URGENT: Going to court on Tuesday.

[Andy S]

I have taken the Abbey to court for the following charges - I am based in Scotland:

 

Bank Charges - £981.00

Court Fee - £39

Service Fee - £32 (sheriff officers serving the summons)

Interest- £280 (@8% pa from date charges were taken)

 

The Abbey's lawyer Piper Rudnick Gray Cary were put onto the case initially stating they were going to defend the case and submitting defence papers to that effect. After appearing at court a hearing date was set for the case. A day before the case they phoned me to say they were willing to settle for the bank charges, court & service fees but were not willing to pay me the interest. I appeared in court and explained this to the sheriff and that I still was in dispute over the interest charges. The sheriff then set the case back two weeks to allow us both to 'talk'.

 

I received a letter from Piper Rudnick Gray Cary stating the following :

 

"Your are only entitled to claim judicial interest at the rate of 8% pa from the date which the Court makes an order in your favour until the date on which payment of the sums is made. You are not entitled to interest from the date that the charges were debited to your account. This would be deemed punitive and there is no provision in Scots Law to support this claim".

 

They then sent me a form to sign agreeing to the refund minus the interest I was claiming. What do I do guys?

 

Am I entitled to claim the interest or are they kidding me? I need to post back the letter back today so a quick response would be appreciated. I would have asked for help earlier but have been working late shifts and been very tired in this heatwave we are having.