Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    robpol55 Novitiate

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    Smile Defendants Awarded Costs If Case is Lost

    My main worry about continuing a claim for £3535 charges from Natwesticon is the reference i have often read that it is UNLIKELY that any costs apart from court fees would be awarded against the claimant. Can anyone give any information about the circumstances in which costs might be awarded against me.

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  2. #2
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    Default Re: Defendants Awarded Costs If Case is Lost

    In small claims court, you will not have to pay their cost on the amount you have quoted as £3535. Please do not worry you will win and remember you are in a win win situation.

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  3. #3
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    mrsfoot Highly informative mrsfoot Highly informative mrsfoot Highly informative mrsfoot Highly informative mrsfoot Highly informative mrsfoot Highly informative mrsfoot's Avatar

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    Default Re: Defendants Awarded Costs If Case is Lost

    Hi robpol

    At the moment no bank has gone to court and therefore when the banks solicitors are threatening you with the costs etc, take no notice as this is a stalling tactic which they think will make claimants give up.
    There are circumstances where costs may be awarded if the case was lost but that involves fast and multi track cases. Unless your bank actually go to an allocation hearing and get awarded one of these tracks, it is highly unlikely that the claimant will have to pay costs.
    Concentrate on getting it right, and then worry what you will spend YOUR money on!

    Good luck


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    Default Re: Defendants Awarded Costs If Case is Lost

    Sorry to disagree but I am yet to hear of any bank writing and stating costs against the claimant as a form of delaying tactic. Yes, they are using the tactic that says a case would fail in court but have I missed threads that states that costs could be awarded against the claimant under £5k and the lawyers writing to the calimant stating this?

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    Default Re: Defendants Awarded Costs If Case is Lost

    Abbeyicon have sent a number of aqicon out stating they will defend and asking for the fast / multi track to be considered and stating costs.
    Also for future reference for mortgageicon charges this seems to be the track most banks / mortgageicon companies are going along. In small claims no costs are generally awarded. However if banks are going to move in the same direction re charges as some mortgage institutions, in asking for cases to be heard in other tracks, then it is a possibility that costs could be claimed in the event of a loss. HOWEVER no court case has came about yet so we wait with baited breath, as of course, if a case does go to court, then the defendant would have to demonstrate the actual loss is related to the charge added, and we all know that isnt going to happen any time soon!



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE