CPR 16.4 and claiming interest on charges

[Destinyofsouls]

I have put this on my main Abbey thread because they have asked for my case to be struck out because of the above. But I have posted here so we can discuss the wording of |the POC as to whether something needs to be added regarding the interest.

 

Now, this calls into question the POC's we are submitting ( I think).

CPR 16.4 ( in relation to interest) states

 

If the claimant is seeking interest he must –

(a)state whether he is doing so –

(i)under the terms of a contract;

(ii)under an enactment and if so which; or

(iii)on some other basis and if so what that basis is; and

 

Now, as far as I am aware, no body quotes any kind of enactment or basis on the POC as to why they are claiming interest. Does this mean that we need to have a re-look at the POC?

( depending of course if my claim gets struck out)

 

Or.. does this only apply to S69 interest and not o/d interest on charges? Cos if my case does get struck out under 16.4, this will have a far reaching effect on all claims that are claiming o/d interest. I know that all claims have been settled in the past, but is this something that has been overlooked?

[jonni2bad]

(b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx;

 

Well, for me, the fact that we state that;

we are claiming under Section 69 of the County Courts Act 1984

claiming 8%

this will continue until judgment at a rate of XXXp

 

all make it very clear why and what we are claiming.

 

I presume that you used our POC and didn't omit any part of it?

[Destinyofsouls]

Hi Jonni

 

I was referring to the o/d interest on the charges as calculated automatically by vamps s/sheet. We do clarify the S69 interest, but what regs refer to the o/d interest?

[Guest bong]

destiny, as I said yesterday, I don't think you can make an assumption that it's to do with the interest. CPR 16.4 also refers to particulars of claim including all the facts on which the claimant relies. I think its more likely to be something to do with not having been specific about the terms and conditions for instance, but why would they have singled you out and not other identical POCs I wonder.

 

Now, as far as I am aware, no body quotes any kind of enactment or basis on the POC as to why they are claiming interest.

 

The POC templates do comply with CPR, by stating that the claim for interest is made pursuant to section 69 of the county courts act.

 

The overdraft interest is not a claim for interest on the claim so that isn't caught within the definintion of interest in CPR 16.4

[Destinyofsouls]

The POC templates do comply with CPR, by stating that the claim for interest is made pursuant to section 69 of the county courts act.

 

The overdraft interest is not a claim for interest on the claim so that isn't caught within the definintion of interest in CPR 16.4

 

So, the interest referred to in CPR16.4 is S69 and not o/d interest you think?

 

If that is the case, I wonder what other part of CPR16.4 they are reffering to. I used all the templates from the library.

[Guest bong]

So, the interest referred to in CPR16.4 is S69 and not o/d interest you think?

 

If that is the case, I wonder what other part of CPR16.4 they are reffering to. I used all the templates from the library.

 

Have you tried asking the court if you are entitled to know the specific grounds of the application?

 

I feel sure the judge will give you an opportunity to respond to this and rectify any errors perceived by the bank, he has already sent them a copy of the POC asking if they want to proceed with the application so it sounds as if he is just as puzzled.

[Destinyofsouls]

The way I see it is, 16.4 refers to 'interest' not any specific type of interest, just 'interest'. So I would have thought this refers to 'any' interest applied to the claim.

If so, then an enactment is needed for o/d interest.

[Destinyofsouls]

Have you tried asking the court if you are entitled to know the specific grounds of the application?

 

Yes Bong, it was ex parte so I am not allowed to see it.

I don't think the woman who told me should have either!

[jonni2bad]

...

If so, then an enactment is needed for o/d interest.

 

Overdraft interest forms part of the return of monies unlawfully taken from you - just because it includes the word "interest" does not mean that it thus falls within the meaning of CPR 16.4

 

I would agree with bong here - wait until we find out precisely what is being questioned, and why, and then we can respond to it accordingly.

 

Anything before then is merely speculation.

[Destinyofsouls]

Overdraft interest forms part of the return of monies unlawfully taken from you - just because it includes the word "interest" does not mean that it thus falls within the meaning of CPR 16.4

 

mmm.... makes sense that Jonni. Would you say there should be a time limit on the banks reply? The judge has not put one on them, so they could take as long as they like

[Guest bong]

If I was you I'd phone the court in a week's time for an update and then again after another week and if by then they haven't replied put a letter in to court saying that you feel the bank is delaying unnecessarily and asking the court to issue an unless order i.e. unless they reply to the judge's request within 14 days the application be dismissed.