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Claiming interest for small claims cases under 5K?

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  • Claiming interest for small claims cases under 5K?

    Hi Legal Beagles, just been directed to this webpage:

    https://www.thesheriffsoffice.com/ar...gment-interest

    Sent here when I pointed out that interest is due on a sum of £750 owing to me for the last five years by a company.

    They accept liability for the principal owed, but not for the interest, as, in their words, "I cannot claim interest on sums under 5K in small claims."

    Is this true?
    Tags: None

  • #2
    Can anyone advise?

    Comment


    • #3
      I seem to remember from my last money claim online (a while ago now) that there is a box to fill in where you calculate interest?

      Comment


      • #4
        Yep. But they're stating that under 5K does not qualify for statutory interest...

        Comment


        • #5
          Maybe things have changed? The best way is to fill in the claim form and see what it throws up. This info appears to say you still can claim on lower amounts
          https://www.gov.uk/make-court-claim-...k-out-interest

          Comment


          • #6
            Thats for businesses and self-employed tho. I am a private citizen taking on a company for a refund they have owed me for four years.

            Comment


            • #7
              From the moneyclaim online guide: Interest This screen will ask you if you want to reserve the right to claim interest. If you wish to claim interest please select yes (select no if you do not wish to claim interest). Interest under the County Court Act is charged at 8% per annum. If you select this option please be aware that this will reduce the amount of space left in the main particulars box by six lines. This is because a statement is automatically added explaining you are claiming interest under the County Court Act. You will be able to see the extra information added in the next screen “Summary”

              Comment


              • #8
                That £5000 figure refers to statutory interest on JUDGMENT debts. There is no statutory interest on Judgment debts of less than £5000.
                County Courts Act 1981 sec35A (1) allows for interest on a debt from the time the cause of action arose to the date of payment or the date of judgment, whichever is the earlier.

                Comment

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