TOM BRENNAN V NatWest

[EXC]

Nearly there only a weekend to wait..

Yes but remember Mochamoo that Monday's decision will only decide if the case can go ahead or not. Both sides are set to appeal if the decision goes against them so whatever happens we're in for more waiting for sure.

[EXC]

Re: TOM BRENNAN V NatWest

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.

Enclosed is the judgment.

[EXC]

Re: TOM BRENNAN V NatWest

Here are his grounds for appeal

[Kafka]

Re: TOM BRENNAN V NatWest

This has been updated today OTR by EXC/crfx

http://www.consumeractiongroup.co.uk...t-must-57.html


Basically the appeal has been rejected and Tom has 3 weeks to apply for an oral hearing, so is taking 2 weeks of work to prepare.

They seem to be really pulling out all the stops to prevent this case being heard, and the judgement on the first hearing was disgraceful, such as refusing to allow expert witnesses (2 professors) to provide evidence of the true cost of defaulting items (which the banks refuse to reveal), then dismissing the claim because the evidence had not been provided.

The ramifications would be truly enormous if he were able to establish the damages aspect of the penalty charges, not just the return of the charges themselves.

I am wondering now whether we have been doing too little to focus on the collusion of the courts in all of this, while we have been looking at the so-called regulators. Perhaps we should be doing more to raise the courts' activities with the MPs too? In one recent case OTR, both parties wanted to proceed yet the judge stayed the case, and this on a credit card that should not even be touched by the test case. There is now ample evidence of the courts failures and blatant disregard for both justice and the claimant's rights.

[Kafka]

Re: TOM BRENNAN V NatWest

Tom apparently will have his appeal hearing during w/c 29 October. Its expected to last a full day.
:judge::argh:

http://www.consumeractiongroup.co.uk...t-must-57.html

[EXC]

Re: TOM BRENNAN V NatWest

The Judge has informed TB that a judgement on his appeal has been made
and he expects to receive a ''considered judgement'' on Monday.

Without wishing to raise false hopes, he believes that it is usual protocol
that if the appellant is unsuccessful, he is informed prior to receiving
the written judgement and this has not happened.

If he is successful the case will have to be heard before the OFT test case.

[EXC]

Re: TOM BRENNAN V NatWest

TB is still waiting on the judgement and after being told it had been made, he spoke to the court today to hear it was still being drafted and was not given any indication how long it would take.

Needless to say he is not a happy bunny as the continuing delay means that he can't resume work with Southwark Council legal dept until he knows if his case will proceed or not. As has been well publicised, the consequences of him losing are grim. But I must say that despite all this he remains astonishingly positive and his single minded determination to fight for what he believes and stick it to Natwest never fails to amaze me.

[EXC]

Re: TOM BRENNAN V NatWest

Judgement will definately be Tuesday

[enaid]

Re: TOM BRENNAN V NatWest

and no early clues or even little tiddly givaways lol?

[Nattie]

Re: TOM BRENNAN V NatWest

Let's hope it is a win, and will show that concealment took place.

[EXC]

Re: TOM BRENNAN V NatWest

At least the waiting's nearly over. It's taken twice as long than it's taking the OFT to
to get 8 banks to court.

[EXC]

Re: TOM BRENNAN V NatWest

He lost

http://www.bailii.org/ew/cases/EWHC/QB/2007/2759.html

[Amethyst]

Re: TOM BRENNAN V NatWest

Very very interesting read - thanks for posting it.

[stevokenevo]

Re: TOM BRENNAN V NatWest

The judge found that the claim for aggravated damages was doomed because it was dependent upon an allegation of tortious liability which was itself bound to fail (see paragraphs 39-41 below).

So, is it the end of the road for Tom?

I guess that is that all avenues exhausted?

I hope he doesnt just fade away into oblivion, should the OFT case prove succesful, would this open up any new opportunities?

[thephoenix]

Re: TOM BRENNAN V NatWest

Had the TEST CASE between OFT and said banks not be in motion, I wonder if the decision would have been any different??