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Interest under s.69 County Court


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I am just filling out my claim form against NatWest and I am having trouble understanding how I work out what interest I can claim.

My charges are £1719 and contractual interest is £2915.14,

do i just do 8% of the total? or 8% of each charge from date the charge was made?

Thanks MIB:?

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You can't claim both. You can either claim CI or the 8%.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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O.K thanks Rory & Fendy, slight contradiction there, so I now know how to do it the question is can I claim both?

MIB:confused: (but not as confused as before.)

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No, you cant claim both. From day one you go for charges plus contractual interest, or simply charges alone, then when it comes to court stage if they dont settle, you can then go for charges plus 8% if you havent gone down the contractual road. Or Charges, plus contractual if you went down the contractual road from day 1 of the claim. There, is that clearer. ????

 

Lol. Hope so. If not, post back again. Fendy xx

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O.K got it, but just one more little question, can i ask for the daily rate once i have submitted my claim.

Thanks MIB

;)

Also can I change the date on the spreadsheet from when I first approached Natwest by putting tadys date it adds a bit more interest.

Thanks again

MIB

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Hi again,

 

OK, it works like this. If you are going for contractual you claim contractual and show it on your spreadsheet right from day one of your claim, i.e. at Prelim & LBA stages, and ask for it. But then when it comes to filing at court (if Nutwest havent responded to you favourably), then you file at court for

 

a) charges (for example) £1000

b) contractual interest at rate XXX £800

Total claim £1800. You can take the total contractual amount of £800 (remember this is just an example) and work out the daily rate that that will be accumulating by for each day of your claim, but at the point of filing in court, you only need put the charges and the contractual. No more.

 

 

However, it is the judge and only the judge that can decide whether to grant you contractual or not. So if he/she decides not to grant you contractual for whatever reason, they will award you the S.69 stat 8% instead, and that 8% will stand from the day of each and every charge, as it would have done with contractual. Plus every day an amount of XX will have been added to the claim for 8% part, if the judge shoves it down the 8% route instead. So either way, you end up laughing all the way to the bank. Im sorry, this is a tricky one to try and explain. I just hope Ive managed to convey it to you this time. Is that ok, do you get it, if not, I will have to try again. All the best. Fendy xxx

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