Hardship Rules & Bank Charges

pnorman

Hi! All

I have just got the local Court to lift a Stay and give a hearing date of 17 February 2010, for my case against Lloyds TSB unfair charges, I am advised to consider the House of Lords Ruling

Your comments please

Phil:j:confused::mad:

esmerellda

Hiya, On what basis did you ask for the stay to be lifted ? - Hardship - or the supreme court judgment and end of the waiver ?

Has the stay actually been lifted or is this hearing to decide whether to lift the stay ?

If you can post up your application for the stay lift, order from the court agreeing, also your original Particulars of Claim you entered to court, as well as a basic outline of your circumstances then we should be able to help you prepare for the hearing and make any changes necessary.

Ame
xx

Premier_2

As already has been advised, consider the matter carefully before deciding to go ahead with a court hearing.

A court hearing will cost you more money, not just the court fee but possibly the defendants expenses (not legal fees) for attending unless you win.

Remember, as Martin says:

How likely is it I will get my money back?
A. Much less likely than prior to the Supreme Court result, but not impossible. Still, the best thing to do is plan for getting nothing, but cross your fingers....

http://www.moneysavingexpert.com/reclaim/bank-charges

natweststaffmember

Premier wrote: »

As already has been advised, consider the matter carefully before deciding to go ahead with a court hearing.

A court hearing will cost you more money, not just the court fee but possibly the defendants expenses (not legal fees) for attending unless you win.

Remember, as Martin says:

http://www.moneysavingexpert.com/reclaim/bank-charges

If it is under 5k it will NOT cost the OP anything since at county court he cannot be awarded costs against him under that amount. He would only lose his court fees if he lost.

esmerellda

Costs CAN be awarded against claimants in the small claims track it is entirely at Judges discretion. If the claim is deemed vexatious or there is no cause of action for example.

That is by the by in this case for the moment need to know basis of the stay lift and original POC to be able to assist

Premier_2

natweststaffmember wrote: »

If it is under 5k it will NOT cost the OP anything since at county court he cannot be awarded costs against him under that amount. He would only lose his court fees if he lost.

The plaintiff always pays the court costs upfront.
In addition to court costs, other expenses can be considered.
These include travel expenses for the winning party to attend court, loss of pay if applicable (maximum £50 per day). etc

The total court costs plus other allowable expenses are usually awarded against the losing party as part of the judgement (unless there are good reasons not to, e.g. a vexatious claim).
This is for all small claims up to £5k made in a county court.

Edit: I know people love to argue about the facts, so...

If you lose your case

If a court awards against you, then you will lose all the fees you have paid. In addition the court may allow the claimant to claim compensation for their travelling expenses, expert report and their witnesses costs, plus the court fees they have paid.

http://www.northtyneside.gov.uk/selfhelp/K7%20DefendingBring%20a%20small%20claim%20action.doc

natweststaffmember

Premier wrote: »

The plaintiff always pays the court costs upfront.
In addition to court costs, other expenses can be considered.
These include travel expenses for the winning party to attend court, loss of pay if applicable (maximum £50 per day). etc

The total court costs plus other allowable expenses are usually awarded against the losing party as part of the judgement (unless there are good reasons not to, e.g. a vexatious claim).
This is for all small claims up to £5k made in a county court.

Edit: I know people love to argue about the facts, so...

http://www.northtyneside.gov.uk/selfhelp/K7%20DefendingBring%20a%20small%20claim%20action.doc

If you read the post below mine, Esmerrelda corrected what I had said so the point has already been made.

Premier_2

natweststaffmember wrote: »

If you read the post below mine, Esmerrelda corrected what I had said so the point has already been made.

The point I thought Esmerrelda was making was that costs/expenses are not always awarded against the losing side. e.g. even if a vexatious claimant wins (because from a purely legal point of view the claim is correct) the defendant may not have to pay the costs.

However, the norm is the losing side normally pays.:)

Btw, whats wrong with making the same point again (even if that were the case)? You appear to have just done so:
http://forums.moneysavingexpert.com/showpost.html?p=27909199&postcount=4

pnorman

Hi!
This is a hearing to get stay lifted under hardship rules alone (nothing to do with Supreme Ruling) My circumstances are thus Unable to work through Serious health problems, mortgage arrears, on Pension credit, overdraft of £3800 and very worried

Phil

Premier_2

pnorman wrote: »

Hi!
This is a hearing to get stay lifted under hardship rules alone (nothing to do with Supreme Ruling) My circumstances are thus Unable to work through Serious health problems, mortgage arrears, on Pension credit, overdraft of £3800 and very worried

Phil

Does the hardship rule still apply? Can I still claim if I'm in hardship?
A. The FSA's hold on banks dealing with the reclaim has been lifted, so there is no longer a specific hardship rule.

However, under FSA regulations, banks must treat you fairly anyway and be considerate if you are in hardship. If you think that hasn't happened, you can complain to the Ombudsman (see the How To Complain To The Ombudsman guide). Though if it's about bank charges specifically, it's best to follow the information below.
We have already heard of cases SINCE the Supreme Court ruling of people getting hardship money back.

Source: Same link as I previously gave in my earlier post in this thread.

natweststaffmember

pnorman wrote: »

Hi!
This is a hearing to get stay lifted under hardship rules alone (nothing to do with Supreme Ruling) My circumstances are thus Unable to work through Serious health problems, mortgage arrears, on Pension credit, overdraft of £3800 and very worried

Phil

Phil, is this a court case? There is no hardship rules for a lifting of a stay in the county court. You can get fee remission if you are in hardship but there is no case law for lifting the case. You can ask the court but they may not necessarily agree with you.