Just joined (but no virgin) !!

[Simian]

The defs caselaw would be good, Photoman. Please do.

[photoman]

Okay some case laws quoted in defence:

Regards to provision of an unauthorised overdraft being subject to a contractual provision between parties they cite:
Barclays Bank v W J Simms Son & Cooke (Southern) Ltd [1980] 1 QB 677

Regards to defence that charges are not penalties they cite:
Export Credits Guarantee Department v Universal Oil Products Co [1983] 1 WLR
Transag Haulage Ltd v Leyland DAF Finance [1994] BCC 356

Regards to claiming a long delay in taking actions as cause for reducing period and/or rate of interest they cite:

Claymore services Ltd v Nautilus Properties Ltd [2007] EWHC 805 (TCC)

In defence of claiming that the Banker customer relationship is a contractual one and does not include any duty of trust they cite:

Foley v Hill [1848] 2 HLC 28
Joachimson v Swiss Bank Corporation [1921] 3 KB 110


They also try to cite Murray v leisureplay as indicative that the onus is on the claimant not the defendant to prove that the sum is a penalty as opposed to a genuine pre estimate of losses.

Managed to get most of these, and can forward to those who would like and can't find elsewhere, (except for Claymore v Nautilus, if anyone can help me find that).
Not had a chance to read through them myself, but will post my thoughts once I have.

regards

PM

[strangewayofsavin]

Hi Photoman,Simian & co, you could try the following web site, you can search 1,000s of law cases here.

Law Cases | Case Law Database

You may be aware of this site, if so, I have several others, the cases are submitted in quartely intervals, so it would depend when in 2007 the relevant case was heard.
Happy hunting

[Simian]

Thanks Photoman, and thanks, Strange. Very useful.

BTW, I fixed the link in your post, strange.

[photoman]

I've now found Claymore v Nautilus.

Basically, it's a feeble attempt to contend that a delay in a claimant issuing proceedings should be considered as just cause to reduce the rate of interest and period thereon.

So that'll be a straight rebuttal, with regards how the claimant has been unaware of his rights to claim due to their own concealment and cloaking that prevented my excercising of any rights, and citing OFT report etc.

Sorry guys, you can't break the law, hide the fact, and then expect your very own concealment to afford you any protection !!

PM

[Bill-K]

Sorry guys, you can't break the law, hide the fact, and then expect your very own concealment to afford you any protection !!

Nicely summarised, P-M. Thank you !!!

[strangewayofsavin]

Many thanks sim, glad to be of service, here are a couple of more good web sites for researching case law essays etc.

case study: Definition and Much More from Answers.com

may you have many happy hours viewing.

[Simian]

Thanks again, Strange. I think it might be worth stickying these links you're giving us. Could you possibly check the Law Essays UK link, as I can't get that to work.

[peed 'orf]

Hi Simian, just tried them on my computer, all 3 worked fine.
Cheers PO

[strangewayofsavin]

Hi Simian, by all means make them stickies, but, seeing as there has been an allegation from another consumer site, that legal beagels is a profit making site, I would leave the law essays link out, as it is a site where you purchase a training pack etc on certain laws, the others have ample free research with relevant case law.

[hels bells]

hi Photo

remember me , i keep pestering you for more info on what to do next, not havingheard back from my SAR and the 40 days have past, you know my case history and i used sections of your SAR sent in May which was ALL HISTORY of BANKING, letters, contracts, statements ect, heard nothing time has elapsed, If you have a minute could you tell me if when you sent your SAR did they send anything? or part data? What do i do now?


hels

[TUTTSI]

Just saying hello

Hi Photman,
I know of you from CAG, albeit I have a different name here.
Good Luck with your claim and I am sure you will get all the help your need on this site.
DS