Non-hardship claims

natweststaffmember

dyfrigj wrote: »

It would not be significantly higher, unless it progressed to the Appeals Court, or the judge ruled that my bank could be awarded costs for my unreasonable behaviour.

Costs are at the discretion of the judge so your filing fee would be lost and furthermore the bank could apply for costs against you should you lose with regards to their own costs defending. They could say that you went to court with no hope of winning. As I said before, be careful and have some patience. No one wants a martyr who loses and gets costs against them.

dyfrigj

The only way in which a judge on the small claims track can award costs is that if he decides that the losing side has acted unreasonably in bringing the case to court. Now the bank might seek to argue that I was being unreasonable in bringing a case that I knew had no prospect of success. However, I think that it would be incredibly difficult to persuade a judge that the argument prepared for Money Saving Expert by a QC was so outlandish that it had no prospect of success.

natweststaffmember

dyfrigj wrote: »

The only way in which a judge on the small claims track can award costs is that if he decides that the losing side has acted unreasonably in bringing the case to court. Now the bank might seek to argue that I was being unreasonable in bringing a case that I knew had no prospect of success. However, I think that it would be incredibly difficult to persuade a judge that the argument prepared for Money Saving Expert by a QC was so outlandish that it had no prospect of success.

Advice given to you but unfortunately, that is where my advice ends. I would be surprised at the moment, if you got any further advice on a non hardship case going to court since there are absolutely no wins and I am aware of a case where costs were given to the bank but you have been warned. Keep the thread updated on your progress because there is little advice that can be given to you once you start the court process.

Premier_2

dyfrigj wrote: »

The only way in which a judge on the small claims track can award costs is that if he decides that the losing side has acted unreasonably in bringing the case to court. Now the bank might seek to argue that I was being unreasonable in bringing a case that I knew had no prospect of success. However, I think that it would be incredibly difficult to persuade a judge that the argument prepared for Money Saving Expert by a QC was so outlandish that it had no prospect of success.

I believe what is happening in such cases is that the bank applies to have the case heard outside of the small claims track ... and that the judge is often inclined to accept such application.

natweststaffmember

Premier wrote: »

I believe what is happening in such cases is that the bank applies to have the case heard outside of the small claims track ... and that the judge is often inclined to accept such application.

Premier, you need a coffee cos I have not heard of one case where the amount is under £5000.00 where this has happened. Please can you give me a link to one case(because I might have missed it on here).

Premier_2

natweststaffmember wrote: »

Premier, you need a coffee cos I have not heard of one case where the amount is under £5000.00 where this has happened. Please can you give me a link to one case(because I might have missed it on here).

No links available, it was an expression of my opinion not a fact, but as the OP has stated, costs are limited in the small claims track (and that is a fact).


Edit: I have had a small claim for about £3.5k (nothing to do with bank charges) reallocated to the fast track because it was argued the case could develop into something complex. It was to do with the role & liability of an agency involved a dispute. In the event, despite being re-allocated to fast track, the case wasn't particularly complex and I got nearly all the amount claimed. Iirc, there was some argument over about £100 of the total claimed (which I became aware was probably going to get into complex law) and I decided not to press for that, pleased with the £3.4k the judge was happy to award me.

Edit 2: Could this be an example of just such a case?
http://forums.moneysavingexpert.com/showpost.html?p=33804913&postcount=169

dyfrigj

Update: I filed with the small claims track, and the bank had until yesterday to submit a defence. They didn't bother submitting one, and I am requesting that the court enter judgment today. Will keep the board posted.

Premier_2

Don't get too excited ... it happens more regularly now.

You'll get granted judgement in default.
You wait and wait for the bank to pay. They won't.
You might even decide to spend some more of your hard earned cash on enforcement action.
Then the bank will apply for the judgement to be set aside (which will almost certainly be granted)
They'll probably also apply for the claim to be struck out. If that is successful, all the money you spent on court fees will have been lost.
If it's refused, they'll apply for the claim to be taken outside the fast track process, leaving you liable to all costs, including the bank's, in the event you lose.

dyfrigj

Do you happen to know

1) On what grounds the banks appeal to have the judgment struck out?
2) On what grounds they request that the judgment be taken outside the small claims track?

billshutbob

Tried to reclaim with the help of FSA (Halifax,Alliance + Leicester,First Trust.) 3cases 3 rejections by FSA. Disappointed lot of time and effort into letter writing phone calls etc. Totally unfruitful. Feel like giving up and accepting the loss!!!!