Jump to content


Claiming over £5k


shahsanj
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5307 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

As far as I am aware you must not split into two claims for the one account. If you did so, the courts would look on it very badly.

 

I would not be too worried about the claim being over £5k as most claims are getting settled out of court.

 

Also, when it comes to allocating the claim to a track, you could state that even though it is over £5k, the principle of the claim is straight forward and request that it be heard on the small claims track.

 

If you are still worried, it would seem that your only other alternative is to keep the claim below £5k.

Link to post
Share on other sites

I would have thought that this information would be available from your local court or even on a website somewhere. A little investigating would surely bring this up?

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

Shahsanj,

 

The big advantage about the small claims track is that the defendant and the claimant bear their own costs no matter who wins the case.

The risk of not being on the small claims track is that if the claimant lost the case then the judge could order the claimant to pay the defendant's costs which if solicitors and barristers had been employed could run into thousands of pounds.

However it is plain from what has happened on all of the bank charges cases to date that the banks don't seem to have 'a leg to stand on' and that the claimant is 99.9% certain to win the case, so the risk of having to pay the defendant's costs when not on small claims track is just about nil.

If you did put in a claim for more than £5k and it was not allocated to the small claims track, then you can still represent yourself (litgant in person) without employing a solicitor. There might be more than one court hearing to attend so your time/ costs would be more. The good thing is that if you won, then the defendant would be ordered to pay your costs.

The initial Court fee for a claim £5k to £15k is £250, then there is another £100 fee for 'allocating to a track' (you would pay this in any case on a 'small claims' claim of £1.5k - £5k) and another £500 fee for the trial assuming your case had been allocated to the multi-track, or £250 if on fast track, but you would get all of these back if you were successful.

Let's face it, the chances of it getting as far as trial are slim - the bank would more than likely settle out of court before then.

If you have not already read them, HMCS booklets EX50, 301, 302, 304, 305, 306, 307 and 160A obtainable from the Court give a lot of information.

 

Another point to note is that a lot of claims are being transferred by the Courts from the County Court to the Mercantile Court within weeks of the defendant issuing the claim and before the claim has been allocated to a track (small claims track, fast track or multi-track). Therefore no matter what value the claim, and no matter what track the claimant anticipated the claim would be allocated to, they all get transferred to the Mercantile Court for an initial hearing on the same day before ever being allocated to a track. The banks don't even want to be forced into attendeding an initial hearing in the Mercantile and most of them settle out of court before the hearing.

There are however only a small nimber of Mercantile Courts in the country, and much depends on where you live/where you have issued your claim as to whether it gets transferred to a Mercantile Court.

  • Haha 1
Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...