Small claims amount

smith9891 wrote:

My partners bank charges are over 6k going back 5 years without interest. am I better off claiming the full lot and settling for less OR put in a smaller amount in case it goes to small claims? Whats the rules on small claims?.

People have claimed over £5k and kept it in the Small Claims track but there is no guarantee. If the bank want to be awkward, they could try and have it put into the Fast Track. It would be up to you to persuade the court that the matter is easily resolvable in the Small Claims and moving to Fast Track is not necessary.

smith9891 wrote:

Sorry to be thick but what is fast track?

The Fast Track is (usually) the process for claims over £5000. If your case is allocated to the fast track, it means the losing party can be made to pay some costs including solicitors fees. Generally in the Small Claims this does not happen.

The Fast Track process can be more in depth and require more legal knowledge and also the hearing could be held in an open courtroom rather than the informal setting of a Small Claims court. (I.e. Sitting round a table)

Be aware that even if your claim for over £5k is allocated to the Small Claims track, if by some small chance you should lose, you still may have to pay some costs.

smith9891 wrote:

I think its going to be easier to pick a date that comes up less than 5k and hold out for that.

If you choose the furthest date back and then work out less than £5k, you can make a second claim for the remaining newest charges.