JJP - sofa problem

[jjp35]

Hi Guys

 

I am filling a Request For Judgement form. Bit confused about interest. The claim is about a faulty sofa.

 

I complained about this about a month after the purchase. The defendant has not responded to the claim.

 

I bought the sofa back in 2008. My question is Do I claim interest from 2008 (date of purchase) or from the date of Claim. Thanks

Edited March 9, 2010 by jjp35

[slick132]

Hi JJP and welcome to CAG.

 

I've moved your post into your own thread to avoid hijacking.

 

You claim interest from the date of purchase. If you use one of the simple spreadsheets from the Bank Templates Library forum, it'll calc the int't for you when you enter the date of purchase. http://www.consumerforums.com/resources/templates-library/48-bank-templates.html

 

Then on the N1, you say, "Section 69 Statutory Interest will continue to accrue at the daily rate of £0.xxp per day until settlement is received.

 

If the sofa cost say £650, the daily interest will be

 

650 x 8% /365 or 650 x 0.00022 = 14p per day

 

Hope this helps.

[jjp35]

Hi Slick132,

 

Thank you very much for the reply and moving the post. Your advice is very helpful.

 

I have already submitted the N1 form in January 2010, on which I wrote

 

Claimant claims

1. The Sum Of £2745.00

2. The interest

3. The costs

 

I did not write about Section 69 statutory interest on the N1 Form. The defendant has not replied.

I phoned the court yesterday and they said as the defendant has not acknowledged the service or filed the defence, I can submit the form N205A Request for Judgement to the court.

 

 

The interest from Jan 2008 till now comes to nearly £460. Do you think court will allow this?

 

Regards

[slick132]

You should have specified the amount of interest on the N1, but what's done is done.

 

What I think you should do now is send in a schedule with the form seeking Judgement as follows:-

 

------------------------------------------------------------------

 

NAME .....................JJP 35

Claim No ............1AB54321

 

Summary of amount claimed

 

Amounty of claim ...............2745.00

s.69 int't xx/01/08 to date ....260.00

Court Fees ..........................75.00

 

Total claim to xx/03/10 .....£3080.00

 

 

 

s.69 Interest will continue to accrue until payment is received at the rate of £0.60p per day.

 

------------------------------------------------------------------

 

Of course, substitute your own figs as necessary as mine are guesses.

 

In the absence of a defence, I hope the judge will agree to allow the int't but you can only try.

Edited March 10, 2010 by slick132
layout was pants !

[jjp35]

Thank you for your help, I will do that and hope for the best.

[jjp35]

You should have specified the amount of interest on the N1, but what's done is done.

 

What I think you should do now is send in a schedule with the form seeking Judgement as follows:-

 

------------------------------------------------------------------

 

NAME .....................JJP 35

Claim No ............1AB54321

 

Summary of amount claimed

 

Amounty of claim ...............2745.00

s.69 int't xx/01/08 to date ....260.00

Court Fees ..........................75.00

 

Total claim to xx/03/10 .....£3080.00

 

 

 

s.69 Interest will continue to accrue until payment is received at the rate of £0.60p per day.

 

------------------------------------------------------------------

 

Of course, substitute your own figs as necessary as mine are guesses.

 

In the absence of a defence, I hope the judge will agree to allow the int't but you can only try.

 

 

Hi Slick132

 

Thanks for your advice,

 

I have now got Judgement (N30) from the court giving me full amount of claim and interest from the date of purchase.

 

In the notes for the defendant, it says the defendant can apply to the court office for the judgement to be set aside.

 

Could you please tell what I have to do next?

 

and

 

How long has the defendant got to apply to the court for judgement to be set aside?

 

Regards

[slick132]

Glad to hear you have got Judgement against them. If they fail to pay within one month, the CCJ will remain on the Register against the sofa Co.

 

If they now apply for the judgement to be set aside, it will be for a judge to decide if that is reasonable. If it is set aside, a new hearing date should be set for the case to be heard.

 

There's info here on the HMCS site - Making a Claim

 

See our Site info here about how to go about getting paid:-

 

Judgement: How to Enforce

How to enforce a Judgement.

Judgement: How to get Paid

http://www.consumeractiongroup.co.uk...t-how-get.html

 

The court staff may also be willing to give you guidance but double check before you rely on what they say or advise.