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Advice needed re contractual interest claim


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  • 2 weeks later...

Strictly speaking, SoLA counts back 6yrs from the date that U actually file your Claim at Court.

 

However, some peeps have previously argued pre-6yr Claims on the grounds of Concealment etc as per Sect. 32 of SoLA.

Limitation Act 1980 (c. 58 ) - Statute Law Database

 

I personally, would try to keep the ENTIRE Claim as ONE though, rather than spliting it up.

Some peeps have come unstuck + had their Claims quashed when a Bank has cried 'vexatious litigant' on subsequent Claims on the same account...;)

 

 

...:)

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As any Claim involving C.I. is stated as being required to be repaid BEFORE U file a Claim at Court, C.I. IS included when U calculate any Small Claim Limit.

 

THAT is why multiply Claims on the same account to circumvent the £5,000 limit, HAVE floundered for some previous Claimants!...;)

 

There is a certain amount of risk re: Costs in the Fast Track.

However, there is also the powerful incentive of being able to ask the Court for STANDARD DISCLOSURE from RBS re: Penalty Charges breakdown costs.

 

Know of ANY Bank that has NOT settled a Claim BEFORE being ordered by a Court to reveal them??...;)

 

 

...:)

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U could 'charge' RBS 1,000%p.a. Interest if U wanted!

However, if the push comes to shove, U would need to have a pretty good convincing argument, to be able to persuade a District Judge to grant it's payment if RBS Defended.

 

Why would U want to ask for the 'Authorised' % Rate??

Did U give RBS permission to 'borrow' YOUR money, when it unlawfully debited your current account with it's Penalty Charges??...:confused:

 

If it was MY Claim, I would be thinking about Claiming for the whole amount, at todays Unauthorised % Rate, with just a passing obligatory comment about s69 8%p.a. In the Alternative.

 

If U browse through the following link, it will explain more about the differences between each type of 'Track' + the procedure at each stage of the Court process...

Making a Claim

 

In relation to your question about STANDARD DISCLOSURE, Civil Procedure Rule (CPR) 31.6 + Practice Direction (PD) 31 give more exact info...

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

PRACTICE DIRECTION – DISCLOSURE AND INSPECTION - THIS PRACTICE DIRECTION SUPPLEMENTS CPR PART 31

 

The following 2 links explain how the Court views Claims placed before it + what action U can expect a Court to take.

...'Rules of Engagement' if U like...;)

PRACTICE DIRECTION – PROTOCOLS -

CPR - Parts and Practice Directions

 

Take your time to read through the above links.

Any mistakes are better prevented BEFORE U file your Claim, rather than be retrieved AFTER U have filed.

 

Best of Luck!

 

 

...:)

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