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Over charged maintenance bill (5yrs ago)


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I received a letter from my local authority stating that a final bill for maintenance work they sent me in 2007 for £700 was an over payment.

 

I had already paid £4000 previously to that,

they asked would i like the money back lol, I obviously said i would but i think i should be entitled to interest on the amount seeing that they have held it for five years. They offered me £50 compo without prejudice, which i refused. Does anyone know how much interest im legally entitled to ? i am sure it must be more that the £50 offered. Thanks in anticipation for you kind advice.

desamax,

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is 4% above the base rate about right

 

Hi Ya

 

Your lucky they have even acknowledged the fact that they owe you money back - LOL

 

£50 is a bit of an insult thought isn't it?

 

Check the CPR rules on interest payments - this will give the actual percentage to quote : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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i would think you are quite within your rights to charge them statutory interest that any court [and themselves!!] would charge on an outstanding debt.

8%

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They aren't far off. 8% of £700 is only £56.

 

Or is it 8% per month/year rather than just 8% of the overall total?

 

Per year, in fact im informed its 8% above the base rate for that years.

 

 

1st January - 30th June 2012 0.5% 8.5%

1st July - 31st December 2011 0.5% 8.5%

1st January - 30th June 2011 0.5% 8.5%

1st July - 31st December 2010 0.5% 8.5%

1st January - 30th June 2010 0.5% 8.5%

1st July - 31st December 2009 0.5% 8.5%

1st January - 30th June 2009 2% 10%

1st July - 31st December 2008 5% 13%

1st January - 30th June 2008 5.5% 13.5%

1st July - 31st December 2007 5.5% 13.5%

1st January - 30th June 2007 5% 13%

 

i hope this is correct

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They aren't far off. 8% of £700 is only £56.

 

Or is it 8% per month/year rather than just 8% of the overall total?

 

I agree..its under the 6 Stat Law year limit, so I see no reason why you shouldnt be refunded the full £700 plus 8% interest, however the 8% interest is only claimable if you start a court claim.

 

Write to them asking them to refund you the £700, and point out if they dont, you will start a court claim, and then they will be liable for your costs (approx another £150) and interest of £261 (this is assuming date of 1st August 2007) so eralier will be more, later less.

 

I had a similar claim against my landlord, I had been overcharged ground rent for many years, (in fact using S32 of limitation Act I was able to go back further than 6 years to appox 14 years back, my original claim was £500, but came away from court with costs & interest bring the total to just over a grand.

 

To calculate the interest I used a modified spreadsheet that I think I got from here or maybe another forum which I used to calculate interest in my bank charges claim :)

 

If you start a court claim, put £700 plus Costs plus Interest at 8% rising at the rate of £0.35 per day.

 

Andy

Edited by andydd
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Per year, in fact im informed its 8% above the base rate for that years.

 

 

1st January - 30th June 2012 0.5% 8.5%

1st July - 31st December 2011 0.5% 8.5%

1st January - 30th June 2011 0.5% 8.5%

1st July - 31st December 2010 0.5% 8.5%

1st January - 30th June 2010 0.5% 8.5%

1st July - 31st December 2009 0.5% 8.5%

1st January - 30th June 2009 2% 10%

1st July - 31st December 2008 5% 13%

1st January - 30th June 2008 5.5% 13.5%

1st July - 31st December 2007 5.5% 13.5%

1st January - 30th June 2007 5% 13%

 

i hope this is correct

 

No..Its just 8% claimable under the Section 69 Of The County Courts Act 1984, but realistly you must first just ask for the full £700 (as perhaps a Notice Before Action).

 

Andy

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I feel im entitled to more that the £700 that they offered seeing they held onto it for five years and could of informed me, but never did until now. They have asked would i like it back, when i asked about interest they offered the £50. The over payment was demanded by them and i paid promptly. They could and should have refunded me in 2007 and say it was overlooked.

D

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I feel im entitled to more that the £700 that they offered seeing they held onto it for five years and could of informed me, but never did until now. They have asked would i like it back, when i asked about interest they offered the £50. The over payment was demanded by them and i paid promptly. They could and should have refunded me in 2007 and say it was overlooked.

D

 

You could point out IF you went to court itn would cost them £700 + £261 + £150 (approx) plus their costs plus your personal costs (for time off work, max £90), and they might up their offer, otherwise start court action, they are then liable for the 8% interest as soon as you start it.

 

Andy

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