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Originally Posted by charliebubs
That's interesting Fran. I had heard about the first case of Lloyds TSB winning.
As far as I can gather though, most banks don't go so far as court and if they do, they fail to show up to defend themselves.
I was helping my dad with a claim against Halifax recently. We wrote the initial letters, the submitted the court application online and all the way along Halifax said that they were doing to defend themselves in full. However, a few days before the court date they wrote and offered a full settlement, including the court fees, so Dad accepted.
I think they try and frighten us out of going all the way!
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hold on a min...before anybody gets carried away with the Lloyds TSB win in court, they really need to understand why Lloyds TSB won,
Firstly Lloyds DID NOT ATTEND COURT
secondly, when the judge asked Kevin a set of questions one he answered incorrectly and this lost him the case.
We are hoping that Kevin will put in an appeal as this will mean that it does to the High Court and Lloyds will certainly pay out rather than defend in the High Court, because if they lost it would THEN set a president. This is why there is now £100,000 pledged to get this to the High Court because if we win then it will help millions of customers get the money back. There is a chance if it goes to the High Court and it might just lose but Kevin will certainly not be out of pocket, Martin Lewis and the Consumer Action Group will make sure of this.
It is a shame that when Kevin went to court he did not full prepare himself and that one small error cost him his case, however if he asked for a member of the Consumer Action Group to be there then perhaps it wouldn't have happened.
The second claim which was lost it seems that the persons claim was lacking in evidence. When and if you have to submit your court bundle this is over 100 pages long, so unless you have done your research there is a chance you will lose.
I have another 3 claims to do and these two losses certainly are not going to stop me claiming. The banks are still paying out, don't be put off putting your court claim in, but you do have to put in the effort to understand what you are doing and if you do not understand keep asking questions on one of the forums until you do, that is what they are there for.