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Court Action - Advice Needed


thelittleguy
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hello all

 

i am currently in the process of building a claim against hsbc for bank charges. I am going to try and get it pushed through, as the figure is significant and causes me ongoing hardship.

 

However, with the 'credit crunch', the true cost of being forced to pay banking charges for all this time is finally setting in, and I am planning on leaving the amount open as I cannot calculate this.

 

is this possible? and if so, should the total (that the judge sees fit) exceed the small claims process, will the case be automatically moved to litigation? or is it just stopped?

 

any help most appreciated

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Hi, Thelittleguy,

 

Don't see any advantage in leaving the amount of claim, 'open' as this sounds vague and you can bet that the defendant will use this point against you.

 

As for which track the claim will be put on, that is up to whichever judge you get. Be aware that some judges have put claims less than £5000 on the 'fast track' if they feel the case is more complex. Usually there will be a hearing to set the track (Allocation Hearing), at which the claimant and defendant will be asked their views on the track, and the judge will then make a decision.

 

Usually, claims for under £5000 will be allocated to the small track and if you're worried about being put on the fast track, I would suggest making an initial claim for say, £4000/ £4500. You can do this by splitting the charges, eg, your first claim could be for the period 2002 to 2006, then you could claim 2006 - 2008 charges at a later stage.

 

BAE :)

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hi Blossom

 

Firstly, I am not worried about which track the case will be on. I would guess that it will go beyond the realms of the 'small claims', however because I am looking at recovering damages, it is difficult to put a value on this so though it would be fairer to let the courts decide. i could try and guess at the financial cost (e.g. more expensive credit etc), however there is also the distress element, the (very serious) impact on my mental and physical health which would be looked at too.

 

i do not want to lower myself to the level at which this countries financial companies appear to be at (which to me is nothing short of that of the common thief), and do not want to go for a sum which is unfair. this is why i hoped for a more fair and impartial judgement.

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i could try and guess at the financial cost (e.g. more expensive credit etc), however there is also the distress element, the (very serious) impact on my mental and physical health which would be looked at too.

 

Damages regarding distress and the impact on your health are much more complex issues compared with bank charges and I would advise you to seek professional advice if you decide to go down this route.

 

You may be able to claim compensation for more expensive credit, but you will need solid evidence, i.e. that the cc company have impaired your credit rating as a result of their charges and, moreover, proof that you have been 'turned down' for credit / been given credit at a higher rate as a direct result of the information the cc company have lodged with the cras. As you can imagine, these are not easy things to prove.

 

Personally, I would sort out your claim for the refund of charges first, then seek professional advice about these other issues. There are plenty of solicitors who will tell you outright if you have any case for further 'damages', at no charge.

 

Hope that helps!

 

BAE :)

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