- Thanks received
- 6
Plausible in a smaller form, but not cheap. The issue fee is paid when the claim is issued, whether or not it's later stayed: £455 for £5k–£10k, and 5% of the claim value between £10k and £200k. Across thousands of borrowers that's millions up front. A claim form also has to be served within 4 months (6 if you're in Scotland or abroad), and a stay has to be applied for or agreed, so don't agree to one. If they later drop claims, the claimant normally pays the defendant's costs on discontinuance. And "settle or face full costs" would be misleading for small claims, which is exactly the undue pressure the FCA warned about on 2 Nov. Most likely is a limited batch, so if papers arrive, respond in time and don't agree to a stay or a quick settlement without advice.So then I think this is a play.
And be prepared.
The strategy can be as simple as that. And I might suspect is cheaper.
Lets sue the alices and the bobs en mass.
And at the same time ask for stays.
What is the cost of that? (I bet not the figures we discussed yesterday - a lot cheaper)
Then write back to the 6000 victims:
We issued the court order, pending the validation order:
It's on you now the victim, you can either settle and we drop the case. You avoid the costs. OR you risk us getting that validation order and go full blown trial will all costs.
What would the 6000 victims do in that case???
And let's imagine the FCA does not grand the validation order. That may be a blessing in disguise to the scammer:
We drop the case now because we don't have it.
Now honestly do me the math. What does the above cost to send court papers to everyone?
What now has been achieved?
Its 6000 victims with court papers issued.
And is a distribution, with some, settling...
How far fetched is this you think from a potential strat?
Not legal advice.