Has anyone ever lost their claim and had to pay costs?

[mraeburn]

Hiya

I've gone through the preliminary and LBA letters with Capital One, and received what sounds like their very standard replies of offering a "goodwill gesture" of refunding the difference between the charges and the new £12 figure. I had a successful claim against the Co-Op some time back, and all charges were refunded long before it got near the courts, but then the charges I claimed back were on my current bank account, not a credit-card account like I have with Capital One. There doesn't seem to be a similar £12 figure "suggested" for bank-charges, so they didn't have that almost-reasonable sounding argument to fall back on. I've read through a lot of the faq's and threads here, and people seem equally optimistic about winning back the full amount from credit-card companies in the small claims courts. My waiting periods are up, and I'm about to start a court case. However, never having gone to court about anything before, I keep getting chilly thoughts about the possibility of not winning it and having to pay their court costs, which would completely scupper me. I worry that, with a new and sort-of official £12 figure having been set as a reasonable charge, Capital One's offer of refunding the difference may sound like a reasonable offer to a judge. All faq's here do warn that losing your case is, of course, a possibility. Is this possibility really that remote? Has anybody actually lost one of these cases and had to pay the costs?

All the best
M

[Advoc8]

If your claim is in the small claims track (<£5000) you would only lose the court fee you paid when you filed the claim (and possibly the allocation questionnaire fee if your claim is large enough). You would not have to pay the banks costs.

[pmhcfc]

Originally Posted by mraeburn

Hiya

I've gone through the preliminary and LBA letters with Capital One, and received what sounds like their very standard replies of offering a "goodwill gesture" of refunding the difference between the charges and the new £12 figure. I had a successful claim against the Co-Op some time back, and all charges were refunded long before it got near the courts, but then the charges I claimed back were on my current bank account, not a credit-card account like I have with Capital One. There doesn't seem to be a similar £12 figure "suggested" for bank-charges, so they didn't have that almost-reasonable sounding argument to fall back on. I've read through a lot of the faq's and threads here, and people seem equally optimistic about winning back the full amount from credit-card companies in the small claims courts. My waiting periods are up, and I'm about to start a court case. However, never having gone to court about anything before, I keep getting chilly thoughts about the possibility of not winning it and having to pay their court costs, which would completely scupper me. I worry that, with a new and sort-of official £12 figure having been set as a reasonable charge, Capital One's offer of refunding the difference may sound like a reasonable offer to a judge. All faq's here do warn that losing your case is, of course, a possibility. Is this possibility really that remote? Has anybody actually lost one of these cases and had to pay the costs?

All the best
M

read the other cap1 posts...cap1 pay ALL charges eventually...they've taken no one to court , therefor no-one has ever lost..Cap1 are drowning in these claims and are trying every trick in the book, yet none of them are working...go for it...you'll win just as all the rest have

[mraeburn]

Thanks for the encouragement folks. I think I'll go ahead and see what happens. I'll keep you posted on any developments.
Cheers
M

[Hennie]

Are they paying out including interest as well, or just the actual charges?

Just started a MCOL against them

[Bookworm]

interest too, of course, if you have included it in your claim.

[Hennie]

Originally Posted by Bookworm

interest too, of course, if you have included it in your claim.

Excellent, yes I included it. Should come to a nice tidy sum of £911 then

Just need to work out now, how I rectify the error I made on the claim form. I put the PO Box address which appaarently MCOL don't accept

[Bookworm]

I should be more specific, interest on the penalty charges, and 8% statutory interest, yes. Total interest on the whole of your balance, including on money you did borrow, no.

If MCOL doesn't accept PO address, how did your claim get through?

And these questions really should be on your own thread, we're hijacking here.