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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I accepted a 12 month 'loan' from a C/C company which was sold

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I accepted a 12 month 'loan' from a C/C company which was sold on the basis that it was interest free. I didn't ask for it and was convinced it was beneficial by the Card employee when he said "even if you get 1% on bank deposit it's worth it". I found that although there was no interest charged there was a monthly charge because they no longer automatically took the full outstanding sum (which I always paid) but only the minimum 5%. I also found that with this' interest free loan' I was up to my limit with the card as it was refused when I tried to use it. In all I was charged about £750 in fees.
However, they refused to acknowledge that they had missold and said that they had repaid me my losses. After a year trying to recover the losses which I had not received I had to employ a solicitor. Even then they refused to cooperate and it has taken another year to get the information asked for. The Card company have now offered the £750 but refuse to pay my reasonable costs incurred trying to get them to agree that they had not refunded. My legal fees are £1500 and I have been offered only £750 with the bank saying that I cannot claim for my legal fees. It has tsaken two yeasr to get to this point would a judge consider that the card company has been unreasonable and order costs to me?
Thank you
Paul
Hello my name is ***** ***** I will help you.
On what basis are they refusing to pay legal fees?
Alex
Customer: replied 2 years ago.
Thank you Alex
The Bank (C/C) have quoted "the white book on civil procedure C1A_016"
May I point out that there has been many/many communications from me and the solicitor which have been either deflected or ignored or avoided before they eventually offered reimbursement..
Paul
Thanks Paul. If its a small claim then legal costs can't be recovered. Therefore if your principal claim was £10,000 or less then the rule is legal costs cant be recovered.
You could try through a small claim but I dont think you would be successful.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thank you Alex
What about the what I will call exceptional circumstances of the C/C company being obstructive. 2 years plus pressure from a solicitor is surely excessive? What if I go to an Ombudsman now with all the documentation, can they add 'punitive' damages (or any other legal description) to recover the legal costs? Alternatively, what If I decide to act for myself in a court other than a small claims court - am I permitted to do this?
Paul
The Ombudsman can not award anything, they can only make recommendations. If you go to small claim. yes you can act for yourself.
Does that help?
Alex
Customer: replied 2 years ago.
This begs the question; should the solicitor acting for me have told me unequivocally that I cannot recover costs and should she have warned me that her costs would certainly be in excess of the claim? I know this is another question but as you can see, it follows.
Can I apply to a more superior court other than a SCC and act for my self?
Paul
No, its a small claim as its £10,000 or below.
Does that clarify?
Alex
Customer: replied 2 years ago.
Thank you Alex
What about the secondary question that I should have been told that no costs are recoverable.
Paul
Yes. That is correct.
Does that help?
Alex
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