£750 limit question

[townend81]

Hello people

 

I know i've read this before but i can't find it anywhere now.

 

When filing for court (like i'm doing now). Does the total amount have to be under £750? e.g: Charges + 8% interest + court fees = £750

 

Or is it: Charges = $750 + 8% + court fees?

 

Thanks for any help

[hagenuk]

Presumably you are talking about a Scottish claim? If yes, then the total claimable under Small Claims is £750 and that excludes interest and court fees.

 

However, you may be able to use MCOL and take advantage of the £5000 small claims limit as long as you have an address you can use for service of documents in either England or Wales.

[townend81]

Thanks hagenuk.

 

Yes it's a scottish claim. tbh i've only just found the Scottish section. I wondered why very few people were replying to my thread in the normal BoS section. Might be an idea to get you to move it actually if you don't mind. Although i've just found out i don't know how to link it. Thanks for your reply though. It was just what i needed to know.

 

Thanks

[davg]

Hi there townend, I've recently made the mistake of going for £750 worth of charges + 8% interest + expenses but was quickly put right by the clerk who said i could include the interest but as long as the two added together came in under £750. Hope this helps and good luck.

 

davg

[townend81]

Ah cheers davg. That was close. Back to amend the spreadsheet. Thank You. That must have been a nightmare when you handed your stuff in and found you had to go and change it!

[Mairi]

sorry davg, can't understand why they told you that. Claim is £750 of charges + 8% interest + £39 fee. Received nearly £920 back from BOS to settle my first claim. Clerk of court must have made a mistake.

What hagenuk said was right.

[willmurr6]

Hi Townend1

Have just read your post and was wondering if your claim is for more than £750 of charges you could use summery cause which allows you to claim £1500,i have just been paid out on my second summery claim and going for 3rd i also live in scotland.It costs you another £16 or so but it is worth it, this is for a sherrif officer to serve it this may sound complicated to you but it isn't if i can do it anyone can.If i can be of any help to you just ask,you will get your money back.

[townend81]

Hi willmurr. Funny you should say that about summary cause. I was sitting trawling the website last night while sorting my spreadsheets and found loads of info on summary cause and realized the it's not exactly a great risk to go for it because not only are they not going to send a lawyer to the court to defend more than £750 but less than £1500 (which my claim is), and even if they did, they're not exactly going to start revealing they're cost for sending automated letters because i'll have won then anyway along with the entire country! Thats if this case even goes to court in the first case. I also found out about getting a sheriff officer to serve and have their phone numbers in front of me right now!

 

Thanks everyone

[davg]

Sorry to mislead you townend if thats the case, the clerk who i spoke to was adamant that i was the first person to try and do the claim by adding the interest on top of £750 worth of charges. To be honest she didn't seem to clued up so Mhairi your probably right about this. There has been conflicting arguements on this for a while now, maybe one of the mods can put everyone right.

 

davg

[townend81]

That might be an idea. Don't worry davg. I did go and amend my spreadsheets but to the effect of adding all of the charges together! Why not, try and go for it all in one.

[Bigmac versus]

I must say that through reading several posts i haved formed an opinion of adding interest to POC. This is as follows

Where peeps have had claim of £750 (charges) and added text to the words of claiming judicial interest at 8% etc etc etc the banks have more than often offered settlement of the claim itself (charges only) and indeed have put in writing that the interest is only added at the judges discretion, yes you could say to hell with that and hold out for it but the way i see it better is to make your claim up to £750 or as near to it including the interest (contractual as i got or judicial) then they will have paid your interest as well and you dont need to wait any longer, cute eh.