claims OVER £5000

Edinburghlass_2

Its the forum glitching funkylala, I'm having to post to bump this back up now.

funkylala

Thank you!

eden

Hi, Can any one relate to my question please?
I have just completed calculating the charges for small business account over the last six years and cannot believe just how much the Nat West has taken from us. I am worried that because our claim is over £10,...they will throw it out and say this is bad management.
,

Edinburghlass_2

A few people are claiming large amounts but you do need to read the previous posts as this no longer comes under the small claims court when the claim is more than £5,000.

Wavy_ll13

Some advice sought please. Brief history - Wrote to First Direct requesting they repay amount of charges of over £3,900 plus interest of over £1130 totalling almost £5050. Had the standard reply from them saying the charges are lawful, part of the contract/terms & conditions.
I am now at a dilemma, was about to issue Martins 2nd letter to them for full amount inc interest and give them 14 days before court proceedings. Has anyone had dealings of over £5k (or any dealings with First Direct at all) - from what I can gather I may be better of a) requesting a lesser amount (£4,000 in mind) or b) Skipping step 4 and going straight to setp 5 'taking them to court'
Any help greatly appreciated (am slightly worried about all this and am not the best person for this sort of thing!)

Edinburghlass_2

Your claim is actually under £5,000 as you don't include the interest in this calculation.

toffee_man_2

If my claim at the Small Claims Court is over £5000 can I make two claims of say £2500 to avoid going to a higher Court?

nickmack

toffee_man wrote: »

If my claim at the Small Claims Court is over £5000 can I make two claims of say £2500 to avoid going to a higher Court?

You can make one of just under £5000 and then the remainder in a second court action. Claim for the oldest charges first.

ickster

Be careful. The Defendant could ask for the two cases to be joined. Also, the Court has a case management duty to join any similar claims with the same parties. The Court may see 2 similar cases brought an abuse of process. If they did join them, your claim would be handled in the fast track and, if you were unsuccessful, you would be at risk of paying the other side's costs.

esmerellda

There are benefits to putting the full claim in in one go - apart from not risking abuse of process or the second claim being joined - you'll get standard disclosure against the bank - which is something the bank really doesn't want as they would have to show their calculations of how much the breach truely costs....get your claim right, use the manual N1 form to file and go with fast track