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Go Back   The Consumer Forums > Welcome to the Consumer Forums

Welcome to the Consumer Forums Free advice and support to reclaim your bank charges or to solve other consumer problems.
Welcome. You have just joined the Consumer Forums. Come here and introduce yourself.
You will soon discover what a friendly place this is and get lots of hints about claiming your bank charges or dealing with other consumer rights.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
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Old 18th January 2007, 00:32   #1 (permalink)
GreenGeorge
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Default What if I lose?

Hello

Please be gentle I am brand new to this! I am very keen to take on ABBEY as I am fed up with their punitive charges BUT what happens if we go all the way to court and I lose???? (I can't see the answer anywhere; so apologies if it is right under my nose). How much could the cost be? Is my house at risk? Will the world end?
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Old 18th January 2007, 00:43   #2 (permalink)
smcgall
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Default Re: What if I lose?

All you are risking is your court fee, and that is not really a risk as long as you prepare your case as set out in the faq's and read all the relevant threads.

Stuart
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Old 18th January 2007, 09:29   #3 (permalink)
GreenGeorge
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Default Re: What if I lose?

Quote:
Originally Posted by smcgall View Post
All you are risking is your court fee, and that is not really a risk as long as you prepare your case as set out in the faq's and read all the relevant threads.

Stuart

So just to be crytsal clear if I should lose Abbey can't apply for me to pay their legal costs etc? The reason I ask is I note someone received a letter from ABBEY saying that if they stopped thgeir action now they (ABBEY) would not apply for costs... So that is just a bluff on their part?
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Old 18th January 2007, 10:11   #4 (permalink)
dave
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Default Re: What if I lose?

Abbey's solicitors did exactly the same to me.

I wrote back saying, "pay up, and then I'll stop suing you", and they did. (in short).

If your claim is for less than £5000, then it is most likely that it will be heard on the small claim track. Usually, 99% of the time (unless you are deliberatly obstructive or abusive) if you lose in the small claim track, you will not be eligible for the second party's costs.

Abbey can apply for costs, but it would be very unlikely that they would be awarded. Secondly, it's also very unlikely (if Abbey were silly enough to let it happen) that in a court you would lose, so the point becomes moot in any case.

There was a case that went to court and was lost some time ago (for various reasons), no costs were awarded. No cases have been lost since.
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Old 18th January 2007, 18:43   #5 (permalink)
GreenGeorge
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Watch out, there are Claims Touts about!

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Default Re: What if I lose?

Thanks for the advice, which was very reassuring. I am in the process of moving our account(s) to Nationwide and i will send the Data Protection Act letter off.

Watch this space!
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