Entitlement to interest after case started?

[andrew2332]

Hi all,

I took my insurance company through the small claims after they paid me less than I was told I would receive for a claim (they misadvised me before I took the policy out on the deduction for wear and tear. Luckily i recorded the call). Total claim was for £585 - £500 for the missing money, admin costs chasing it up, unsuccessfully, etc, and £35 in filing fee and £50 interest. This all happened 16 months ago.

They made a partial admission and offered to pay out £380 plus the £35 filing fee. £380 in the right difference that is owed for the under-calculated claim. Total offered is therefore £415.

I emailed several times to state that they also owed me at least £40 in interest and £20 in call costs chasing the money up with them over the 16 months. They have denied this repeatedly, and I have to accept or turn down their offer in two days time..

My question: do they have to pay interest and some admin. costs?

[Johnboy007]

Re: Entitlement to interest after case started?

You can request interest on any money owed to you.
It is up to 'small claims' if this is granted.
The usual rate is about 8%.
See the link below.

https://www.gov.uk/make-court-claim-...k-out-interest

[andrew2332]

Re: Entitlement to interest after case started?

Any more advice friends?

[des8]

Re: Entitlement to interest after case started?

The defendants have made an offer, which seems not to comply with Part 36 rules.
You can either accept this offer, or make a counter offer.
You made a counter offer which was declined.
The ball is back in your court.
As you have included the interest in your claim, if you accept the defendant's offer I suspect any further claim you make for the interest would be struck out by the court as already having been dealt with within the defendant's offer.
If you feel strongly that the defendant's offer is insufficient, decline it and continue with the case.

There are costs implications if the court does not award you as much as you have been offered already.

You have to consider not only the strength of your case, but if the little (comparative) extra is worth the anxiety and stress of a court appearance.