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County Court £5,000 limit.


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I have not seen a definitive answer to this question elsewhere, and it has been puzzling me since I have a claim that is likely to require the maximum amount.

 

Does the £5,000 limit for a CC claim have to include the court fees, and the 8% interest, or can these be added on top, and still meet the criteria for the claim to remain in the CC?

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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The £5000 limit is net of fees and interest.

 

there is one user who avoided claiming interest in order to avoid going over the limit.

 

Wrong!

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MODS,

 

Please can this be explained in the FAQ section, as i have done exactly that. Not claimed back the full 6 years, and underaccounted for the general interest to keep it under £5k when taking into account the 8% and Court Fees.

 

Had i known this before, my claim would have been for another £3 - £400.

 

Thanks

 

Neil.

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  • 2 weeks later...
The £5000 limit is net of fees and interest.

 

there is one user who avoided claiming interest in order to avoid going over the limit.

 

Wrong!

 

Bankfodder,

 

This question is one I have been looking into for a while without any success. However, today I have found something which possibly contradicts your answer. It's taken from the hmcourts-service website.

 

I've been trying to determine whether or not to raise more than one claim given that my total claims in respect of multiple accounts with one institution totals just under £5k but if it makes the courts it will exceed the £5k Small Claims Track limit.

 

Q. How do I work out the interest I am entitled to?

A. If you are claiming interest under section 69 of the county courts act 1984 you must multiply the amount you are claiming by 8% and then divide this by 365. This gives you the daily rate of interest. You must then work out how many days have passed since the date the invoice was due until the date the claim is issued. Not only must this be stated in the particulars of claim, but this figure must also be added to the amount you are claiming.!

 

As it states that the interest must be added to the amount you are claiming I can only assume that the amount PLUS interest is what determines the claim amount.

 

Forgive me if I'm wrong but that's my interpretation at this time. I'm still looking for evidence to the contrary though as I'd like to raise a single claim in respect of my charges.

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I would agree with the above.

 

The only exception for exceeding 5K would be the court fee and costs.

 

If when adding the interest the total figure exceeds the 5K by just a few pounds and the interest is a considerable figure, I think the claimant would be entitled to limit the claim to 5K to keep it within the small claims track.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Guest Lueeze

Can anyone confirm this is correct? Lots of conflicting info and I just want to make sure before my claim gets to court as I will be very close to the 5k mark

 

Thanks

 

Lou x

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Cpr 26.8 (2)

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The interest added is counted as part of the limit, had a successful claim which started off at around 5000 pounds but with interest firgure rose to 7500

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  • 12 years later...

This topic was closed on 03/07/19.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Please note that this topic has not had any new posts for the last 5330 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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