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Can I claim in small claims if the 8% interest takes me over the £5000 limit


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Hello, my bank charges come to £5200, but I have reduced them to £4990 so to be heard in a small claims court. I am about to fill in my court claims form (N1) and now can charge the 8% interest. This now takes my claim up to £6500. Because I am adding this 8% interest, does it mean that my claim won't be heard in a small claims court? Is this bad? Help.

19/03/07 - Prelim letter Sent for £5200 charges

03/04/07 - LBA Sent for £5200 charges

17/04/07 - Court Claim Issued. Charges reduced from £5200 to £5000 to aid possibility of being heard in SCC. + interest & fees: Total Claim: £6700

25/04/07 - Court Claim Served

30/04/07 - Cobbetts Acknowledge Claim

04/05/07 - NatWest Offer Partial Amount of £5200 - Declined

14/05/07 - Defence Filed

25/05/07 - AQ received and sent off.

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Guest louis wu

Hi Jim,

 

The £5000 limit you refer to is PRE interst, so the £4990 you are claiming will be heard in SCC.

 

There is a growing number of people, however, who are claiming more than £5000. The thoughts behind this is that the bank or financial institution you are claiming from wont go to court, so the track doesn't matter.

 

I know it doesn't matter in your case, but may affect any future claims you submit (there are lots of posts here regarding the £5000 'threshold').

Out of interest, how have you reduced your claim? Have you left the newest charges out, allowing you the option of claiming those back at a later date?

 

Best of luck

 

Louis

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Thanks for that reply. Just spoke to NatWest and they deny recieving the first two letters from me - even though I hand delivered the LBA myself. Going to my local court tomorrow.

 

Yes, I reduced the amount by taking off some of the most recent charges - not only allowing me to possibly claim them at a later date, but also now I am adding the 8% interest, I get more interest on the older charges.

19/03/07 - Prelim letter Sent for £5200 charges

03/04/07 - LBA Sent for £5200 charges

17/04/07 - Court Claim Issued. Charges reduced from £5200 to £5000 to aid possibility of being heard in SCC. + interest & fees: Total Claim: £6700

25/04/07 - Court Claim Served

30/04/07 - Cobbetts Acknowledge Claim

04/05/07 - NatWest Offer Partial Amount of £5200 - Declined

14/05/07 - Defence Filed

25/05/07 - AQ received and sent off.

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If anybody else is interested, I delved deeper into these forums and found out that the statutory interest is not included in the £5000 limit - so if this interest takes you over £5000 don't worry, you should still be heard in a SCC. see:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=74240&referrerid=64846

 

and read post 16.

 

Bearing in mind though that the judge has the last word and can, if he so pleases, push any size of claim outside the SCC - don't really understand why or how this works though.

 

Also even though you could still be heard in a small claims court, your court fees will go up to £250 if your total claim (inc. statutory interest) exceeds £5000 - but you should get that back when you win.

 

hope this helps anyone who was/is in the same situation as me.

 

Jim

19/03/07 - Prelim letter Sent for £5200 charges

03/04/07 - LBA Sent for £5200 charges

17/04/07 - Court Claim Issued. Charges reduced from £5200 to £5000 to aid possibility of being heard in SCC. + interest & fees: Total Claim: £6700

25/04/07 - Court Claim Served

30/04/07 - Cobbetts Acknowledge Claim

04/05/07 - NatWest Offer Partial Amount of £5200 - Declined

14/05/07 - Defence Filed

25/05/07 - AQ received and sent off.

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