car loan claimform , paid on receiving - now claimant wants interest or new claim?

[Cl2017]

I'm after some advice.

 

I just received an N1 court form from an Ex partner regarding a car loan.

 

There was a stated amount due set in the 'total amount' on the N1 claim form.

 

Also in the particulars it said they would claim for interest to an amount to be determined.

But the total amount didn't include interest.

 

As soon as I received the claim form I contacted the creditor and paid the total amount in full.

Which means the debt has been settled in full (according to the amount claimed on the N1 form).

I have since been advised by the claimant that they are now contacting the court to cancel the claim.

 

But they say I now owe interest.

And they are making me an offer to pay an Lump sum of interest or will file for a new N1 claim form and start a new claim for the interest only.

 

Can they do this now I have settled the debt in full?

Any help would be fully appreciated.

[dx100uk]

short answer probably yes as I suspect they cancelled the first claim

shame you paid it in full

 

who said you even owed it legally?

 

did you even demand any paperwork...to support their claim??

 

you've got the claim number on the form

 

pop up on the MCOL website

register

and then log in

and using the details required for the claimform

check what the status of the claim is

[Cl2017]

Additional to this

I understand that the claimant has to include this statement on the N1 claim form for the original claim

 

"The claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year from

[put in the date when the money became owed to you]

to

[put in the date when you issue your claim form]

of £

[put in the daily rate of interest multiplied by the number of days that have passed since the money became owed to you].

And also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £ [put in the daily amount of interest]."

 

This isn't stated to the claim form for which I settled the total amount.

 

I am now confused as to whether the can legally claim interest on the settled amount via a new court claim.

 

I'm not disputing the claim.

 

It's complicated due to being an ex partner.

It ended badly.

Due to the fact I have a good salary and they were made redundant I just assumed the judge would make me pay.

 

to avoid a CCJ I opted to pay in full before going to court.

 

It's just the interest issue I'm concerned about now.

[dx100uk]

what is the status of the claim on the MCOL website when you log in.?

 

what date did they file the old claim [top right of the claimform]?

 

dx

[Cl2017]

you've got the claim number on the form

 

pop up on the MCOL website

register

and then log in

and using the details required for the claimform

check what the status of the claim is

 

I've just tried that. I have the Claim number. But it register and log on. It asked for a defense pack password. There is nothing in the paper work sent to me that states this. Both the claim form and the response forms.

 

what is the status of the claim on the MCOL website when you log in.?

 

what date did they file the old claim [top right of the claimform]?

 

dx

 

It was 1 month before the it became statute barred. So I can't use that defence.

[dx100uk]

end of the information box is the password

date on the claimform please too

[Cl2017]

Thanks. I'll try that

 

Misread that. There is no information box and no password. I received a claim form and a response pack. Date is 19/112016

 

if I'm legally bound to pay interest I will.

And then hopefully that will be the end of it.

 

But if they are trying it on and trying to get more out of me I will contest it

[dx100uk]

no they cant claim 8% stat int if they didn't inc on the claimorm tough luck..

 

sorry its the important note box on the right of the claimform

above the total amount box

[Cl2017]

Ok. Thanks.

I've searched google images of the N1 claim form and they show the important notes section with a password.

The form I received is a different format.

It has no password.

Or important notes.

unfortunately I can't register with MCOL.

 

let me understand that.

As they didn't include the S69 statement on the claim form they can't claim interest?

What is written on the claim form is

"plus interest and proven costs to be added subject to settlement. Amounts to be determined".

 

now that total amount is fully settled.

I was then given a choice

(directly speaking to the claimant and nothing official)

of either them putting a new Claim in to court for interest

or me paying a smaller amount to them to avoid court action.

 

They are claiming interest of a high amount (above £3k).

 

I now feel as I paid them the full amount that they are pushing me for more now.

[dx100uk]

could be taking you for a fool.?

who sent you the claimform?

[Cl2017]

It has a court stamp on it and a claim number. It was sent recorded delivery so it has to be genuine. If it isn't I will start a claim myself to recover the money. The revision of the form is 2016

[dx100uk]

claimforms are not sent out by recorded post AFAIK

[dx100uk]

did it come in a large brown A4 envelope and contained a response pack?

[Cl2017]

did it come in a large brown A4 envelope and contained a response pack?

 

Yes it had a response pack and brown A4 envelope. Has an old address on the form and eventually ended up with me so may have been forwarded

[dx100uk]

was it Salford and not Nottingham court?

 

 

dx

[AndyOrch]

If interest is not included within the claimants particulars of claim (description) then they cant claim it nor are they entitled to it.

 

If there is no password on the claim form then MCOL is not applicable as the claim has been submitted manually.

 

Regards

 

Andy

[Cl2017]

was it Salford and not Nottingham court?

 

 

dx

 

It's neither of those. Just county court CCMCC

[Cl2017]

If interest is not included within the claimants particulars of claim (description) then they cant claim it nor are they entitled to it.

 

If there is no password on the claim form then MCOL is not applicable as the claim has been submitted manually.

 

Regards

 

Andy

 

Thanks. The mention of interest on the claim form is written as this, "plus interest and proven costs to be added subject to settlement. Amounts to be determined"

 

The total amount included the claimed amount plus a court fee but not interest.

 

The total amount is settled with them and they are ending the claim with the court for that particular claim. I havnt paid any interest on that claim

But now they are saying they will start a brand new claim for interest only if I don't come to an agreement to pay the interest out of court as a smaller cost.

.

So, can they now start a new claim to claim the interest only on a settled debt?

[Cl2017]

Additionally. They said that have worked out the interest using the 8% daily rate as per S69 statuatory interest. But this was not mentioned on the claim form. This was only mentioned in an email to me after I had paid the Total Amount in full.

 

So the new claim they say they will pursue will be for interest only using Section 69. Like I say. There is no outstoudning amount owed to them from the original claim. It was paid in full immediately without any further court involvement

[AndyOrch]

Thanks. The mention of interest on the claim form is written as this, "plus interest and proven costs to be added subject to settlement. Amounts to be determined"

 

The total amount included the claimed amount plus a court fee but not interest.

 

The total amount is settled with them and they are ending the claim with the court for that particular claim. I havnt paid any interest on that claim

But now they are saying they will start a brand new claim for interest only if I don't come to an agreement to pay the interest out of court as a smaller cost.

.

So, can they now start a new claim to claim the interest only on a settled debt?

 

No...thats not good enough its has to be laid out in a certain format with the calculation and number of days...you cant ask for interest and leave it to the courts discretion.The relevant legislation should also be quoted ....• S 69 of the County Courts Act 1984 in the county court (“s 69”)

 

The CPR

 

27. CPR rule 16.4(1)(b) and (2) require the claimant to state in the particulars of claim (or counterclaim) that he is seeking interest and to state whether he is claiming it under

• a contract

• an enactment and if so which or

• some other basis and if so which

If the claim is for a specified amount of money, the claimant must state:

• the percentage rate at which interest is claimed

• the date from which it is claimed

• the date to which it is calculated, not later than the date of issue of the claim form

• total amount of interest claimed to the date of calculation

• the daily rate of interest at which interest

 

It is possible to start a further claim on interest only basis ...but they would struggle on a debt that has already been adjudged.

 

Andy

[dx100uk]

but the debt hasn't been adjudged?

 

 

we dont know the status of the claim? or what the claimant has/hasn't done with it?

[AndyOrch]

but the debt hasn't been adjudged?

 

 

we dont know the status of the claim? or what the claimant has/hasn't done with it?

 

Its been paid in full...end of the claim

 

"As soon as I received the claim form I contacted the creditor and paid the total amount in full.

Which means the debt has been settled in full (according to the amount claimed on the N1 form).

I have since been advised by the claimant that they are now contacting the court to cancel the claim."

 

As the claimant has received payment in full..the total amount stated within the N1.... they would be foolish to request a default judgment and must inform the court its been paid.Their only option is to amend their particulars of claim by application and fee with the courts permission.

[Cl2017]

but the debt hasn't been adjudged?

 

we dont know the status of the claim? or what the claimant has/hasn't done with it?

 

With regard to the original claim (the only claim form I have received). I paid the 'total amount' in full to the claimant directly. I didn't fill in any forms from The response pack as it was not required to. It didn't go to a hearing or to a judge. Was dealt with well beyond getting to that stage.

 

I have in writing, from the claimant that they have received the full payment and that they have informed the court that all procedings with that claim are to terminated and no further action will be taken by them regarding that specific claim.

 

The subject of interest came up after this. They havnt started a new claim yet for the interest. Instead they want me to make a payment direct or they will start another court claim.

[Cl2017]

Whether it makes a difference or not I don't know. But this claim is from an indivual , not a company of business. I just wanted the whole matter finished so I opted to pay full settlement and move on.

[Cl2017]

No...thats not good enough its has to be laid out in a certain format with the calculation and number of days...you cant ask for interest and leave it to the courts discretion.The relevant legislation should also be quoted ....• S 69 of the County Courts Act 1984 in the county court (“s 69”)

 

The CPR

 

27. CPR rule 16.4(1)(b) and (2) require the claimant to state in the particulars of claim (or counterclaim) that he is seeking interest and to state whether he is claiming it under

• a contract

• an enactment and if so which or

• some other basis and if so which

If the claim is for a specified amount of money, the claimant must state:

• the percentage rate at which interest is claimed

• the date from which it is claimed

• the date to which it is calculated, not later than the date of issue of the claim form

• total amount of interest claimed to the date of calculation

• the daily rate of interest at which interest

 

It is possible to start a further claim on interest only basis ...but they would struggle on a debt that has already been adjudged.

 

Andy

 

Ok so the fact they can start a new claim for interest only, it seems the cheapest option for me would to agree on a lower figure out between us both