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Full Settlement can I ask for the interest now!


kevmaggs
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Hi, I forgot to add my interest in my court claim, I wrote to the solicitor that was dealing with my claim after they had settled and they put the interest plus my court costs into my account the next day.I'm not to sure how you stand legally if you did not add the interest when you file your claim. Hope you get it back.

 

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Hi,

Second offer was for the full amount.

Can I accept conditionally that the interest is also paid?

Or is it that I just accept the offer and forget the interest?

 

regards

KEV

Did you request any interest at all? The statutory interest is only claimable when you raise your claim at court.

 

If you want to claim contractual interest you can write to the bank saying that you believe in the arguement of reciprocity and mutuality etc, and that £x amount is due, see my schedule of calculations, and that you are now adding this onto the amount the wish to pay you. On that condition you will accept, otherwise you will accept the amount they are offering as a part-settlement of the full amount of which you require confirmation.

 

You must understand the arguements in contractual rate though and be prepared for a fight. Or you might get lucky and they settle with interest.

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If the bank decide to settle in full but refuse the contractual rate of interest and you file a MCOL if you decided to then hit them with 8% is there a chance the court would throw it out as they attempted to settle out of court? I am in this posistion also and am interested in the likely events that would ensue.

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You keep the contractual rate in the claim, do NOT add a further 8%, then tell tell the bank you will accept the offer as a part-settlement of the whole amount.

 

It sounds like they are dressing up their settlement figures as charges only without interest, when in fact it is a part figure of the whole claim.

 

You claim the whole amount and don't be recalculating etc.

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I used the banks 22.5% + base rate, as contractual. My claim was for 737 and interst added another 1500. Lo and behold, the bank offered me 3000 as full and final settlement. But hey I know why they offered that. Can the rest of the readers also see why?

 

I aslo in court papers added 8% from the date of service of the papers for the toatl claim.

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