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

[AndyOrch]

Thats your choice ....but the court has not sanctioned any interest...I really cant see them issuing a further claim for interest only on a settled claim....it was their error...whether you want to agree anything extra is your choice.

 

Is the interest considerable ?

 

Even if they had included in their particulars it would only be 8% from when the monies became owing up until judgment.

 

Andy

[Cl2017]

The claim is from 5 years 11 months ago.

 

 

the interest they have said in an email is approaching £4K

that includes what the say additional court cost of £100 and expenses of £50 for which they have proof for.

 

 

I have no problem in paying the £150.

 

 

They have made an offer I pay half the interest out of court.

 

 

But If there is a pretty good possibility I could have courts rule in my favour for the interest charges I will go to court with it.

It's all a gamble I guess

[AndyOrch]

Im assuming the £100 and £50 are for court claim issue and sols fees which would have already been included in the claim total.

 

As for the missing interest they forgot to put in their particulars most claimants only go/claim back 12 months...there is Legal argument that they have left it to almost statute barred (6 years) to gather as much section 69 interest as possible.

 

I personally would ignore them and let them issue a further claim if they wish...they are trapped and realise their error and are trying to appeal to your better nature with a threat.

 

As far as Im aware and have seen and dealt with 1000s of court claims...never seen a claimant issue a further claim for interest only because they botched up the original claim......ignore.

[Cl2017]

Thanks for that information. Much appreciated.

 

if they did choose to issue a new claim for the interest

would they have to go through the whole procedure of writing to me stating the claimed amount before applying for an N1 court claim. Or can they just make a new money claim tomorrow.

 

As they have given me until the next few days to make a payment to them. (Verbally and not in writing)

I'm just thinking if I have enough time to get a solicitor to help with my case

 

Also.

As they put on the particulars of the claim for interest to be determined,

If the court agreed to it,

would they have included it in the Total Amount.

 

The email I received from the claimant said the court agree and stamped the form to include interest paid on the amount claimed.

 

They seem to think that the interest would have been added at a later date by the court as a further cost to the total amount

[dx100uk]

then you need to see a copy of this supposed stamped form.

 

 

IMHO they are trying to have you over

 

 

can you name them please

[Cl2017]

I have a stamped form 'stamped from County Court'. This was the only form I had. The one I have settled the claim in full and have been told is being terminated. All other correspondence from the claimant after this about interest is via Email and phone calls. No official paperwork. I can't name claimant as it is an Indivual and a civil (friend) claim and not s business or company

[dx100uk]

ok fair comment no need to name the claimant.

 

 

pulling your plonker mate IMHO.

 

 

let them willy wave

they'll never win.

 

 

 

 

dx

[Cl2017]

Yep I think they are trying it on with me now.

 

I'm lucky I'm in a position to pay the settlement in full.

But it's a principle thing now.

 

I don't want to ripped off with an interest claim if I don't have to pay it.

 

Like I said in previous posts.

I don't dispute the origional claim.

That's why I paid it.

 

But I guess this is what happens from a bad and complicated break up.

 

For people reading this post I'd suggest getting something I'm writing when it comes to a big purchase and new realtionships with someone.

Edited January 30, 2017 by Cl2017

[BankFodder]

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.

sorry to come in at this late stage but there is something which isn't quite clear to me.

 

Is the ex-partner who issued the claim, the same person as the creditor?

 

Secondly, I would warn you to be careful here. Until this matter is completely resolved, make sure that you keep to the deadlines for dealing with court claims. Send an acknowledgement with intent to defend and that will give you 28 days from the date of service. If this matter hasn't been resolved and you are not sure that the claim has been withdrawn then you must put in a defence before the end of the 28 day period.

 

If you don't deal with it in this way, you might find suddenly that a default judgement has been applied for and granted against you.

 

Please could you clarify whether the ex-partner and the creditor are the same

[AndyOrch]

Yes this is beginning to make sense now as you have paid the creditor and not the claimant you must acknowledge service and state defend all.You have 19 days from the date on the claim form (the date being day 1)

 

Alternatively check the status of the claim with the court and see if the claim has been withdrawn.(dont take the claimants word for it)

 

The Claimant is entitled to the issuance fee and sol fee of £150...but no interest as already explained.

[Cl2017]

sorry to come in at this late stage but there is something which isn't quite clear to me.

 

Is the ex-partner who issued the claim, the same person as the creditor?

 

Secondly, I would warn you to be careful here. Until this matter is completely resolved, make sure that you keep to the deadlines for dealing with court claims. Send an acknowledgement with intent to defend and that will give you 28 days from the date of service. If this matter hasn't been resolved and you are not sure that the claim has been withdrawn then you must put in a defence before the end of the 28 day period.

 

If you don't deal with it in this way, you might find suddenly that a default judgement has been applied for and granted against you.

 

Please could you clarify whether the ex-partner and the creditor are the same

 

Yes the creditor and ex partner is the same person

 

Yes this is beginning to make sense now as you have paid the creditor and not the claimant you must acknowledge service and state defend all.You have 19 days from the date on the claim form (the date being day 1)

 

Alternatively check the status of the claim with the court and see if the claim has been withdrawn.(dont take the claimants word for it)

 

The Claimant is entitled to the issuance fee and sol fee of £150...but no interest as already explained.

 

The ex partner is the claimant, sorry I used creditor but I meant the claimant. The car loan finished years ago. This is the claimant saying I should have paid half the car. So that's what the claim was for.

[AndyOrch]

Yes the creditor and ex partner is the same person

 

So why didn't you pay the total amount now due on the N1 (debt + court fee + sol fee ) ?

[Cl2017]

So why didn't you pay the total amount now due on the N1 (debt + court fee + sol fee ) ?

 

The Total amount on the claim form included a claim amount and also a court fee. I paid everything listed on the claim form in full. The Total Amount.

 

The £150 and £50 figures where mentioned after I paid the total amount in a phone call at the same time they started talking about wanting the interest. The £150 and £50 were not in the claim form

[AndyOrch]

Okay......so no you do not pay anything further or addition to what you ave already paid....you do need to check the status of the claim though to check its been withdrawn and if not you must acknowledge service as above and defend all.

[Cl2017]

I've had confirmation the claim has been withdrawn.

But now this gives me time to look into legalities of what they did.

 

After speaking to a solicitor.

 

The N1 claim form was served to my employers address to be forwarded to me.

 

Unsure whether they took the correct actions to be allowed to this.

 

And when contacting the court directly.

 

They had different details of my address on their system compared to what is stated on my form.

 

It turned out certain details differed on the form I received to the form the court had.

[AndyOrch]

What legalities are to be looked into .....? You have paid it ..they have withdrawn...end of claim...finished.

 

With regards to service.....

 

6.8 Subject to rules 6.5(1) and 6.7 and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision –

(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK or any other EEA state and which the defendant has given for the purpose of being served with the proceedings;

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

 

Regards

 

Andy