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Current concensus seems to be to break your claim down into parts. You could claim, for example, for years 6 to 3 at £2500, and then 3 to now for £2500.
This would seem to almost guarantee that your claim would not be moved from small claims track.
It's in the FAQ's which you should have a good look through, along with all the case guidance notes - you will find it helps to see where you are heading and what you need to do...
Q. I want to claim more than £5000
A. Try splitting the claim into smaller chunks in order to remain on the Small Claims track. However, do not run your claims at the same time as the Bank might apply to consolidate the claims. If they did that, your claim would be over £5000 and you might find yourself at a serious risk of paying costs if you lose.
Good luck
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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.
You can claim over £5,000 through the process outlined - the problem is that it will be passed to a higher court. The danger when it leaves the county court is that, should you lose, the court could award costs against you - this could run into thousands!
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.
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Advice given is purely my opinion, and is not based on any legal training.
Current concensus seems to be to break your claim down into parts. You could claim, for example, for years 6 to 3 at £2500, and then 3 to now for £2500.
This would seem to almost guarantee that your claim would not be moved from small claims track.
It's in the FAQ's which you should have a good look through, along with all the case guidance notes - you will find it helps to see where you are heading and what you need to do...
Q. I want to claim more than £5000
A. Try splitting the claim into smaller chunks in order to remain on the Small Claims track. However, do not run your claims at the same time as the Bank might apply to consolidate the claims. If they did that, your claim would be over £5000 and you might find yourself at a serious risk of paying costs if you lose.
Good luck
Would it not be better to break the claims down into different types of charge rather than 6 to 3 years then 3 to present? I thought if you tried to do the latter then the bank would say in their defence that you were working the system?
It would make no difference. You are entitled to reclaim whatever you see fit, and as long as the two claims do not overlap then there is nothing the bank can do.
I suggest starting with year 6 to 3 (for example) because that way the charges made that are approaching the claim deadline would be dealt with first.
If, having reviewed when your charges were applied, you want to amend the first part of your claim to £4900 ish, then you would only leave a small amount for your second claim....
The choice is entirely yours.
..
.
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.
What's the best way to go about this? Not sure if anyone on the board has had a £5,000+ claim?
the fact that you ask this question shows that you have not read the FAQ or the forum material.
If you really are interested in revovering your money then you should do so.
As far as your question is concerned there is lots of discussion on this if you bother to look.
To give you a start, search on the word "sever"
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.
A claim ove £5,000 is the same as a claim under £5,000 in terms of issuing proceedings, the problems may occur if you get confused with legal process as the claim would not be a small claim.
If you want to PM me with some specific detail I've be happy to give you some more detailed advice.
The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!
Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.
Hi Ant
I had two accounts one which was closed in 2003 with a fee and charges balance of just under £5000 at time of closure, which left me with the one account which is still active and to date has accrued fees and charges of £17,000, by coincidence the overdraft on this account is on its limit of £17,000. We are chasing the bank for the smaller amount of £5000 hoping that they will take retalliation in calling in the active account and wanting repayment of the overdraft, we can then put in our defence for the charges and fees incurred on this account, which is mostly what has pushed the overdraft to its limit.
It has been mentioned to me that it may be an idea to split the fees up into specific charges i.e overlimit, returned cheque and dishonoured direct debits etc as a way of keeping the claims under £5000.00, dont know if this is an ideal solution just a mention in case it is of any help to you.
Hi Ant
I had two accounts one which was closed in 2003 with a fee and charges balance of just under £5000 at time of closure, which left me with the one account which is still active and to date has accrued fees and charges of £17,000, by coincidence the overdraft on this account is on its limit of £17,000. We are chasing the bank for the smaller amount of £5000 hoping that they will take retalliation in calling in the active account and wanting repayment of the overdraft, we can then put in our defence for the charges and fees incurred on this account, which is mostly what has pushed the overdraft to its limit.
It has been mentioned to me that it may be an idea to split the fees up into specific charges i.e overlimit, returned cheque and dishonoured direct debits etc as a way of keeping the claims under £5000.00, dont know if this is an ideal solution just a mention in case it is of any help to you.
Splitting it up like this is unlikey to make a difference.
Go for your £5000 claim first. Then try and split up the 12,000 and see what happens. on the other hand, as I have suggeted to you off forum, if the bank sued you this wold actually put you into a good position because they would have to disclose info which they don't want to.
Anyhow, start off with the £5000 on the closed account anyhow. Get that going immediately.
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.
Have sent the £5000 claim into Lloyds and have this morning received a letter of acknowledgment stating they will be in touch within 5 days!. we are going with your suggestion over the £12000 claim and hoping that Lloyds will pursue us.
Sorry for posting this on someone elses thread, will go back to our own now.