Northern Ireland Small Claims court Max 2k How do Spilt Claim

[eratu13]

Hi there as the title says so far the charges against my bank are in excess of £3000 and thats just on the statements they sent me.(they have not fully complied with data access request but am working on that seperately)

I read elsewere on forum that maxium claim through small courts in N.Ireland is £2000 So how do I go about spliting claim.Do I do it by calender year or financial year or by sort of charges? Any advice would be most welcome

 

Thanks Eratu13

[Rooster-UK]

Hi Eratu. Welcome to the forums.

 

Split your claim in any way you want. Whatever way is easiest for you.

[eratu13]

Thanks for the advice , do I therefore have to send in 2 sets of letters .Two preliminary letter with seperate schedules of charges ,two letters before action etc or do I just spilt claim at small claims stage. Also at small claims stage do I submit amounts of £2000 inclusive of interest or exclusive of interest(£2000 being small Claims limit in NI).

 

They owe be over £3000 on the satements I received so better to split it in half then?

Also How do I stop them applying to combine money into one claim forcing me to go to a higher court and therefore be liable for all sorts of additional fees and legal costs?

 

Sorry for all the questions but am anticipating a lot of trouble as the banks in NI are even worse than in the mainland UK , hard to believe I know but they have even been investigated by the monopolies and mergers people and the consumer council.

 

Any Help greatly appreciated

Eratu13

[Rooster-UK]

Sorry I didn't get back to you straight away.....I've only just seen your post.

 

Split your total claim into two halves and run all through from start to finish on the first half.

When thay have paid up on that, then hit them with the second one in exactly the same way.

 

The bank won't ask the court to combine the two but the judge might, so by splitting them completely and running them one after another then the judge won't know about the second claim.

 

Make sure that you make it plain in your correspondence, the dates covered by the claim ( from....to ), and when you win your first claim, don't accept any conditions from the bank ( confidentiality, won't sue them again, etc ).

I the bank tries to impose any conditions to the payout, just cross them out and initial them....... they will still payout because they don't have the right to attach conditions.

 

[eratu13]

I split the claim and sent of the first letter and have the standard we will investigate waffle so on wednesday next I send the letter before action.Will let you know how I get on thanks for the advice.Am going to start a thread in the other institutions sections as Scotland has its own section but us N.Irelanders don't( sniff sniff)

 

Eratu13

[Rooster-UK]

Scotland has itsown section but us N.Irelanders don't( sniff sniff)

A few more N.I. claims and it soon will have.

 

Just keep to your own timetable....... You're in the driving seat. You pick the route.

 

 

Good luck with your claim.

[carriexs87]

I split the claim and sent of the first letter and have the standard we will investigate waffle so on wednesday next I send the letter before action.Will let you know how I get on thanks for the advice.Am going to start a thread in the other institutions sections as Scotland has its own section but us N.Irelanders don't( sniff sniff)

 

Eratu13

 

Hi

We are claiming in NI too and have to go to court soon. Its with the bank of Ireland? Who's yours with??

[eratu13]

My claim is against the first trust.You can view other threads in relation to N.I in the other institutions section of the website .There is one ongoing about someone else also doing battle with the bank of ireland you probably should read.Create a thread in there so we can all follow how things go for you, Good luck

 

eratu13

[philip dempster]

From Northern Ireland to....

Hi all, I'm hoping someone might advise me. As far as charges go, do we claim for all or part charges i.e. anything after £12.00.

I'm currently claiming off Abbey. Received 12 months statements , 40 days up on 21/09/2006 , rang them and was told they actually have 80 days to comply, can anyone tell me is this true ??

I did receive a letter from them 21/09/2006, stating delay in investigation ,sorry for the delay and that they should let me know within another 4 weeks how they are getting on.Is this a joke ???

In the last 12 months I have worked out that I have been charged £957.00 I'm just not sure how or what to claim for.... Please help !!!

[eratu13]

Ok they have 40 days 80 days is Bullsh*t and they are just being a pain and time wasting.

 

Go and read the FAQ carefully you can take them to court for noncompliance with the data protection act , but that takes time better to extrapolate the figures from the statements you do have put the claim in for that and your statements will suddenly appear if it turns out they charged you less than your averaged figure. If they dont appear you have asked for the information and your best guess is the average file for that and see whta happens as long as you show the judge how you got to your estimate he is likely to take the view the bank was being deliberately obstructive and be on your side.Remember this is a civil case and you have only to prove the balance of probabilties show you tried to get information to make an accurate claim but they refused to play ball.

 

eratu13

[lickthewallfatboy]

Philip

what Abbey have told you is a lie-they have 40 days from receipt of request to fulfill it-not one day more.Do a nice healthy estimate of all charges,add your 8% when it gets as far as filing a court claim,and sit back and wait for your money.

 

Also,the difference between you charge and £12-if a clause in the T&C's of your contract is unfair,you are entitled to the lot.....as we all are

 

Abbey have gained a reputation for being a total pain to deal with,so be prepared for a fight.

[bill-k]

Hi Eratu13 & you guys - I just stumbled in here and it looks interesting.

 

Not sure that I can contribute anything here, yet, but I shall be watching. I have sent SAR and waiting for result from that. Expecting to claim back over more than 6 years, and claiming Contractual interest at max. rate (check out "A New Way of Looking at Interest" thread - awesome stuff). Using English SCC but I intend to split my claim, and use estimates for earlier charges, too.

 

Geat stuff- Keep on going - I'll be watching.

[bill-k]

Sorry - was it summat I said !!?

 

I guess you've died or had a major thread transplant !!

 

I can't keep up, I really can't.

[eratu13]

Hi Bill sorry about not coming back to you have been away.I have a main thread about my claim in other institutions section of website. Under the title first trust can be trusted to rip you off.

 

Eratu13

[bill-k]

Hi Bill sorry about not coming back to you have been away.I have a main thread about my claim in other institutions section of website. Under the title first trust can be trusted to rip you off.

 

Eratu13

Hah... Cheers, matey. As long as it wasn't my under-arm Deo !!

Yeah, there's so much stuff, here, we can't keep up a lot of the time !!

Cheers & all the best, matey. It's a jungle...