Woolwich - Owed just over Â£5000

**lucio** · 14th September 2006 10:08

Hi,

My loving bank owe me just over £5200 in charges, I've sent them the lba icon

but am a little worried about the next step. Small claims limit at £5000, so should I claim just that when I take them to court, or is that not possible as I've been chasing them for slightly more. Does that make sense? Chased them for £5280, claim for £5000 to avoid costs in court?

Cheers guys,

Luc

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**G1BB0** · 14th September 2006 10:22

personally I would just claim 5k, others may say your owed it so claim 5k then claim the other £280 seperately once the 1st claim has been settled

but yes only go for 5k 1st

**lucio** · 14th September 2006 10:35

Thanks for that, that's pretty much my feeling. I just didn't want to get to the court action and be asked why have you been chasing for £5280 and are now asking for only £5k through the courts.

Thanks again.

**hagenuk** · 14th September 2006 10:41

Claim it all. It will be clear to the courts and to the banks solicitors that you are attempting to mitigate any potential losses by abusing the court system. If you have a valid claim then why are you prepared to forego a portion of it?

**lucio** · 14th September 2006 10:46

Ok, now I'm back to where I started. So basically file the claim for the amount I've been chasing then? What are the cost implications of this action?

**hagenuk** · 14th September 2006 11:04

Yes, file a claim for the full amount.

As to costs, that depends on which track your claim gets allocated to. It is not always the case that claims over £5000 get allocated to the Fast Track, it is also possible, if the parties and the court agree, for a case to be allocated to a different track. For example, a simple claim, even if it is for more than £5000 pounds can still be dealt with on the 'Small Claims' track if all parties agree.

Furthermore, CPR Part 46 states that if the claim is for more than £3000 but less than £10,000 then the court may award fast track trial costs of £500. But this is only if you lose - and you wont will you?

**lucio** · 14th September 2006 11:12

That make sense, thanks for that I feel a great deal more confident about it now. I've just sent them the lba icon

so will start court action around the 27th of this month.

Keep you posted.

Thanks again for the advice.

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