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WON !!!! - Orfoster v Lloyds Bank Charges in Hardship case - court 28/1 - WON !!!!!

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  • #46
    Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

    That's come around quick,

    Best of luck Orforster and Tom for both cases xx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #47
      Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

      Thank you both.

      Full day in Court! I'll update as soon as I can.

      Comment


      • #48
        Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

        Ok.....
        First case heard was Bank Charges/Default - we think it went well, ultimately Tom's skeleton was much much better than theirs. The Judge was pretty hard on them which I liked, he listened and took my side quite a lot while I was being ridiculously cross-examined for over an hour by the other side. He also took so many more notes at all of Tom's submissions compared to the other sides. But then who knows?!

        Judge has reserved judgment but....

        The Credit Card charges case had been adjourned to the next available date for a full day so the Judge can consider the full facts of the case. What that means is that the Judge has a few hours this afternoon to consider the bank charges case and draft a judgement.

        I'm going to call the Court towards the end of the week to ask about timescales for Judgement and see what they say.

        All in all it was a really good day! Thanks to my amazing Legal Team and kind folk from Legal Beagles.

        Comment


        • #49
          Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

          Well done for dealing so well with the cross examination. Well over an hour!? Tom just called me and he said you were a great witness

          Definitely sounds like it could be an interesting Judgment.

          No idea on likely timescales for the adjourned credit card charges hearing, hopefully within 6 weeks.
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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          • #50
            Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

            Originally posted by orfoster View Post
            Ok.....
            First case heard was Bank Charges/Default - we think it went well, ultimately Tom's skeleton was much much better than theirs. The Judge was pretty hard on them which I liked, he listened and took my side quite a lot while I was being ridiculously cross-examined for over an hour by the other side. He also took so many more notes at all of Tom's submissions compared to the other sides. But then who knows?!

            Judge has reserved judgment but....

            The Credit Card charges case had been adjourned to the next available date for a full day so the Judge can consider the full facts of the case. What that means is that the Judge has a few hours this afternoon to consider the bank charges case and draft a judgement.

            I'm going to call the Court towards the end of the week to ask about timescales for Judgement and see what they say.

            All in all it was a really good day! Thanks to my amazing Legal Team and kind folk from Legal Beagles.
            Sounds positive. We know the Bank Charges one is going to be a toughy so its great its got this far.

            Shame you didn't get both out of the way today but good full attention is on each.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #51
              Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

              Apparently the judge was very receptive to the arguments on bank charges due to new ECJ cases, though I don't know what ones.

              Comment


              • #52
                Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                Hello everyone,
                We still haven't heard anything further on judgement, the judge was really quite receptive! What an experience, Lloyds in my view simply didn't argue or rebut the case in any way.

                Here is the ECJ case referred to Nemzeti Fogyasztóvédelmi Hatóság v Invitel Távközlési Zrt C472/10

                I'm hoping we get an update from the Court soon!

                Comment


                • #53
                  Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                  We're looking forwards to the judgment.[

                  As I understand it the ECJ case followed up in the hearing was this one with particular reference to paras 49 to 54.

                  RWE Vertrieb AG v Verbraucherzentrale Nordrhein-Westfalen e. http://www.bailii.org/eu/cases/EUECJ/2013/C9211.html

                  Comment


                  • #54
                    Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                    And I bet Tom was able to pronounce it properly too?!

                    Ive taken to referring to it as 'Hatosag', purely because its the only word I can pronounce!
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                    Comment


                    • #55
                      Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                      Originally posted by Celestine View Post
                      And I bet Tom was able to pronounce it properly too?!

                      Ive taken to referring to it as 'Hatosag', purely because its the only word I can pronounce!
                      Haha no Tom referred to it as Hatosag too, from memory.

                      In any event I'm expecting Lloyds to appeal a decision that goes in my favour, from that point would they be able to claim costs from me if we lost?

                      Comment


                      • #56
                        Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                        The best moment was after Lloyds had me on the stand for over an hour at which point the Judge had enough and told them to finish, and Tom just took it home.

                        What dear old Lloyds don't realise is what I do for a living, I managed to turn most of the questions back round onto them all without smirking.

                        Comment


                        • #57
                          Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                          Originally posted by orfoster View Post
                          Haha no Tom referred to it as Hatosag too, from memory.

                          In any event I'm expecting Lloyds to appeal a decision that goes in my favour, from that point would they be able to claim costs from me if we lost?
                          No, you're in the small claims track. We haven't (yet) asked for any costs ourselves either....the case is far too significant to be concerned with that at this stage.

                          We predict, if you lose, the Judge will give permission to appeal and depending on many factors, that could be worth considering. After that costs could become an issue potentially.

                          If we win, again, appeal will almost certainly be granted because the Judge will know this needs a higher court decision ultimately. Whether Lloyds opt to go for such an appeal is another million dollar question.....
                          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                          I am proud to have co-founded LegalBeagles in 2007

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                          Comment


                          • #58
                            Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                            Sorry, I didn't phrase that very well.

                            Currently at no risk of costs.

                            Appeal (either way) costs become an issue.

                            But we'll cross that bridge when we come to it, if we have an opening in bank charges, lets just say it would be money well spent.
                            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                            I am proud to have co-founded LegalBeagles in 2007

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                            Comment


                            • #59
                              Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                              Originally posted by Celestine View Post
                              Sorry, I didn't phrase that very well.

                              Currently at no risk of costs.

                              Appeal (either way) costs become an issue.

                              But we'll cross that bridge when we come to it, if we have an opening in bank charges, lets just say it would be money well spent.
                              Given the significance of the issues and that Orfoster is an individual against a large bank, couldn't he apply for a costs exemption?

                              Comment


                              • #60
                                Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

                                Originally posted by Celestine View Post
                                Sorry, I didn't phrase that very well.

                                Currently at no risk of costs.

                                Appeal (either way) costs become an issue.

                                But we'll cross that bridge when we come to it, if we have an opening in bank charges, lets just say it would be money well spent.
                                Ok, that's how I understood it, Tom did talk me through some of the possible options to protect against costs.

                                Comment

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