claims OVER £5000

Thriftking

Hmm what happens if it is not dealt with on the small claims track?

Rex_Mundi

Fisher1981 wrote:

yeah sure but will it still be handles in the small claims procedure?

If you are in any doubts. Use post #6 in THIS THREAD to find your local county court. Give them a ring, and ask their advice. They are very helpful (I've always found). Small claims track is for claims under £5000 before interest is added. Your claim should qualify for this, but ring your court to confirm this.

kathatesshabby

Hi,

Ive been lurking around reading this site for a while now but the confusion is starting to numb my brain and i feel like giving up!

I have sent my first letter to Abbey with a cheque for £10 asking for my statements - they replied within 5 days with a letter saying i had to sign some form to do with data protection blardy bla.

3 days later i got my 14 months duplicate statements - the charges on those added up to £1900 - and this has actually been a good year!!!! so i dread to think what the full amount is going to be!

Im waiting for the microfische (??) thingys with the rest of the 5 years charges on - but i know the amount to claim back is going to be somewhere in the region of £9 - 12k + interest.

I know it is all on this site but i need someone to explain it clearly to me because i keep trying to understand what i need to do in order to claim back over £5,000, i keep trying to read everything that everybody has written but i end up getting really confused about how i file a claim etc etc.

Please please would someone be lovely enough to help me, i really really want to fight for this money because it would mean i can start again and pay all my debt off and mean no more sleepless nights - so i really dont want to give up - but i need help!!!!!

Thanks so much everyone

Kat x

Cazzdevil

I'm in the exact same situation Kath, Abbey are giving me the runaround - I've been waiting for archived statements since September. I reckon my claim will be for about £7k + interest, so I might split it up into 2 different claims, each for 3 years worth of charges if this is at all possible.

kathatesshabby

Is that possible do you think?
Im just getting so confused by it all, i almost wish i was claiming back less just to make it easier!!

Does anyone have any thoughts on which is easier...

Claiming back £9,000
or
Filing 2 claims for each 3 years to be able to do it online?

tb1_3

I am on the verge of taking Abbey to court after very small 'goodwill' gestures. The question is this : I'm claiming for nearly £7,000 with interest and have read in a number of places that the limit for small claims court is £5,000. What do I do ? I intended using the Money Claim on-line service. Do I need to do anything different due to the amount being over the £5,000 limit ?

As ever anyone's enthusiastic help would be greatly appreciated.

Tb

Edinburghlass_2

Suggestions as above if you go via MoneyClaim online.

Lilyanna_2

Hi all,

I hope someone can help. I am at the starting legal action phase of reclaiming my bank charges. I am with Nationwide and after much reading on this site it appears that Nationwide wait until legal action stage before offering anything at all.

My charges including interest amount to £7500. Of course the limit in the small claims court is £5000. Can I raise two seperate claims, one for the first 3 years and one for the second three years in order to claim back all of the money ? Is it better to make the first claim wait for it to be settled and then start the process off again with the second three years ?

Thanks so much to anyone who can help, now I am informed of just how much they have taken I simply cannot afford to leave it.

Lisa

Edinburghlass_2

Doing your claim in two separate claims by dividing the years seems to be the suggested method.

Do you have an amount without the interest added? Perhaps as Rex suggested earlier in this thread it might be worth calling your local court to find out what they suggest to keep it under the small claims limit.

kelloggs36

Hi, spoke to my friend today who is owed in excess of 9k from Nationwide for illegal charges to her account. I remember her complaining to me a few years ago, that she could not get out of debt because they refused to stop adding default charges on her account despite her pleading with them that all it was doing was ensuring that she was in permanent debt, and because of this, all her direct debits etc were defaulted, and charges slapped on, her od was never paid off even when she was paid, and so she was charged again and it was a never ending cycle!

Anyway, she wrote to them requesting a refund of the charges and quoted case law and told them that she would be taking them to Court. She got in return the standard letter refusing her claim.

Her problem, is that as the amount is over 9k, it is too big to go via small claims court. How does she go about taking this further? She also has no money at the moment (on Income Support) and so can't afford to pay the fees involved. What can she do - Nationwide are sitting on 9k of her money potentially, and she can't do anything about it!!!

Would be extremely grateful for some advice.