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    • A divorce lawyer should be able talk to you for up to half an hour without charging, to assess whether they can help with a separation agreement. You can find someone locally via the Law Society website, click on Find a Solicitor or follow this link.   https://solicitors.lawsociety.org.uk/   HB
    • I contacted a mediator who gave me their prices of £99 per person for the first session, £180 per person for each session after and then a further £180 per person for the paperwork ... which IS NOT LEGALLY BINDING   Think I'm in the wrong job! 
    • He is entitled to half of the equity, not half of the value as we have a mortgage on it   
    • Alternatively, I could continue to pay the loan that is with the the same bank as my mortgage, but wouldn't be able to make much if any reduced repayments on the other three.   Thanks for your help.
    • Illegal? No, Corrupt? No,  In breach of PRIN and the CCTA code? Possibly, dependant on your correspondence and arrangements  with them - send a SAR What people have to realise is once you sign a BOS the car is no longer yours You have permission to use it whilst you comply with the loan agreement  Your protection is the Default Notice should you get into arrears  It is prior to or on receipt of this that you need to converse with the lender don't ignore it
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Before i contact my solicitor, could somebody please tell me if this sounds about right.

 

We went through a housing disrepair claim and to cut a long story short, we received £5000 in damages.

 

This was paid to our solicitor around May 2014, but we were not allowed the money until the landlord payed costs to our solicitor.

 

We have just heard from our solicitor and we were always told we would get interest on the money.

 

We have received a cheque for 5048, is £48 interest about right? It would be 2 years next month that the solicitor as held the money.

 

Thank you

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Simple interest is usually set at 8% when using the Courts (section 69)...so it all depends at what rate your Solicitor has applied Speedy.

 

Regards

Andy

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Thanks for replying, but i am still confused.

 

The case was Legal Aid funded and the Landlord agreed through a Tomlin Order to pay damages at a certain date, which he did.

 

The solicitor would not let us have the money until the landlord paid costs.

 

When the Landlord paid the money under the Tomlin Order, should the solicitor have given that to the Legal Aid agency and then the Legal Aid agency send the money?

 

Obviously i am very happy to receive the damages, but wanted to maker sure that the amount of interest was right.

 

Thanks

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It all depends whether the costs incurred interest...normally not...only the amount claimed ?

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  • 1 month later...

Under Section 35A Senior Courts Act 1981, the Court has a general discretion in respect of interest to the date of judgment. It normally regards 1% over bank base as being an appropriate rate to reflect the cost of borrowing money. In the present exceptional circumstances where the Bank of England base was only 0.5%, the Court recognised that the cost of borrowing money was greater than this and would therefore normally award 2% over the base rate.

 

As regards the interest rate to be applied after judgment, Section 17 of the Judgment Act, 1838 currently sets the rate of interest at 8%. The Judge applied this rate to the judgment award to run from the date of judgment until the date of payment.

 

 

 

http://www.muckle-llp.com/enews/interest-rate-on-damages-claims/

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The defendant would normally have to pay 8% interest on damages due until the date he pays your solicitor.

 

Once that money is in your solicitor's hands, you'll only get whatever interest the solicitor actually receives on his/her client bank account, this is basically just a current account so may well only be 0.5%.

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