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Section 69 interest - included in Small Claims Court limit?
I've looked everywhere on here for the answer to this question - but when I do find an answer, I see it contradicted somewhere else.
Can someone who KNOWS for certain, please tell me if the section69 interest (at 8%) is included in the £5,000 limit for claims through the Small Claims Court, or whether it is only the actual bank charges you are claiming that fall in this limit?
Re: Section 69 interest - included in Small Claims Court limit?
It's here:
Originally Posted by FAQ
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Q. When referring to the "track" of the County Courts, does the £5000 limit include interest and costs?
A. No, it doesn't. You can claim up to £5000 net of costs and interest and this will not affect the track allocation. However, in determining court costs only, the value of your claim will be the charges total PLUS any interest claimed. If this is the case, then court costs will be set at £250 rather than £120.
Remember though, that these court costs will be reclaimable should you win....
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Re: Section 69 interest - included in Small Claims Court limit?
The s.69 8% is NOT a part of your claim. Therefore to be in limit your claim must not exceed £5,000. The s.69 is added afterwards - there are a few posts that contradict this, and even the court staff are not fully aware of this, but if you were NOT claiming the interest your claim limit would still be £5,000.
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All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Re: Section 69 interest - included in Small Claims Court limit?
Thanks guys! Been trying to dig this answer out using searches for the last couple of days, to no success! But that will do me for now
So basically the fact that my charges amount to £4800 (approx) means that I will fall inside the £5000 limit for the small claims court, regardless of the fact that if it goes to court and I claim interest at 8% on those charges, that the total sum will increase to just over £6000...
Fantastic news. Prelim Letter is going in the post today
Re: Section 69 interest - included in Small Claims Court limit?
s.69 interest is awarded at the discretion of the court, and as such you are NOT claiming it from the defendant as a part of the claim. It is possible, though highly unlikely, that the court would not award it...
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Re: Section 69 interest - included in Small Claims Court limit?
No I understand that it's added by the court and that if they settle beforehand etc then I won't be paid any interest, just the problem I had was understanding what "track" my claim would take when the interest pushes it over £5000. There are posts on the forum that suggest this would result in a fast-track approach, which was conflicting with information in the FAQ.
Section 69 interest - included in Small Claims Court limit?
(at 8%) is included in the £5,000 limit for claims through the Small Claims Court, or whether it is only the actual bank charges you are claiming that fall in this limit?
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Originally Posted by FAQ
