Defendants Awarded Costs If Case is Lost

[robpol55]

My main worry about continuing a claim for £3535 charges from NatWest is the reference i have often read that it is UNLIKELY that any costs apart from court fees would be awarded against the claimant. Can anyone give any information about the circumstances in which costs might be awarded against me.

[anon1]

In small claims court, you will not have to pay their cost on the amount you have quoted as £3535. Please do not worry you will win and remember you are in a win win situation.

[mrsfoot]

Hi robpol

 

At the moment no bank has gone to court and therefore when the banks solicitors are threatening you with the costs etc, take no notice as this is a stalling tactic which they think will make claimants give up.

There are circumstances where costs may be awarded if the case was lost but that involves fast and multi track cases. Unless your bank actually go to an allocation hearing and get awarded one of these tracks, it is highly unlikely that the claimant will have to pay costs.

Concentrate on getting it right, and then worry what you will spend YOUR money on!

 

Good luck

[anon1]

Sorry to disagree but I am yet to hear of any bank writing and stating costs against the claimant as a form of delaying tactic. Yes, they are using the tactic that says a case would fail in court but have I missed threads that states that costs could be awarded against the claimant under £5k and the lawyers writing to the calimant stating this?

[mrsfoot]

Abbey have sent a number of AQ out stating they will defend and asking for the fast / multi track to be considered and stating costs.

Also for future reference for mortgage charges this seems to be the track most banks / mortgage companies are going along. In small claims no costs are generally awarded. However if banks are going to move in the same direction re charges as some mortgage institutions, in asking for cases to be heard in other tracks, then it is a possibility that costs could be claimed in the event of a loss. HOWEVER no court case has came about yet so we wait with baited breath, as of course, if a case does go to court, then the defendant would have to demonstrate the actual loss is related to the charge added, and we all know that isnt going to happen any time soon!