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Claims over £5000

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  • gsxr600
    gsxr600 Posts: 1 Newbie
    I have sent the final letter before going to court on 19th June, I used the template on here giving them 14 days, I called yesterday and was told that they have 4 weeks to investigate and that I should hear in another 3 weeks, so now I want to start court action, however I am claming £9200 from them so where do I start as this is out of the small claims court limit. I am thinking about using one of the no win no fee solicitors, but would rather do it myself.

    Can anyone offer any help, i.e which court action to take ect.
  • xlesleyann
    xlesleyann Posts: 96 Forumite
    Where do you live?

    If in England you can use MCOL, not sure how much the limit is you can claim back.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    gsxr600 wrote: »
    I have sent the final letter before going to court on 19th June, I used the template on here giving them 14 days, I called yesterday and was told that they have 4 weeks to investigate and that I should hear in another 3 weeks, so now I want to start court action, however I am claming £9200 from them so where do I start as this is out of the small claims court limit. I am thinking about using one of the no win no fee solicitors, but would rather do it myself.

    Can anyone offer any help, i.e which court action to take ect.

    Have a read of previous posts regarding the small claims limit. What you might consider doing is handing your claim over to the Financial Ombudsman once you have been dealing with this for 6/8 weeks. Have a read of the update in Martin's article regarding the FO.
  • Hannah2806
    Hannah2806 Posts: 5 Forumite
    Hi,

    I'm having a bit of bother with the MCOL. The charges I want to reclaim are £4174.50 and when I add the interest onto that it brings it up to £5112.82. When I put this into the 'claim amount' box on the claim form the court fee is calculated at £250, is this right? Anything upto £5000 and the fee is just £120, I thought small claims could be upto £5000 before the statutory interest was added.
    I'm wondering if I'm filling something in wrong, can anyone help?

    Thanks very much!
  • Kerrymap
    Kerrymap Posts: 32 Forumite
    Thats right if your claim is over £5000 then yes you will be charged £250, however if you win the case you will get this back. I was in the same situation but decided that it would be worth doing it. and today Abbey has got a little scared of me taking them court and have made me an offer.

    Hope that has helped.

    Kerry
    Joined pay off as much debt as you can 2012 challenge!!!!!!!!
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  • Thanks Kerry, it has!
    Think I'll risk it, after all I've got more to gain than to lose.
    Good luck with your claim.

    Hannah
  • Hannah2806 wrote: »
    Hi,

    I'm having a bit of bother with the MCOL. The charges I want to reclaim are £4174.50 and when I add the interest onto that it brings it up to £5112.82. When I put this into the 'claim amount' box on the claim form the court fee is calculated at £250, is this right? Anything upto £5000 and the fee is just £120, I thought small claims could be upto £5000 before the statutory interest was added.
    I'm wondering if I'm filling something in wrong, can anyone help?

    Thanks very much!

    This thread may help you re: claiming more than £5000 :)

    http://forums.moneysavingexpert.com/showthread.html?t=407082&highlight=claiming+over+5000

    Kez
    Member & fundraiser for Meningitis Research Foundation
  • I am currently in the process of trying to reclaim bank charges for my mother however, the charges total £6800 before adding interest. I understand that for it to go through a small claims court it has to be under £5000. Does anyone know what options are open to me as I'd like to claim all charges plus interest as it would near clear her overdraft. What court would have have to apply to and if she lost would she be liable for the banks legal fees? Any info on this would be gratly appreciated. Thanks Eifion
  • Small claims court deals with amounts to the value of £100,000. The £5000 is the limit in which should you lose(unlikely if you are prepared and follow the advice) that you would be held liable for the banks' costs.
    It is highly unlikely she will lose.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • lindilou39
    lindilou39 Posts: 927 Forumite
    I am currently in the process of trying to reclaim bank charges for my mother however, the charges total £6800 before adding interest. I understand that for it to go through a small claims court it has to be under £5000. Does anyone know what options are open to me as I'd like to claim all charges plus interest as it would near clear her overdraft. What court would have have to apply to and if she lost would she be liable for the banks legal fees? Any info on this would be gratly appreciated. Thanks Eifion
    try splitting the claim....i.e claim for 3 yrs then another 3 yrs...should save you any hassle.


    Lin
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