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Ash
Ash, Solicitor
Category: Law
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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
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
On what basis are they refusing to pay legal fees?
Alex
Customer: replied 1 year 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
Expert:  Ash replied 1 year ago.
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 1 year 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
Expert:  Ash replied 1 year ago.
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 1 year 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
Expert:  Ash replied 1 year ago.
No, its a small claim as its £10,000 or below.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thank you Alex
What about the secondary question that I should have been told that no costs are recoverable.
Paul
Expert:  Ash replied 1 year ago.
Yes. That is correct.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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