Court hierarchy

[Russe11]

please can someone direct me to a site explaining this and the cost involved/procedure.

 

If the my bank are going to try and defend, I might aswell get it a worthwhile level.

[BankFodder]

I don't know what you mean by saying that you want to get it at "a worthwhile level"

 

You have to go to the County Court.

 

You could go to the High Court but it is very expensive, more difficult in terms of procedure and if you lose you will suffer a serious costs penalty.

 

You go to the County Court, claim for less than £5000 and there is almost no risk of having to pay costs even if you lose - as long as the judge doesn't think that your claim is so ridiculous that it is abusive of the process or deliberately wasteful of the courts and the defendants time.

 

I am going to suggest very strongly that you read up a little on what you are proposing to do.

Google "Small Claims County Court UK" and see what what comes up.

Although it is quite easy, you do need to have some of the basics under your belt so that you don't make a fool of yourself.

Don't forget that the Bank's reacton to you will depend a great deal on whether they think yo know what you are doing.

 

This forum can help you to a certan extent but you must go and help yourself as well. This is a support forum - not a "Do-it-for-you" forum.

I hope that yo don't think that this is too harsh.

Remember that if the bank decides to go into court with you, then you will be on your own.

[Russe11]

It was more to a point of interest as well as the fundementals.

 

I have built up a reasonable understanding of the system.

 

The banks choices are to defend or not, but also I belive they are entitled to launch a counter claim if they so wish. Can the bank only do this at County Court level, or are they able to do more ?

[BankFodder]

They can launch a counter claim. If they launched it for a very large amount of money then the case could be transferred to the High Court.

I doubt whether you are involved with that kind of sum. - at least four x zeros - several times.

 

If the bank made a counterclaim then this would be very exciting because they would be indicating that they are going to go to court and submit to jusidical scrutiny of their penalty charge system.

They wouldn't be able to go to court merely on the question of the counterclaim and not have the principle issues which you have raised dealt with as well.

 

It is nearly inconceivable that the bank would want to go this way and if they did it would to my mind mean that they had been poorly advised by someone who did not appreciate what was at stake or else they were suprmemely confident that they could win the penalty charge issue.

[Russe11]

Exactly, they need to be lured in......lol (not suggesting anyone trys anything by not following the correct procedure - just a joke)

 

My bankmanger obv does not have a head for figures, I quote from my meeting...

 

"£1163 that is a lot of money, and interest !" ...."This is a considerable sum you are asking for" he remarked as reading my letter in front of me.

 

in my head "for a bank that is heading for nearly 10 billion year profits"

[BankFodder]

Done! 8)

[Russe11]

http://www.bbc.co.uk/crime/law/englandcourts.shtml

 

This seems to show the courts structure/relation to each other quite clearly.

[bmooney]

I am considering a claim against Lloyds TSB for approx £3000 in unpaid excess fees etc. If, after submitting the letter, the bank doesn't cough up and I start the claim through the county court small claims track, they defend, I understand it is the Judge who would decide if it needs to be heard in the small claims or higher court. If he decides a higher court and the bank wins, I would be liable for costs.

 

If, assuming it got this far, the judge descides it should be heard in a higher court, could I drop the case then? - I am a little scared about the potential damaging effect of paying their costs - just trying to protect myself!

 

Can anyone confirm my understanding of the situation. I know this is highly unlikely but I want to cover every angle.

[bmooney]

I am considering a claim against Lloyds TSB for approx £3000 in unpaid excess fees etc. If, after submitting the letter, the bank doesn't cough up and I start the claim through the county court small claims track, they defend, I understand it is the Judge who would decide if it needs to be heard in the small claims or higher court. If he decides a higher court and the bank wins, I would be liable for costs.

 

If, assuming it got this far, the judge descides it should be heard in a higher court, could I drop the case then? - I am a little scared about the potential damaging effect of paying their costs - just trying to protect myself!

 

Can anyone confirm my understanding of the situation. I know this is highly unlikely but I want to cover every angle.

[BankFodder]

If your claim is for less than £5000 then unless it is especially complex with a lot of witnesses etc then it will be allocated to the Small Claim Track. No costs unless you conduct your litigation very irresponsibly.

If it is £5000 - £10000 or compaex it goes to the Fast track. Limited costs.

 

After that Multi-track - full costs

Get yourself a bood on small calims in the County court. Visist your court for a booklet and go to a decent bookshop.

Don't get anything more than 150 pages - max

[BankFodder]

If your claim is for less than £5000 then unless it is especially complex with a lot of witnesses etc then it will be allocated to the Small Claim Track. No costs unless you conduct your litigation very irresponsibly.

If it is £5000 - £10000 or compaex it goes to the Fast track. Limited costs.

 

After that Multi-track - full costs

Get yourself a bood on small calims in the County court. Visist your court for a booklet and go to a decent bookshop.

Don't get anything more than 150 pages - max

[Russe11]

but as I have said before claims above 5000 cna be held in the small claims track, you have to make a request to the judge who will then assess the complexity of the case.

[Russe11]

but as I have said before claims above 5000 cna be held in the small claims track, you have to make a request to the judge who will then assess the complexity of the case.

[BankFodder]

True

[BankFodder]

True

[Russe11]

This topic was closed on 03/05/19.

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