Pulling out after multitrack allocation

[oric]

If a claim is started for small sum against a financial corporation and for some reason it gets allocated to the multitrack then huge cost are payable for losing..

 

If it gets to allocation and you pull out then you must pay costs up to that point, but how much is it likely to be for a self litigant?

 

I know it can vary but does anyone know of a case where this happened? Corporate lawyers costs hundreds per hour so I guess it could be thousands by the time they have filed a defence and allocation hearing?

[havinastella]

Why has it gone Multi?

 

Can you give further details?

[oric]

I am trying to consider the risks before I start anything I cannot afford to continue.

 

The claim is complex involving s.140 Unfair relationship and data protection issues. Money owed by the lender is

 

Anyway, I cannot be sure it will stay as a small claim, so what is the worst that can happen costs wise up to allocation?

 

Withdrawl is seen as unreasonable so will they get all their costs? Could it be more than £2000?

[havinastella]

Remember small claims now has a limit of £10,000.

[oric]

I know the claim is well below the small claims limit, so I would be expecting it to be a small claim. However, the case is complex and the Judge can allocate it to the multitrack if he sees fit. Once you start claim, you cannot be sure it will be a small claim unless it is a very simple and straightforward issue. Once you start, you cannot pull out without costs. I have no clue how much costs up to allocation could actually be. If it is more than a couple of thousand, I would be in real trouble.

[Ganymede]

Have you actually issued a claim and has it been allocated yet?

[oric]

No I have not issued it yet because I am worried it will not be allocated to small claims. If I lose, I won't afford multi-track costs which can be £30,000+.

 

What proportion of a trial costs are for the stages up to allocation? Would it cost more than a couple of grand?

[Ganymede]

I think you're getting ahead of yourself with this talk of allocation to the Multi Track.

[BankFodder]

I think you're getting ahead of yourself with this talk of allocation to the Multi Track.

 

I agree.

Why don't you lay out the facts and we'll see how complicated it really is. You are making it all a bit mysterious - unnecessarily so, I think.

[oric]

I am concerned not to give too much detail on a public forum because they enemy may read what is on here. Of course I must weigh that against valuable advice people give here.

 

It involves a CCA unfair relationship, poss claim against one company due to a breach by another and data protection issues. I am owed

 

I was told that small claims are only for simple money claims, i.e I paid X and did not get Y. Or Z promised me £50 but has not paid, etc.

 

Hope that helps

[Ganymede]

I love the paranoia.

 

But seriously, it doesn't seem that complicated.