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Well it looks like the gloves are off. After a turbulent week in the bank charges arena 2 County Court Judges offered different opinions, and indeed outcomes, to the chaotic system in the small claims court.
Round 1
In Birmingham Judge Cooke, not for the first time, sided with Lloyds TSB and decided that under their terms and conditions the ‘penalties’ were in fact not a breach of contract.
Later the same day however, he agreed with an Abbey claimant that theirs indeed were a breach of contract and awarded over £1000.
Round 2.
Over to Leeds Mercantile Court where Judge Grenfell has had enough. With over 250 cases scheduled for a single day he clearly had his work cut out, and decided to threaten the banks with a legal precedent. Obviously once again most of these cases were settled ‘out of court’, with the rest either being found in the claimants favour or being adjourned.
So, what happens now? It would be folly to suggest that the Birmingham cases are to become the norm, and it seems that Judge Cooke is a stickler for the finer detail. Terms and Conditions with a Lloyds TSB account need to be included in any correspondence and the relevant sections quoted accordingly.
Judge Grenfell’s opinions, however, seem to be prevalent across the Justice system and it remains to be seen who will come out on top. But for now we need to be mindful of both events and make sure that our court paperwork is water tight.
Or move out of Birmingham……
MAD
Round 1
In Birmingham Judge Cooke, not for the first time, sided with Lloyds TSB and decided that under their terms and conditions the ‘penalties’ were in fact not a breach of contract.
Later the same day however, he agreed with an Abbey claimant that theirs indeed were a breach of contract and awarded over £1000.
Round 2.
Over to Leeds Mercantile Court where Judge Grenfell has had enough. With over 250 cases scheduled for a single day he clearly had his work cut out, and decided to threaten the banks with a legal precedent. Obviously once again most of these cases were settled ‘out of court’, with the rest either being found in the claimants favour or being adjourned.
So, what happens now? It would be folly to suggest that the Birmingham cases are to become the norm, and it seems that Judge Cooke is a stickler for the finer detail. Terms and Conditions with a Lloyds TSB account need to be included in any correspondence and the relevant sections quoted accordingly.
Judge Grenfell’s opinions, however, seem to be prevalent across the Justice system and it remains to be seen who will come out on top. But for now we need to be mindful of both events and make sure that our court paperwork is water tight.
Or move out of Birmingham……
MAD
