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Bank paying up before case query


Andy S
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A questions for all you legal eagles:

 

If I take my bank to court via MCOL, pay the £120 court fees to lodge the paper, pay the allocation questionnaire at £100 and instruct my solicitor to appear on my behalf at £150 a time that is approximately £370 I have laid out of my own pocket to get it to court. What if the day before the court case the bank pay me the bank charges by cheque.

 

How can I claim my £370 back?

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Although not a 'legal eagle' I would say that as soon as you pay court fees they are added to your claim. Therefore the bank has not settled the full claim and the court case would go ahead for the remainder. Claiming solicitors fees may be up to the court's discretion, especially in small claims.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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