Have any of you actually ended up in Court, in front of Judge?

[Dyanomo]

Exactly as the title says. I am really interested in anyone that has actually had their day in court in front of a judge over missold PPI?

 

I have looked in the PPI sucesses thread but hardly any ended up in front of a judge. I am interested because I am at this stage now. I wanted to know what factors affected your case, good or bad and if you won.

 

Thanks in advance.

[alanalana]

Hello Dyanomo,

 

I have taken the FOS route for reasons I will keep to myself at the moment. I believe the general urge on CAG is to go down the Court route but this will not suit all cases. If you go to Court and lose that is that and you may also face costs depending upon your claim amount. It also depends on whether you have a claim in small claims in English Court and the limit I believe is £5K or a Scottish Sheriff Court where the limit is I believe £3K just updated.

 

As I understand it if you reclaim a substantial amount then depending on the amount claimed depends on the Court costs which could be quite large (Site team requested to fill in the detail here).

 

The thing is you may decide to go down the small claims court route and the defendents may fold at the last minute. A lot seem to do this but you could also get a fight back in which case you will need the legal CAG team to prepare you for court (unless you feel at ease with fighting your case from the evidence you have to hand)

 

LEGAL seagulls please step in to advise:-)

or destroy my Olympic attempt at a helpfull post only looking for bronze!!

 

aa

[tonycee]

Court Fees

[alanalana]

With apolgies to Dyanomo,

 

Tonycee

 

Court Fees

 

are these costs applicable to English Courts and Scottish Sheriffs Courts?

 

or do the costs differ? dependent on location and claim area?

 

aa

[Michael Browne]

Court Fees This link is for county Court fees in England & Wales

 

 

Scottish fees are here:

Court Fees

 

Northern Ireland here:

http://www.courtsni.gov.uk/NR/rdonlyres/E6E15F6A-EAD0-4EAC-8ED3-660DABC69882/0/CountyCourtCivilBusinessCourtFees.pdf

[alanalana]

Again with apologies to Dyanomo using your thread,

 

Michael Browne,

 

Thank you for the links much appreciated.

 

If I were to want to reclaim up to £19k+ in a Scottish court what would be the costs then?

 

aa

[Michael Browne]

In Scotland, Small Claims limit is £3000. £3000-£5000 is Summary Cause.

 

 

Over £5000 is Ordinary Cause, for which, as a rule, you have to be represented by a solicitor and you risk having to pay your opponent's costs and expenses if you lose the case

[alanalana]

Michael Browne,

with apologies again to Dyanomo,

 

 

In Scotland, Small Claims limit is £3000. £3000-£5000 is Summary Cause.

 

 

Over £5000 is Ordinary Cause, for which, as a rule, you have to be represented by a solicitor and you risk having to pay your opponent's costs and expenses if you lose the case

 

many thanks for that information on Scottish claims.

 

aa

[bathgatebuyer]

I'm off to court against the Halifax on 30th Sept so it's an interesting question for me too!

[Dyanomo]

My claim is for less than £3000. If I loose will I have to pay their court costs? From the info above it looks like I won't but just want to make sure.

[reidnet]

Yep Ive been to Court over PPI (Surprise Surprise..lol), It was only for an allocation Hearing though.. Needless to say Never got the Final Day in court as the matter was settled a couple of weeks before the full hearing date. I cant disclose the full agreement that was reached as its covered by a Tomlin Order, but can say it was settled to my Satisfaction ..

 

Also mine was not excatly a straightforward case, but in the end I learned a lot from it.

 

Ian

[alanalana]

Hello reidnet and dyanomo,

 

Yep Ive been to Court over PPI (Surprise Surprise..lol), It was only for an allocation Hearing though.. Needless to say Never got the Final Day in court as the matter was settled a couple of weeks before the full hearing date. I cant disclose the full agreement that was reached as its covered by a Tomlin Order, but can say it was settled to my Satisfaction ..

 

Also mine was not excatly a straightforward case, but in the end I learned a lot from it.

 

Ian

 

May I ask what is this Tomlin Order?

 

aa

[Michael Browne]

See here:

Tomlin order - Consumer Wiki

[alanalana]

Thank you Michael Browne.

 

for that last post.

 

aa

[reidnet]

Thanks Michael.. Saved me typing it all in..

Ian

[wills7]

I have been up against a judge and welcome finance for missold PPI and came away from the hearing £700 richer!!:)