molly-in-the-trolley Vs First Direct - SETTLED!

[MondeoST24]

What about if you issue claim for the £365.77 and £1770.93

 

If FD offer to settle prior to court you could write back saying I will accept settlement providing you they take the other accounts into consideration.

 

If they really want to avoid court, they may settle the lot.

 

On the other hand if it did get to court FD could probably say, we have offered settlement of this claim and the clamant refused it.

 

Just thinking out loud, the mods can probably advise better.

[MondeoST24]

Thats interesting,

 

Is it also illegal to put seperate claims in for different accounts with the same banks.

 

I was about to do just that on Monday morning, sh!t !

[MondeoST24]

It is not illegal to sever your claim and to conduct two separate claims for smaller amounts. However, it might be a basis for challenge by the bank - assuming that it goes to court. There is a kind of double jeopardy rule called "res judicata" which means that the thing is already judged. This basically means that you can't bring a second claim based on the same set of facts.

 

The position at present is rather ambiguous. Technically bringing two claims each based on two different sets of charges levied at different times is not res judicata; they are different sets of facts, after all. On the other hand deliberately severing the claim in order to manipulate the court rules to leave the costs risk with the bank may not find favour with the judge.

But it is not illegal. It merely means that the judge might say that in the matter of the second claim the case is res judicata and strike it out. In order to do this, the bank would have to raise the issue of res judicata in the first place.

 

I just want to be clear about this BF, I was going to begin a claim next week against FD for £2,500. That is for charges on my sole account.

 

However, I am waiting for DPA requests for several other FD accounts, joint account, another sole account, 2 personal loans and a credit card.

 

Should I wait for this DPA response and issue the lot together, to be honest I dont think it will get to £5000, probably £4k ish. I would rather not wait as my £2,500 LBA will expire and I would prefer to stick to the deadlines. However I dont want to risk the subsequent claims being struck out on a technicality.

 

Advice?

[MondeoST24]

Thanks BF, will begin action today.

[MondeoST24]

Expect an offer shortly from DG Solicitors