barracad v GMAC (Early Redemption Penalty)

[barracad]

I can't see any reason why it would go Fast Track.

[Guest willowb]

Good luck sweetie.....go kick some b***s:) lol

 

Wxxx

[lucaloo]

hi, i've had two fob off letters the same as you, going for money claim this week....

[Bona]

I've been fighting GMAC for years am interested in anyones experience I intend to get the buggers

Bona

[andrew1]

I'm just about to start one so I'll keep an eye on these threads and we can compare notes.

[ladymoonray]

Barracad, be careful, and don't assume you'll be allocated to the small claims track. You'll be OK if GMAC want to keep this low-profile, but they might decide to take yours as a test case (as Paragon have done with mine). If they say they're going to fight it, and they want a decisive answer, they may well persuade the judge to multi-track your case. I tried really hard to get mine into small claims, and I used all the right arguments, but the DJ was very clear that the importance for the industry and other consumers outweighed my arguments.

[Guest willowb]

So, what you're saying (and in the light of Morgy's claim) is that regardless of wether the claim is under £5,000 it could be put into fast track/multi track and therefore we'd be liable for costs???

 

Wxxx

[ladymoonray]

Willowb, I'm afraid so. The Civil Procedure Rules set out a list of factors the judge must take into account when allocating the case to a track, and the amount of the claim is only one of them. Where the interests of other parties etc. come into it, as with a test-type case, that can be outweighed.

[Guest willowb]

Well, in that case it certainly has knocked my confidence a bit!

 

Wxxx

[mrsfoot]

There is a claim where it is at allocation stage. The member has requested small claims and GMAC has requested multi track. The amount in question is under £3.5K but looking at the criteria the DJ has to adhere to when allocating it looks like it may got GMACs way, however the member is asking for GMAC not to be allowed costs (if it goes multi) as this will put the case on an uneven footing which is a direct discrimination in a supposedly fair trial!

[Guest willowb]

That's a good point, it seems very unbalanced even if the claim is over £5k that the litigant should bear the costs of a multi national company's decision to hire a barrister???? Surely the costs awarded should reflect what would be a fair and reasonable amount for either side to pay out on legal expertise? Is there a limit of £4,000?

 

IMHO there should be a table that goes something like the N1 claims table....

Claims of £4,000 - £7,000 Costs of up to £1,000

£7,000 - 10,000 Costs of up to £2,000

 

etc.....oh anyway, just a thought!

 

Wxxx