Heard from your bank/court about your claim being restarted? Please let us know.

esmerellda

just be easier to have it all together really, this threads grown somewhat.... I'll get them all together on a new thread for you and send you a link. i hate it when the puters are going really slow takes half hour to do something that otherwise would take 5 mins.

esmerellda

which bank are you with btw ? ignore that its nationwide

onlypaddy

Hi all

My case is on hold in the court, so I wrote to Lloyds offering reduced settlement or asking permission to amend my POC's. Got this letter back....most of it is the normal spiel, the bit that concerns me is the bit about me agreeing to paying costs for their amended defence. I was under the impression that in small claims, no costs would be footed by me?



What's the thinking?

natweststaffmember

If you amend your POC there IS a cost to it unless you get a fee exemption which means completing a N244 form. I would add that there is no cost to them since they are either going to allow you to amend it or they will refuse it which may mean that they will ask for costs to defend the amendment and may even ask the case to be struck out.
If you have even mentioned penalty charges there is no case to answer since penalties in law argument went some time ago.

onlypaddy

i know there will be a charge for me to update my POC, I just wanted to clarify that I wont have to pay Lloyds anything. They just using scare tactics...?

my original POC pretty much followed the template on this site...I want to amend them to fight under the new argument, you know UTCCR's regulation 5 and Consumer Credit Act and all that...

Should I proceed or do I have no chance? I wrote my original offer in the hope that they would settle, but knew they wouldn't really...yet I was willing to offer - would the court look favourably on that?

natweststaffmember

onlypaddy wrote: »

i know there will be a charge for me to update my POC, I just wanted to clarify that I wont have to pay Lloyds anything. They just using scare tactics...?
Only a judge can award costs and that would be on the basis that there was no likelihood of you winning the case.
my original POC pretty much followed the template on this site...I want to amend them to fight under the new argument, you know UTCCR's regulation 5 and Consumer Credit Act and all that...
Do you understand the argument? Run past me briefly how you will argue your case(a bit of practice so to speak)?
Should I proceed or do I have no chance? I wrote my original offer in the hope that they would settle, but knew they wouldn't really...yet I was willing to offer - would the court look favourably on that?

They won't settle and they will fight all the way.

littleeff

I just wanted to check please, after being rejected by the FOS I have been sitting tight and waiting for further news. I guess there is only the option for me is to take it to court now ....I am considering handing the case over to someone to sort for me, as i am getting no-where fast and the sums are pretty reasonable, but I cannot see a way I can cope with it. Without getting shot down, can anyone recommend a company that would take this on (no win, no fee) as i am willing to loose a % of it to still get ANY result.

natweststaffmember

littleeff wrote: »

I just wanted to check please, after being rejected by the FOS I have been sitting tight and waiting for further news. I guess there is only the option for me is to take it to court now ....I am considering handing the case over to someone to sort for me, as i am getting no-where fast and the sums are pretty reasonable, but I cannot see a way I can cope with it. Without getting shot down, can anyone recommend a company that would take this on (no win, no fee) as i am willing to loose a % of it to still get ANY result.

I normally advise on the reclaims board more than any other board. I will be polite but I won't recommend any company to do a claim for you. I would simply google "bank charges" and claims companies will come up. Write down the ones you think you might like then google their names mainly looking for anything bad that has been said about them. If there is nothing or even if there is praise for them, then by all means feel free to let them do your claim.
It is your claim so the choice is yours but I can't recommend a no win no fee company to you.

littleeff

thank you natweststaffmember, I will take your advice on board. Much appreciated and sensible. I just dont know what to do next....theyve worn me down!

natweststaffmember

littleeff wrote: »

thank you natweststaffmember, I will take your advice on board. Much appreciated and sensible. I just dont know what to do next....theyve worn me down!

Personally, I would wait and take some time out of everything. Unless your income is currently insufficient to meet your living costs today then give it a few months. There are cases still going through the court system so there may be good and there may be bad news. Sometimes a break clears the mind