Charges over £5000.00 Help!!!

[fletch101]

My bank charges befor interest are over £5000 for the past six years. Is this claimable in small claims court or can I make two seperate claims to bring the ammount below this leval,i.e. year 2000-2003 and then yr2004-2006? It only took lloyds from 07/02/06 until 15/04/06 to send me copies of statements! Thanks for any help or ideas.

[jonni2bad]

Hi and welcome to the forums.

 

It seems from your questions that you have not yet read through the Frequently Asked Questions (FAQs) which is an absolute must.

 

Spend a day or two going through those, as well as the "Case Guidance Notes" etc. You will find them invaluable, and you need to do this in order to grasp the implications of the task that lies ahead of you......

 

Once you have done this, if you still have any unanswered questions, then post them here and they will be resolved in no time....

 

Many people here could easily answer those questions, but it really is vital to do some of the groundwork yourself. On the plus side, the benefits of a little hard work will hopefully result in a nice refund of those charges in the months ahead.

 

Good luck..!!!

[fletch101]

O.K. will do as soon as I get time only have one computer and dauters "homework!" gets priority.

[HD]

From reading around other threads it would appear that if you claim over £5k you become liable for a higher level of costs. the reverse side of this is that the banks could be forced to disclose more information to you, and they definitely don't seem to want to do that.

 

If you manage to get your daughters off your PC for long enough, spend time reading through the threads on the whole board.

 

Claiming for more than £5k would have a risk of costs but could deter the banks from wanting to defend.

 

You would need to be very sure of your case though.

 

That is my interpretation of the posts in the forum lately; I would be grateful of a mods input.

[Loula]

Have checked the HM Courts site

 

http://www.hmcourts-service.gov.uk/infoabout/claims/

 

It explains on there about the £5000 limit by saying to enables smaller claims to be fast tracked.

 

I will get another mod to see this thread

 

LOULA

[BankFodder]

My bank charges befor interest are over £5000 for the past six years. Is this claimable in small claims court or can I make two seperate claims to bring the ammount below this leval,i.e. year 2000-2003 and then yr2004-2006? It only took lloyds from 07/02/06 until 15/04/06 to send me copies of statements! Thanks for any help or ideas.

 

You should read the FAQ and the forum material as the answers are all there. It will take about 3 days or so to get your head round it all.

Also go to the courts service site as Loula suggests.

 

However a brief answer is that you can bring any claim up to about £50,000 (not PI) in the County Court but if you exceed £5000 you come off the small claims track and incur costs risks if you should lose.

 

read up the materila before you ask any more questions. But it is an important question which you should consider carefully before jumping in with your claim

[Loula]

Thank you BankFodder!

 

LOULA

[fletch101]

O.K. finaly got a few hours of use and had a very informative tour . I think i'll be keeping my first claim under £4800 .Just to be sure of my facts ? Am I right that I can claim £48??.?? plus the 8% interest and the court costs .This I would be pleased with, but they wont be getting away with the rest if I can help it .Beback soon (daughters permiting!)

[Bean]

Hello fletch101,

 

I had similar deliberations and realised that if I severed the process, e.g. 2003-2006 as a first claim, then 2000-2003 later, I would not be able to fully get back what had been taken. You may want to view my thread "Bean's Timeline" to follow my thinking - summary below. I hope it saves you some time and clarifies your decision-making.

 

Let me explain:

It depends on how you add up the figures for your claim.

If you decide on 2003-2006 as a first claim, then 2000-2003 later, you take the most recent period, add up charges within that period, and claim for those as a first 'severed' claim. You would be requesting a sum that in no way takes account of the cumulative effect of charges incurred in 2000-2003 - it's a sever so it must surely not rely on the previous period and if it attempted to could jeopardise your later, second claim for 2000-2003.

 

However, if you claim for the whole 6 years, there will probably be a date by which your overdraft becomes full of penalty charges. The whole of the charges after that date (excluding monthly account fee, and charges that would have occurred anyway) are then due to the cumulative effect of unlawful charges so form part of your claim. Recognising this fact alone has increased the value of my claim by £1000 to £5700, and as yet I do not have data for April 2000-June 2002 so it could be more.

 

It's entirely your choice. You could sever, claiming for penalty charges purely in 2003-2006 to obtain a settlement for just under £5000 (excluding 8% interest and court fees) then deal with 2000-2003 after that, or you could go for the whole 'over £5000' claim for the whole 6 years. Personally, I have decided to go for the latter - it reclaims what I claim has been taken, it's worth more in total, and it puts everything tidily in one place.

 

Threads on claims for over £5000 by molley-in-the-trolley, Alanfromderby, Janeyb, etc., will help.

 

Also, familiarise yourself with the implications of claiming more than £5000. My own view is that going beyond Small Claims into Fast Track should not be feared.

[fletch101]

Thanks Bean of in serch of threads then.

[fletch101]

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group