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Just a quick one that I couldn't find a clear answer to in the FAQs... Please feel free to shoot me if I've missed it.
I have one claim that I am about to pursue that tallies around £4,500 before 8% allowable interest is added. After the 8% is tapped on (if it got to Court filing stage) this would carry me over the £5k threshold.
Is the £5k limit for Small Claims considered before or after the 8% interest and/or costs are added?
Your claim would include the interest and [if you're feeling lucky] the interest on the charges and the court fee, so the answer is yes, it would take you over hte 5k limit.
Consider instead, of filing for, say, the overlimit charges, and then a seperate one for, say, DD failure charges, do ya get my drift?
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[B][FONT=Trebuchet MS][SIZE=3]The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.
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Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07
Read the forum material. It has been asked and answered many times.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Thought for a moment it was all going to be too easy, when I spoke to a Customer Service rep at the start of March about something else, and then asked for a complete list of charges from the last six years.
She said she'd fax the request to the relevant department while I waited, then came back on the line and asked if I wanted the refund paid into my account or by personal cheque...
Of course, no such luck, and in spite of their assurances that someone would get back to me within 48 hours, the silence has been deafening. My claim will (I believe) be well into the thousands.
Further call this afternoon quoting my ref no - which it turns out is for complaints (but I haven't complained yet?!? :? ) - and they tell me it is still ongoing, and that they hadn't actually got anything on record about me requesting a detailed list of charges. Hmmm, we'll see about that.
Ah well. :twisted: DPA letter in the post this afternoon.
Well, there's a thing. Called Customer Relations again and referred them to my request for a list of charges. Got a letter in the post saying that they were refunding some of the charges (ie. several months' worth of monthly fee) for my Additions account which I have recently cancelled.
Not what I was after, but a bonus anyway. It'll help as an advance for the impending court costs.
DPA letter was signed for 1st or 3rd April, and 8 April a complete set of statements arrived with my returned DPA cheque. Apparently, according to a handwritten compliments slip included with the standard letter, 'there is no charge for this service'.
Have now calculated charges - total 2,315 squids ex interest, mainly accrued during three bad two-month periods in the last four years.
Finally got around to sending out my prelim letter 18 April. To date have only received the 'looking into it and will get back to you by 17 May' letter.
Now sending out lba letter 04/05/06. Only fourteen more days to go! I feel a fight coming on.
Well, there's a big note in my diary for today saying that it's time to file the claim...
Apart from the usual 'we are looking into your complaint' blah, with a rolling 'you will receive a reply by' date, have not heard a sausage from them.
Been briefing my other half to prepare herself - she's a legal eagle who has recently been focusing on contract case law and the unfair terms bits and pieces, as well as CCA 74 and 06. Which is kinda handy.
So. Will inform BF of claim details later on today, and will keep posting as and when I hear anything...
Got a letter in the post today, offering me 980 squids as a Full and final. Shame I filed for 2,700 squids earlier this week.
That'll be a no then.
Out of interest, with the claim lodged through MCOL is there anything I should do - ie do I reject the whoole thing out of hand, or can I accept the 980 as part payment - but if I do, how will this affect my claim through the courts?
If it says "in Full and final settlement" you can either accept the offer with the proviso that you WILL pursue the balance in court as per your timetable, the outcome of which will be the withdrawal of the offer, or just continue your action.
Good luck.
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Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.
Just been talking with my other half about my case, as the acknowledgement and intend to defend has come back from Barclays. She tells me that you can object to the defendant's request to an extension to 28 days to prepare a defence - not least, in this case, because it is evident the bank has already compiled a defence.
Is it worth pushing the point to get the 28-day limit revoked, and make them stick to the 14-day timetable? Any one else tried this?
Well, our trainee solicitor at Barclays is getting very busy - and they have acknowledged the claim and intend to defend.
They've also requested the full 28 days, although I'm currently considering, on the advice of the other half, putting in an objection with the Court to get it back to 14 days.
Have politely declined the Full and final part of their offer. I don't believe they will agree to it as part payment
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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CPR 15.5 seems very clear that any extension requires the agreement of both parties. In a case such as this I cannot see any justification for the bank being allowed extra time to prepare their defence. The case is not complicated, and the issues are clear cut.
I would give the court a ring and ask if they require you to send a letter refusing to grant them the extra time. If they do then I would base your reason on the above points.
Keep us posted.
Alan, Derby, UK.
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
My understanding is that 28 days from serving of notice to submission of defense is usual and automatic.
Court might possibly look unfavourably if you push to shorten time lapsed.
The normal time for a defence to be submiitted is 28 days from date of issue of the claim. However, the defendant can ask for an extension of up to 28 days with the agreement of the claimant.
Alan, Derby, UK.
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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
Or you may wish to buy one of these great resources:
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
£5000 limit and interest question
is added. After the 8% is tapped on (if it got to Court filing stage) this would carry me over the £5k threshold.
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Claim time!!!
Refusing the 28-day Court extension
