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Claims over £5000

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  • Leebcoward
    Leebcoward Posts: 149 Forumite
    Part of the Furniture Combo Breaker
    found this. Have a read.

    If your claim exceeds £5,000, you must either reduce your claim so it can be dealt with in the Small Claims Track or else you must bring your action in another track. You are not allowed just to divide a claim that is over the £5,000 limit into two or more claims so that each is within the small claims limit. For example, X lent Y £6,000. Y was to repay X in two instalments, each for £3,000. X cannot argue that there were two separate contracts. The loan was one transaction; X may not have two claims heard in the court using the Small Claims Track.

    The other tracks are as follows:


    Fast Track - Claims for £5,000-£15,000 with the trial to be no more than one day. (There are limited costs recovery rules and the trial will generally take place within 30 weeks of the case directions which are the orders the court makes for the administration of the case.)
    Multi Track - Complex cases and claims over £15,000.
    Stick to YOUR timescale. Dont take ANY bull. DONT be intimidated. The law is on OUR side.
    :o Feel free to thank me if I was a help :o
    >
  • silkyboy
    silkyboy Posts: 9 Forumite
    thanks for the info - will look into it and keep everybody posted on the results and findings/proceedures etc.didnt realise it would be 30 weeks but hey if thats what it takes then it will be worth it(fingers crossed).
  • silkyboy
    silkyboy Posts: 9 Forumite
    does anyone know of any fast track claim sites for amounts between £5000 and £15000?been looking but really dont know where to start.apologies if sites are easy to find/access but could really do with some pointers.starting to get stressed with whole situation.(i know it probably gets worse!)thanks for replies so far,its really good to know that people are willing to share their information for the same cause.:confused:
  • So I have got list of my charges over the last 6 years from my bank and I'm shocked, surprised and more than a little embarassed that without interest the 'claimable' charges are over £6K :eek:

    Looking at the info on this brilliant site and Martins video it seems the info is for £5K and under. Any more than this and it can't be dealt with via small claims...is the correct?

    If so, and if/when it gets to that stage where do I go? Do I need different letters and a different process?

    Apologies if this has been covered before but I cant find any info using the search.

    I do hope some of you can shed some light on this so I can continue in confidence.

    Thanks x
  • demented_2
    demented_2 Posts: 455 Forumite
    Hi, I don't know if this is any help to you but have you tried phoning your local court? Ask for the issue section. They are the people who would know the answer. Also try https://www.hmcourts-service.gov.uk the court website is very easy to understand. You can also find your local court on it.
    good luck. If you get stuck trying to find it get back to me.
    I think that now there arenow so many bank charges being reclaimed Northampton Bulk centre are mostly dealing with them.
    demented
    20p savers club
    before joining had nothing
    joined on 19/03
    now have £40.00 saved :j :j :j
    saving to pay off debts Debts now paid off. Yeah.
    Amazon sellers club member 31
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    sianieboo wrote: »
    So I have got list of my charges over the last 6 years from my bank and I'm shocked, surprised and more than a little embarassed that without interest the 'claimable' charges are over £6K :eek:

    Looking at the info on this brilliant site and Martins video it seems the info is for £5K and under. Any more than this and it can't be dealt with via small claims...is the correct?

    If so, and if/when it gets to that stage where do I go? Do I need different letters and a different process?

    Apologies if this has been covered before but I cant find any info using the search.

    I do hope some of you can shed some light on this so I can continue in confidence.

    Thanks x

    I've merged your post with these other posts regarding claiming more than £5,000 with some answers for you.

    Don't be put off over the size of your claim, get it started now and meantime check out all the links and posts about the process. Good luck.
  • My charges come to over £7K and I have continued with the MCOL process. As someone else said it seems the Northampton court is handling the claim and using the same process as if it was still within small claims criteria. If that changes they will advise me as part of the process. It seems the best advice is to get the claim in and worry about which court acts after. Costs will be £250 payable up front.
  • DeeDee07
    DeeDee07 Posts: 57 Forumite
    Heya just wondered what website I would use if my bank charges are over 5000??
    I saw on the intro that it says you can only use a small claims court if the charges are under 5000??
    Thanks xxxx
  • nickmack
    nickmack Posts: 4,435 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    DeeDee07 wrote: »
    Heya just wondered what website I would use if my bank charges are over 5000??
    I saw on the intro that it says you can only use a small claims court if the charges are under 5000??

    You can use MCOL, but the claim may be transferred from the Small Claims to the Fast Track court system.
  • DeeDee07
    DeeDee07 Posts: 57 Forumite
    nickmack wrote: »
    You can use MCOL, but the claim may be transferred from the Small Claims to the Fast Track court system.

    So will MCOL help me with this,ie point me in the right direction when i start the MCOL proceedings.
    Im sending the 14 day second letter tmorw as all i have had is the usual 28 days blah blah blah
    Thanks xx
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