Isn't the Fast (Multi) Track route a better way to go?

[steveh6883]

Hi

 

I'm currently reclaiming £6562 + interest from Woolwich

 

Having read through a LOT of forums & threads, it seems to be the general opinion that even if a claim is more than £5000, it is better to ask for the track to be put on Small Claims, why is this?

 

My understanding is that if a claim were to be put on Fast Track, then, with 'standard disclosure', whereby banks are required to prove the validity of a £35 charge for bounced cheque, returned DD etc, and fairly early on in the process too, then this would be a better way to go because it would help stop the banks dragging their feet through Small Claims and abusing the process, because proving the validity of charges is obviously what they want to avoid. Is this not correct?

 

Also, although the final decision lies with the Judge as to which track a claim is to be on, can a person not ask for a preferred Track stating reasons ie. help reduce abuse of process & force the banks to either prove validity of charges or make a settlement?

 

Hope this thread has not been too long winded!

[steveh6883]

Further to my last post, can anyone tell me if a claim is put through on Fast track, does this then go to High Court, & if so, are the Judge decisions then setting precedents?

 

My reasoning is that, when I send LBA I am considering adding to the text of the letter to the bank, informing them I intend to ask for Fast Track and expect part of their defence to prove validity of high bank charges under 'standard disclosure'.

 

This is obviously in an effort to try and force an early settlement and avoid going to court at all, as I believe proving real costs of charges and having precedents set are exactly what the banks are trying to avoid.

 

Anyone any thoughts or comments?

[warrentuff]

Hi

Even though my claim was way over the £5K, I still put on the AQ that I would like it to stay on the small claims track. I see your reasoning, but have been told that Fast track could be anything up to 32 weeks (Ouch!!) however if you you read my thread, I have spoken to Barclays over the last couple of days who have stated that they intend to settle around 3 weeks before court date. Hopefully I will find out next week when it is - fingers crossed its before my holiday.

[steveh6883]

Thanks for that Warrentuff, whats the link to your thread?

 

Anyone else any other thoughts or views?

[warrentuff]

Now your asking me - my number is 62639 in Barclays/woolwich/reclaiming bank charges.

I don't know how you add links - sorry.

[steveh6883]

Thanks for that Warrentuff, in that case will be hoping for Small Claims Track even though over £5k. Can you ask for this track on the court paperwork? Also, how long did you have to wait between filing & court date?

[e28bigalbexley]

Hi Steve

I believe very few of these claims end up in fast track, the judges know the banks are paying out before hand. After you file your claim at court you may well be sent an Allocation Questionaire on which you will be able to state your case for SMC instead of fast track.

And in my case between filing claim and hearing date was about 4 months:eek: .

The courts are veryyyyy busy.

 

AL

[warrentuff]

Hi Steve

 

Hopefully by the end of this week the court will tell me the court date, I have been told reoughly 4 - 6 weeks from then. Barclays have told me that as soon as I have a court date they will contact me (yeah right) i'm not even waiting for the courts to inform me by letter, I will phone Barclays ASAP.

Keep em peeled, I will let you know.

 

Warrentuff