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.
I've posted this in the general section but have been advised to post here too - hope there's no problem with this - please feel free to remove it if it's cluttering up the forum
In brief - I've filed a Summary Cause action and refused on offer for payment of charges and court fee (no interest). The offer had condition attached - 'Full and final', etc as well as the problem with interest. I've received this e-mail from RBS:
We refer to the above action and to our clients' offer of settlement.
Our clients' offer of settlement refunds, as a goodwill gesture, every charge applied to your account, includes a sum in respect of judicial interest and refunds your expenses in bringing the action. I note that you have refused this offer on the basis that judicial interest has not been included from the date of the first fee charged.
The position via court precedent is that judicial interest, generally, can only be applied in relation to a contractual debt from the date of citation i.e. the date a judicial demand is made. According to Scottish case law 'there is a rule of law, a rule of law that interest runs from citation, and one which does not admit of modification by the exercise of judicial discretion'. I would be happy to provide you with details.
Should the matter proceed to a Proof and it is found that you are not entitled to interest other than from the date of citation, we will seek our clients' expenses from the date you refused the tender.
Unless you can provide legal basis for your claim for judicial interest our clients are unwilling to revise the offer of settlement. Should you be able to provide case authority, our clients would be willing to re-consider this aspect of your claim.
In view of the contents of this e-mail we would advise you to seek independent legal advice in relation to your position.
I look forward to hearing from you in relation to the legal basis for your claim.
Kind regards
Any ideas of how to get round this? For those legal eagles amongst you - I found this http://www.scotlawcom.gov.uk/downloads/rep203.pdf. Could it have any relevance for my case in getting interest from date of first fee charged?
RBS E-mail
). The offer had condition attached - 'Full and final', etc as well as the problem with interest. I've received this e-mail from RBS
, every charge applied to your account, includes a sum in respect of judicial interest and refunds your expenses in bringing the action. I note that you have refused this offer on the basis that judicial interest has not been included from the date of the first fee charged.
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