Bank charges - why not moneyclaim?

promoter

Hi
Quick question - In the step by step guide to reclaiming bank charges, MSE describes the court process as complicated, requiring lots of research, committment etc etc. This is in contrast to the credit card charges advice. Is it not possible to just chance your arm through the moneyclaim small claims procedure and just hope the bank won't contest it? If they do contest it, can you withdraw the claim from the court and just walk away?

Cheers
K

Premier_2

You can try chancing your arm, but it will cost you money.

If you withdraw the claim, you lose the court costs you paid.

Chances are, the bank won't ignore the summons but will ask to take the claim outside of the small claims fast track process. They will cite reasons along the lines of any decision could then be used as legal precident. Most important though for those involved is that costs will be awarded against the losing side, and those costs are not just court costs but all legal fees.

If you happen to win by default, that doesn't secure your money. You then need to take enforcement action. That costs money too. Eventually, but before you see any money, the bank will ask the judgement to be set aside, and as it was judgement by default, will probably be granted. (I believe this is currently a favourite plan of attack adopted by Nationwide) Then they will attempt to strike out the original claim, or at least defend it (which is where you suggest withdrawing anyway).
Either way, same result - you lose all the court fees you paid (more because you got the enforcement fees added too)

Kind of a lose - lose situation whichever way you look at it ... unless you really think you can win (but remember, no one else has yet)