Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)



Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE
+ Reply to Thread
Results 1 to 9 of 9
  1. 11th October 2006 16:11 #1
    newacre newacre is offline
    Basic Account Holder
    Help the CAG!!
    Download our toolbar         newacre Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2006
    Posts
    92

    Default Interest not included in £5000 limit?

    I read in the Patricia Pearlicon book that interesticon is not taken into account when considering if the total is less than £5000 for small claims. I have just been to my local CC (Leeds) and asked at the counter and they were sure that it is also the case for contractual interest.

    Can anyone confirm this?

    Similar Threads:
    Newacre
    LoydsTSB -     £4,158.82 inc interest @16%
    SARS request - July 06
    Prelim letter - 19 Sept
    Letter back saying how devastated all the lads at Head Office were to hear... - 31 Oct 06
    LBA sent - 8th Nov 06(had to send a 2nd as Royal mail lost it)
    Summons reg at CC 15th Dec 06
    Nice letter saying that they would be refunding £750, no strings! 18 Dec 06
    SC&M acknowledged service and will be defending claim in full - 4 Jan 07
    25 Jan 07 transferred to mercantile Court with about 50 others
    06 Feb 07 SETTLED IN FULL! - £4466(includes a bit extra interest)
    Reply With Quote Reply With Quote
  2. 11th October 2006 21:10 #2
    Bigmac versus Bigmac versus is offline
    Gold Account Holder
    Help the CAG!!
    Download our toolbar         Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative Bigmac versus Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    5,150

    Default Re: Interest not included in £5000 limit?

    Interesting always wondered that one myself about contractual being added after the limit.

    Reply With Quote Reply With Quote
  3. 11th October 2006 21:21 #3
    ian cognito
    Guest

    Default Re: Interest not included in £5000 limit?

    Think this is because the statutory interesticon is added when you go to court whereas you claim contractual interest along with your charges, so at the point you file your claim, the charges and the contractual interest already make up your claim.

    I'm sure someone will tell me if I am wrong!

    Reply With Quote Reply With Quote
  4. 11th October 2006 22:02 #4
    hagenuk hagenuk is offline
    Classic Account Holder
    Help the CAG!!
    Make a contribution         hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative hagenuk Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    Posts
    2,199

    Default Re: Interest not included in £5000 limit?

    Perfectly correct Jan.

    iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.
    Vanquis - Claim issued, no AoS or Defence received
    Reply With Quote Reply With Quote
  5. 11th October 2006 22:56 #5
    ian cognito
    Guest

    Default Re: Interest not included in £5000 limit?

    Thank you hagenuk, you most certainly are a gentleman x

    Reply With Quote Reply With Quote
  6. 12th October 2006 09:06 #6
    newacre newacre is offline
    Basic Account Holder
    Help the CAG!!
    Download our toolbar         newacre Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2006
    Posts
    92

    Default Re: Interest not included in £5000 limit?

    i understand your logic, which is why i asked. but that is not what they said. they said that it was the case for contractual interesticon ie that it is added after.


    Newacre
    LoydsTSB -     £4,158.82 inc interest @16%
    SARS request - July 06
    Prelim letter - 19 Sept
    Letter back saying how devastated all the lads at Head Office were to hear... - 31 Oct 06
    LBA sent - 8th Nov 06(had to send a 2nd as Royal mail lost it)
    Summons reg at CC 15th Dec 06
    Nice letter saying that they would be refunding £750, no strings! 18 Dec 06
    SC&M acknowledged service and will be defending claim in full - 4 Jan 07
    25 Jan 07 transferred to mercantile Court with about 50 others
    06 Feb 07 SETTLED IN FULL! - £4466(includes a bit extra interest)
    Reply With Quote Reply With Quote
  7. 16th October 2006 11:47 #7
    newacre newacre is offline
    Basic Account Holder
    Help the CAG!!
    Download our toolbar         newacre Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2006
    Posts
    92

    Default Re: Interest not included in £5000 limit?

    i have read on and the answer is here;
    Civil Procedureicon Rules rule 26.8
    PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

    On page 64 PP says that it applies "whether or not that interesticon is contractual or claimed pursuant to statute".

    Newacre
    LoydsTSB -     £4,158.82 inc interest @16%
    SARS request - July 06
    Prelim letter - 19 Sept
    Letter back saying how devastated all the lads at Head Office were to hear... - 31 Oct 06
    LBA sent - 8th Nov 06(had to send a 2nd as Royal mail lost it)
    Summons reg at CC 15th Dec 06
    Nice letter saying that they would be refunding £750, no strings! 18 Dec 06
    SC&M acknowledged service and will be defending claim in full - 4 Jan 07
    25 Jan 07 transferred to mercantile Court with about 50 others
    06 Feb 07 SETTLED IN FULL! - £4466(includes a bit extra interest)
    Reply With Quote Reply With Quote
  8. 16th October 2006 19:06 #8
    GaryH GaryH is offline
    Platinum Account Holder
    Help the CAG!!
    Make a donation         GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH Authoritative GaryH's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    6,516

    Default Re: Interest not included in £5000 limit?

    Yep, there is some conflicting advice about this on the site. My understanding is that interesticon is not included in the 5k threshold, wither its contractual rate or statutory judgement rate.

    Please remember to DONATE! Help CAG keep up the fight!


    Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.
    Reply With Quote Reply With Quote
  9. 16th October 2006 19:26 #9
    ian cognito
    Guest

    Default Re: Interest not included in £5000 limit?

    Yes, I found that on another thread after reading this one, seems to be some confusion, probably because the case management doesn't make it clear that it is any interesticon, the book seems to clear it up though. Thanks for that.

    Reply With Quote Reply With Quote
« Previous Thread | Next Thread »

Browsealoud Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE