Why only one claim at once?

[Richard_K]

Just curious, really - since with 6-8 weeks potential, to recover the full amount will take me up to 8 months (and that's based on only returned D/D charges).

Is there a legal reason why I can't issue 4 claims at the same time?

[Ewan]

No but if you do the bank can request they will all be heard at once, which will take you out of the small claims courts, and into one where you are liable for the others costs should you lose. There may be other reasons, but im not aware of those.

Yes, if you read the forum, you will understand that if you file all at the same time, they can consolidate your claim into 1 lump sum, and you will not be able to claim in small claims court thus opening yourself up to higher risks in costs ect.

Louise x

[dave]

Only if the claims are all against the same bank.

If not, then you could do them all at once, although I found that the stress and paperwork of 2 at a time was a bit hectic for me.

...but then I am useless unless there is a computer in front of me. When I had to fill in the allocation questionnaire, I had to remember how to hold a pen!

[BankFodder]

I think that the risks of costs once the claimant comes off the small claims track may be far outweighed by the risks to the bank of "Standard Disclosure".

Once you come off the small claims track both sides are required to make standard disclosure and this means that you have to disclose all information in your possession even if it damages your own case. The banks are terrified of this as we have now had three or four cases which have exceeded £5,000 and the banks have just settled as usual, it makes me feel that standard disclosure worries for more than anything else.

Don't forget that it was the fear of standard disclosure that caused the Abbey bank to pay £8,000 to Steven Hone when he was only suing them for £800

[Richard_K]

Originally Posted by BankFodder

I think that the risks of costs once the claimant comes off the small claims track may be far outweighed by the risks to the bank of "Standard Disclosure".

Once you come off the small claims track both sides are required to make standard disclosure and this means that you have to disclose all information in your possession even if it damages your own case. The banks are terrified of this as we have now had three or four cases which have exceeded £5,000 and the banks have just settled as usual, it makes me feel that standard disclosure worries for more than anything else.

Don't forget that it was the fear of standard disclosure that caused the Abbey bank to pay £8,000 to Steven Hone when he was only suing them for £800

That's very interesting/ However, what sort of information would I have to disclose?

It's the risk of paying the Bank's costs if I lose, and therefore sense in getting a solicitor and so forth, that bothers me. If I could file for the full £2,600 in one go I'd be a lot happier to go ahead and do it. As it is, filing for several small amounts, and the timescale, makes me think that the offer of £915 isn't entirely bad, if nothing like a full refund of charges.

Adding my excess O/D charges (at least for the account as I can find it) only added another £400, I expected it to be thousands! Mind, I haven't gone over the other account yet.

I am concerned that in the time taken to file four cases separately, the Banks may have managed to get their legal act together and start defending these cases as the losses mount up.

Richard

[Richard_K]

Originally Posted by Lueeze

Yes, if you read the forum, you will understand that if you file all at the same time, they can consolidate your claim into 1 lump sum, and you will not be able to claim in small claims court thus opening yourself up to higher risks in costs ect.

Louise x

Yep, I read that, but I wasn't sure if that mean't just don't file them all on the same day, or wait for each one to finish before filing the next.

[fruitycar]

I have wondered this too. My first claim is in and waiting to be served. I have a return date of June 15th and a hearing date of 22nd June, so assuming I follow procedure, my prelim letter for next £750, with 14 day limit, if sent next week,(say Monday 29th) followed by LBA with another 14 days, would takes me clear of my hearing date to submit next claim.(theoretically 26th June)
Or do you think the bank would still try to roll these two together? and then there is yet another to go, which will include the £58 they are going to sting me for going £1.85 over this week, it only steels the resolve !

[Tobes]

If Stephen Hone was only asking for £800, why did standard disclosure come into it? Cheers

[Mindbomb]

You can claim for the whole £2600. Any claim over 5k comes off the small claims track and onto one whereby you could be liable to their costs if you lose (£750 max I think but someone else will confirm). All BF was saying is that by coming off the small claims track (by claiming over 5k from one institution) poses a greater risk, that of full disclosure, to the banks than to the individual.
See molly in the trolley's thread for more.
I am going to revise my (future) moneyclaim to First Direct so that it is then over 5k by claiming charges on another account I have with them and possibly ones older than 6 years as well.
Claim your £2600.

If you are in scotland though Mindbomb, it is only £750 limit in small claims, by all means claim the lot but you will have higher risks, and so will the bank, so you need to reasearch this before you decide.

Louise x

[Richard_K]

Originally Posted by fruitycar

I have wondered this too. My first claim is in and waiting to be served. I have a return date of June 15th and a hearing date of 22nd June, so assuming I follow procedure, my prelim letter for next £750, with 14 day limit, if sent next week,(say Monday 29th) followed by LBA with another 14 days, would takes me clear of my hearing date to submit next claim.(theoretically 26th June)
Or do you think the bank would still try to roll these two together? and then there is yet another to go, which will include the £58 they are going to sting me for going £1.85 over this week, it only steels the resolve !

I don't think you need to send the prelim letter for each claim - mine certainly says "You owe me £2,692" but recovery will be in sub £750 blocks.

Mindbomb, I'm in Scotland (as the forum title suggests) - small claims procedure is different here, with sub £750 being pretty much free of risk, £750-1500 (Summary Cause) having a risk of some court costs if you lose (I think, a couple of hundred pounds typically), and > £1,500 seemingly being the same as >£5,000 in England, where I could potentially be faced with the Bank's legal costs if I lost.

[Mindbomb]

Cheers for the warning Lueeze but me not in Scotland.
Gonna cross me Ts and dot me Is and post on my thread tomorrow.
Sorry Richard_K, hijack over.

[Mindbomb]

Apologies. My mistake. Missed the Scotland bit.
Even bigger donation to the fund by me. Sorry.

I meant the OP was in Scotland, I knew you were claiming in England Mondbomb....

[Mindbomb]

Hmmmmmmmmmm.
I'm sorry, very sorry.

[ds1997]

Does anybody know how to procced outside the small claims. We've been offered £1065 by BOS but they owe us £3800+. I don't want to go throught the £750 at a time route, partially because they have offered more than that and partiallly because I feel it's a test of will( they are aware of how difficult this is for people like us).

They made our lives hell last yr when they withdrew my husbands overdraft without notice, and took all his salary to pay it off! We weren't even over the limit at the time!This left us with no funds to live on for one month, and we had no time to prepare ourselves for such a situation, they told us to 'borrow money from a family member!' Great customer care eh?!
Thy denied the fact that he had rang to renew the facility (not true) and said that they had the right to downgrade an account wheneever they wanted, apparently they had downgraded it some months earlier but didn't let us know, (so why send a letter asking him to renew his overdraft?) their reason was that the account had been overdrawn in the past (yes largely dure to OD charges).
In order to survive this we were forced to extend our mortgage repayment period by 7yrs (more money to them). I had to borrow money on an ordinary overdraft despite the fact that I was a full time student, they said I couldn't have a student account but didn't have to give a reason why. Two weeks ago after several complaints and requests for our money back they wrote offering me a student account- I finish uni on th 7th June! Cheek!

I feel they have been actively pushing us into more debt for the purpose of excessive profit for years- I have managed to claw back £1,981 from them but won't settle for less than I believe we are due! Altogether they have had almost £6,000 in excessive charges on all our accounts plus all the extra income on remortgages, loans etc. That kind of money can make the difference between a reasonable existence and disaster!


Sorry for the long mail but I feel so strongly about this! I'd love also to hear their disclosure/defence should it go to court!

Cheers Dianne