Why is no one claiming the contractual rate of interest???

[thereshope!]

BigAl - good resolutions !! Happy New Year to you, too, and to all here !!

 

Milly & Hope - thanx everso for the smackeroo's. I wish I was as popular at home as I am here !!

 

Glad to be of use. Good idea Hope - getting daughter to assist. I bet she's already held you to a commission !!

 

Not sure why you lost the spready, though. If you were working on a copy of it in your Docs folder, first, then that's where it should have been saved to. Or did it just close down without saving your figures in it ? You may have to tell it to "Save Changes" when you close it. Also, I'd suggest making a copy of the empty spready as a "spare" in case you do something wrong in your working copy, and need to refer to the original.

 

You might also find it by searching, as it may have just saved to somewhere odd.

 

If you're interested, Ive sent a couple of copies of my own spready to Olympic & Maxine by email. You're welcome, too.

 

Bill.

 

 

Yep. Clever girl wants £100 for her trouble !

 

If you would email me spready that would be fantastic. Do i need to pm you with my email add or is it in my profile ? (cant remember !)

 

Right, off to bed. Need an 'early' night as i was still looking through posts at 4 am this morning. O/H NOT happy !

 

Bet he's smiling when laying on the beach in maldives next christmas ( I can dream lol) with a large wad of cash waiting to be spent !!:grin:

 

Night all

 

Hope xx

[millymollymoo]

Bill luuuuuuuuurve your new aviator:D

 

Milly X

 

Happy New Year XXXX

[bill-k]

Yep. Clever girl wants £100 for her trouble !

 

If you would email me spready that would be fantastic. Do i need to pm you with my email add or is it in my profile ? (cant remember !)

 

Right, off to bed. Need an 'early' night as i was still looking through posts at 4 am this morning. O/H NOT happy !

 

Bet he's smiling when laying on the beach in maldives next christmas ( I can dream lol) with a large wad of cash waiting to be spent !!:grin:

 

Night all

 

Hope xx

£100 eh ? Good for her !! She'll work for it !!

 

I think I've got a file-sharing thingy sorted, now, to avoid e-mailing. Early days, yet, but give it a try. There are two spreadies there at the moment - one empty, and the other full (as an example). Let me know if you can download them OK. This is the empty one:-

 

Upload2.net Free File Hosting, Free Image Hosting

 

I'll have to get back to you here with the example one.

 

Catchulater,

 

Bill.

[bill-k]

Bill luuuuuuuuurve your new aviator:D

 

Milly X

 

Happy New Year XXXX

Thanks, Milly - I thought I better dress the big guy up a bit for Hogmanay !! He didn't seem to mind posing with the bagpipes too much.

 

And a happy New Year to you too, thank you !!

 

Och aye, the noo !

[bill-k]

Hope - this is the example spready:-

 

Upload2.net Free File Hosting, Free Image Hosting

 

BTW - give it a minute to download - it takes a little while.

[TideTurner]

Referring to post #17 and the £9.25 per hour which may be charged for your time, can this be applied by letter, telephone call or time spent researching your case?

 

Solicitors costs are based by the hour or a tenth of (in six minute intervals - units). A letter IN is classed as one unit, a letter OUT as two units. Telephone calls IN/OUT are based on the amount of time spent on the phone, as are attendance with the Client.

 

These are charged at uncapped rates, I have so far incurred rated of £180.00 per hour for a solicitor to tell me I was barking up the wrong tree.

 

What charges are we entitled to claim, and on what grounds? Bearing in mind whilst we are spending time managing our own cases, we are saving the banks money in legal costs.

[TideTurner]

Bill, Millymollymoo's does more for me. Millymollymoo - have you got a fishtank or a Gorilla compound? Fish are less of an overhead, but just as ferocious.

[JonCris]

TideTurner

Here you go

There have been some interesting alterations to the recovery of costs on behalf of litigants in person by the CPR. Generally, there is little difference in principle to the recovery of costs, but there have been particular additions to the legislative scheme which require some commentary.

The recovery of litigant in person cost is now determined by CPR 48.6 and the Practice Direction to that part. Whether the litigant is seeking costs under an order for summary assessment or detailed assessment, Rule 48.6 will apply. As under the former regime, the costs which can be allowed by the court to the litigant in person cannot exceed two thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative. That two thirds limit does not apply to disbursements. The court in Morris v. Wiltshire & Woodspring District Council, January 16, 1998, unrep, helpfully summarised the approach to be adopted on the assessment of litigant in person costs. First, the court considers what, at the litigant in person charging rate, the total for the particular item of work is. One then compares that with two thirds of the notional solicitor rate. The lower of the two figures, is the figure to be allowed.

The costs which may be allowed to the litigant in person shall be -

(a) such costs which would have been allowed if the work had been done or the disbursements made by a legal representative on the litigant in person's behalf;

(b) the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

© the costs of obtaining expert assistance in connection with assessing the claim for costs.

If the litigant in person does not prove any financial loss caused by the time taken in undertaking the work concerned, then he will only be allowed an amount in respect of the time reasonably spent doing the work at £9.25. That is the figure which is specified by the Practice Direction (PD 48.6 para 1.9). The onus for proving the financial loss is on the litigant in person. Where a litigant in person wishes to prove that he has suffered financial loss he should produce to the court any written evidence he relies on to support that claim, and serve a copy of that evidence on any party against whom he seeks costs at least 24 hours before the hearing at which the question may be decided. Where the litigant in person commences detailed assessment proceedings under rule 47.6 he should serve copies of that written evidence with the notice of commencement. (see generally the Practice Direction to Part 48.6). The evidence (affidavit/witness statement) should set out in some detail why it is said that there has been a financial loss directly caused by the time taken undertaking the work, and what that loss is.

A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

A solicitor who is party to proceedings will not be a litigant in person if he is represented in the proceedings by his firm or by himself in his firm's name. ( Rule 48.6(6)(b))

On interesting addition brought about the new rules is that, for the first time, a litigant in person includes a company or other corporation which is acting without a legal representative. However, a company acting through an in-house legal representative who is in possession of a practising certificate or equivalent authorisation will not be treated as a litigant in person but the legal representative will be able to recover costs in the normal way on behalf of the company.

Interestingly, and of some significance to the costs draftsman, a litigant in person may also recover the reasonable costs of obtaining expert assistance in connection with assessing the claim for costs. In order to qualify as an expert the person in question must be a

(1) barrister,

(2) solicitor,

(3) Fellow of the Institute of Legal Executives,

(4) Fellow of the Association of Law Costs Draftsmen,

(5) law costs draftsman who is a member of the Academy of Experts,

(6) law costs draftsman who is a member of the Expert Witness Institute.

In other words whether you can charge 2/3rd's of the professional fee or £9.25 will depend on whether or not you lost any earned income as a result of pursuing your claim........To be awarded 2/3rd's you will have to prove your loss

[TideTurner]

Many thanks JonCris, I have 5 Lever Arch files of correspondence, some of the letters took several days to construct. I can prove my hours, and have kept detailed notes of all actions, charges incurred and telephone calls made and received. I will focus on the 'loss' and claim the 2/3 hourly rate (if you'd seen my letters, you'd understand why).

 

Once again, excellent advice from someone who's been in the same boat as myself.

 

All the very best to you, yours and all on this site for 2007.

[JonCris]

Dont forget to have a costs bill ready when you either go to court, the defendants fail to attend & you seek summary judgment.

 

When you ask for costs the court will be a lot happier granting them in full if you have prepared a bill of costs

 

Salutations to you too

[bill-k]

Interesting stuff about costs, guys - cheers. Regarding the CPR extract, JonCris - looking at the first para., it seems to be saying that a personal litigant can recoup costs at the personal lit. rate, but it does not specify what that rate actually is.

 

Then, in sub-para ©, it states that - if no financial loss is being claimed for, then the P.L. can only claim at £9.25 per hr.

 

This seems to imply that the £9.25 ph rate is not the Personal Litigant rate mentioned above, but is a lower alternative.

 

Is there, then, an accepted rate that determines what the P.L. rate is to be ? e.g., if Tide's £180 ph quote were acceptable, then the P.L. rate would be £120 ph ?

 

Sorry if I'm seeming thick, but any explanation might help others suffering from cranial density on New Year's Day !!

 

A very Happy one to you all, incidentally !!!

 

Further to costs - I agree fish are cheaper, Tide, but a gorilla comes in useful when Moorcroft send round a "representative." That's when he earns his bananas !!

 

I can't believe we're vying for the favours of an avatar - but I have to agree, it gets a skirl from my pipes, too !!

[bill-k]

Just a thought, further to above, if anybody thinks it worth putting forward to admin:-

 

http://www.consumeractiongroup.co.uk/forum/post-458975.html

[photoman]

I suggested at one point, on a thread I started that perhaps one could claim the 5% donation to CAG as a cost pertaining to Legal cousel?

Perhaps this whole discussion about legal fees and costs reclaimable would benefit from it's own thread?

http://www.consumeractiongroup.co.uk/forum/general/51107-cag-5-claim-counsel.html

[thereshope!]

Hope - this is the example spready:-

 

Upload2.net Free File Hosting, Free Image Hosting

 

BTW - give it a minute to download - it takes a little while.

 

Hi Bill:)

 

 

 

Thanks for the spready .Brilliant !. Just inputting first row of figures now.

 

I take it I just change the interest rate to what is applicable to me ?

 

Actually, if anyone knows off the top of their heads Natwests unarranged borrowing that would be great. Think its 24.5 % PA. ? Think they charge 16.9 %PA ? for arranged borrowing.

 

I have been talking it over with O/H and he thinks I should claim the 16.9 % back instead of asking for the 24.5%

 

Any thoughts ?

O/H theory is they are likley to settle more quickly if they deem me to be playing fair ?

 

I think I should hit them with the lot !

 

If anyone can share their views /answers to my interest question that would be great.

 

 

HAPPY NEW YEAR

 

2007 is going to be OUR year !!

[TideTurner]

As I said Bill, costs are structured and may be refuted by the other side, in which case the other side may request an analysis by their own Cost Draughtsman.

 

Bear in mind, Costs Draughtsmant cost money. This is in cases where costs are disputed.

 

Does anybody know what their rate is (is this a percentage of the claim? Are they on an hourly rate for perusal?)

 

You should keep copies of all correspondence, telephone calls and time spent on your case, together with receipts (dispursements, Court Costs etc.) and any Solicitors / Professional fees - right down to your bus fare or parking charges.

 

If you take time off work to attend Court, how much will it cost you?

 

BTW - if you claim for a letter OUT (2 units - 12 mins) you cannot also claim for postage. I believe a letter IN is 1 unit (6 mins)

[bill-k]

Hi Bill:)

Thanks for the spready .Brilliant !. Just inputting first row of figures now.

I take it I just change the interest rate to what is applicable to me ?

Glad it downloaded OK - that's a new thing for me, although I think Mindzai has been doing it with his one for a while. Yes, just punch in the interest rate(s) at the top.

Actually, if anyone knows off the top of their heads Natwests unarranged borrowing that would be great. Think its 24.5 % PA. ? Think they charge 16.9 %PA ? for arranged borrowing.

You should be able to check online for their rates.

I have been talking it over with O/H and he thinks I should claim the 16.9 % back instead of asking for the 24.5%

Any thoughts ?

I always suggest you go for the max, as you can always settle for less. But if you do desperately need it quickly, then it might (just might !!) speed things up asking for the lower rate. From what I've seen though, no matter what you claim, they will try and take as long as possible, and offer you less, anyway. If you claim the max. rate primarily, and claim the lower & statutory rates in the alternative, then you give yourself the best chance IMO. Also, if you claim max. in your prelim, then you can offer to accept less any time after that - but you can't do it the other way round !!!

O/H theory is they are likley to settle more quickly if they deem me to be playing fair ?

Unauthorised rate is playing fair. THEY charge it for unauth. borrowing, and YOU'RE now doing the same. Their rules - not ours !!

I think I should hit them with the lot !

I agree 100 % !!!

If anyone can share their views /answers to my interest question that would be great.

HAPPY NEW YEAR

Thanks - and to you and yours, Hope.

2007 is going to be OUR year !!

I agree 100 % !!! - again !!

 

As I said Bill, costs are structured and may be refuted by the other side, in which case the other side may request an analysis by their own Cost Draughtsman.

 

Bear in mind, Costs Draughtsmant cost money. This is in cases where costs are disputed.

 

Does anybody know what their rate is (is this a percentage of the claim? Are they on an hourly rate for perusal?)

 

You should keep copies of all correspondence, telephone calls and time spent on your case, together with receipts (dispursements, Court Costs etc.) and any Solicitors / Professional fees - right down to your bus fare or parking charges.

 

If you take time off work to attend Court, how much will it cost you?

 

BTW - if you claim for a letter OUT (2 units - 12 mins) you cannot also claim for postage. I believe a letter IN is 1 unit (6 mins)

Thanks, Tide - I was more concerned with pre-court costs, but time off for attendance & travel costs, etc. is also something to bear in mind. Presumably, one just submits these costs after judgment, then ?

Bong & others are of the opinion that costs cannot be claimed in the SCC, but I thought it was just that representation costs are denied. Is there a CPR page detailing this ?

[Michael Browne]

Is there a CPR page detailing this ?

CPR 27.14 Here:

PART 27 - THE SMALL CLAIMS TRACK

[bill-k]

CPR 27.14 Here:

PART 27 - THE SMALL CLAIMS TRACK

Thanks, Michael - much appreciated.

[e28bigalbexley]

Good to see the Family are getting involved Bill;)

[bill-k]

Good to see the Family are getting involved Bill;)

[Sexyeyes83]

Hi All,

 

Just getting my head around claiming contractual interest on my claim.

 

Before I work the figures out, just a quick question.

 

I went overdrawn by £42. Since then I have paid in over £400. Due to £555 of bank charges and £100 in interest its left my account overdrawn.

 

How will this affect me claiming contractual interest? If I win normally, then the bank will take the £312 from the money I have won. How would I work out on contractual interest on some charges they have charged me but I havent yet paid?

 

I hope that makes sense!

[Glenn UK]

You calculate the interest on charges and interest on those charges you have paid or they have debited to your account as in the negative balance.

 

The application of interest to those charges isnt affected by the type of interest you want to claim.

 

JMHO

 

GLenn

[Sexyeyes83]

You calculate the interest on charges and interest on those charges you have paid or they have debited to your account as in the negative balance.

 

The application of interest to those charges isnt affected by the type of interest you want to claim.

 

JMHO

 

GLenn

 

Thansk for your reply Glenn

 

If I give some figures can you check im on the right track please!

 

Money Withdrawn since 2001 - £170.

This left me overdrawn by £42.79

 

Money Paid in since being overdrawn - £494.69

 

Total Charges £555

Total Interest Charged £95.01

 

Currently left overdrawn due to charges and interest - £312.92

 

If I was claiming back normally, I would ask for £650.01 (charges and interest) and then Nationwide would take their £312.92 out of that once its all gone through.

 

I want to claim contractual interest, but what part do I claim it on as im overdrawn by £312.02 (made up of charges and interest). Am I right in thinking I cant claim contractual interest on this as it isnt my money?

[Glenn UK]

Thats a good point, i have never even thought about it since my accounts are all closed so it doesnt apply.

 

I would see what others in this position have done, it seems to me that you cant charge interest on money you havent had taken from you but you are obvioulsely entitled to claim the charges back since that would reduce/remove your debt to them.

 

Somehting else comes to mind though, are you certain that the overdraft is en triely made up of charges?

 

If not then how would you work out which bits to charge interest on?

 

GLenn

[Sexyeyes83]

Thats a good point, i have never even thought about it since my accounts are all closed so it doesnt apply.

 

I would see what others in this position have done, it seems to me that you cant charge interest on money you havent had taken from you but you are obvioulsely entitled to claim the charges back since that would reduce/remove your debt to them.

 

Somehting else comes to mind though, are you certain that the overdraft is en triely made up of charges?

 

If not then how would you work out which bits to charge interest on?

 

GLenn

 

I went through my statements and since the account was opened in 2001, All I have withdrawn is £170. This was back in January 2002.

 

This left me overdrawn by £42 and since then the charges and interest snowballed.

I added up that since I went overdrawn, Ive paid in a total of £494.69, yet they still want another £312 to clear the debt!

 

The £95 interest I quoted was what they charged me on the statements - eg:

 

Mar 2001 - Unauthorised Overdraft Fee - £10

Interest Charged - £2.62

 

I have put all the figures into a spreadsheet and it works out that claiming contractual interest at 24.9% (Nationwides charge for unauthorised overdraft) brings the figues to £1,114. The figures without contractual interest is £650.01. (£555 charges+£95.01 interest).

 

Anyone able to advise on how I would go about claiming contractual interest in this situation please.