What do peeps think is it no news is good news or................

[Mochamoos]

Nearly there only a weekend to wait..