Ombudsman decision on rights issue late

Tryingtosave1000

Thanks Lincroft. I will go to none. I will go to small courts for now and take matters from there.

Cheers,

bris

Tryingtosave1000 wrote: »

Thanks Lincroft. I will go to none. I will go to small courts for now and take matters from there.

Cheers,

I fear this is to complicated for the small claims court, especially where an ombudsman has made a final ruling against you in a complicated case such as this.


The defence has the right to ask the court to have the case transferred from the fast track to the multi track. This is where it gets expensive, the limited legal expenses are off and the huge legal bills take over. That's not what you want to lose.


Your case seems to be based upon what could have been and not what would have been or even if you wanted to do it. It's a pretty weak case, a bit like asking the bookies if they will let you swap horses half way through the race after you know what the outcome is going to be.

lovinituk

Tryingtosave1000 wrote: »

Thanks Lincroft. I will go to none. I will go to small courts for now and take matters from there.

Cheers,

A £15000 loss is too high for a Small Claims - the limit is £10000.

The .gov website advises...

"There may be a more formal hearing if you’re claiming for more than £10,000 and you should get legal advice."

https://www.gov.uk/make-court-claim-for-money/going-to-court

unholyangel

Tryingtosave1000 wrote: »

Thanks Lincroft. I will go to none. I will go to small courts for now and take matters from there.

Cheers,

Its also over the small claims court limit of £10,000.

Meaning you will be liable for the other costs legal costs if you lose.

OP - I think this may fall under "pure economic loss" also - which is not recoverable where its not actionable by another type of damage (ie damage to property/personal injury/breach of contract - although contracts usually exclude this type of loss).

stevemLS

If you are claiming £15k it won't be a small claim, the limit is £10k, which carry additional risk in terms of costs.

DevCoder

A FOS judgement (not just an adjudicator but escalation to the ombudsman and their response) would be a massive case against you. TDI would have a good chance of success based on this alone.

If you think £80/hour is too expensive then do not follow up on this, the kind of expert advice you are seeking can easily be £300+ hour.

Discovery cases for sorting this sort of dispute out can go upwards of £800+ per hour when the legal companies big wigs get involved.

Tryingtosave1000

Thanks for the advice here. I believe that the big market makers and people like TD are wrecking injustice on small shareholders. They allow big market makers to exit their positions and then give small shareholders a chance.

For this very reason, I will press ahead perhaps starting with the small court and claim £9999

Tryingtosave1000

I will appreciate if one more suggestion can be provided. Is there a capital loss that can be registered for lapsed rights or not?

tomtontom

Tryingtosave1000 wrote: »

Thanks for the advice here. I believe that the big market makers and people like TD are wrecking injustice on small shareholders. They allow big market makers to exit their positions and then give small shareholders a chance.

For this very reason, I will press ahead perhaps starting with the small court and claim £9999

You need to be able to explain how you reached the amount you are claiming for. You can't just knock the figure down in order to use the SCC.

You need to take legal advice. Your current plan will fail at the first hurdle.

Tryingtosave1000

Thanks TomTon, it is a joint account and the claim was for £15,000. In this case, I should be able to start by filing a claim for £7500 for myself and £7500 for my spouse separately?