Re: Tafflaff against egg Credit card
Hi Tafflaff,
You really need to have a look around the various reclaiming sites and study some of the Egg claims.
It is true that most sites now seem to advocate claims based on statutory interest only. However Egg like most credit card Companies seem quite willing to pay back all charges plus statutory court interest anyway so all most reclaiming sites are doing is actually guiding Claimers through a process to achieve something that the credit card companies are quite prepared to do anyway.
The Courts currently have no Statutory powers to award compound interest in cases like ours. Common law with respect to interest awards has always been a real mess. However, the recent House of Lords ruling in the Sempra V Inland Revenue appeal has actually developed law forward a considerable way and put to rest some of the old preconceived ideas wrt interest awards.
I have my final hearing with my Capital One claim tomorrow and hope that my Judge will be the first County Court Judge to put his head on the block and award compound interest for my restitutionary claim against Cap One. You may wish to wait until tomorrow to make your final decision as to how to proceed in your own claim. Claimers have been paid out compound interest on their claims before now but only as a result of a summary judgment against the defendant or as the result of the Bank or credit card company settling the claim in full at the last minute. As far as I am aware no Claimer has to date has been awarded compound interest as the result of a properly argued and judged claim for either credit card or bank charge refunds.
Budgie
Hi Tafflaff,
You really need to have a look around the various reclaiming sites and study some of the Egg claims.
It is true that most sites now seem to advocate claims based on statutory interest only. However Egg like most credit card Companies seem quite willing to pay back all charges plus statutory court interest anyway so all most reclaiming sites are doing is actually guiding Claimers through a process to achieve something that the credit card companies are quite prepared to do anyway.
The Courts currently have no Statutory powers to award compound interest in cases like ours. Common law with respect to interest awards has always been a real mess. However, the recent House of Lords ruling in the Sempra V Inland Revenue appeal has actually developed law forward a considerable way and put to rest some of the old preconceived ideas wrt interest awards.
I have my final hearing with my Capital One claim tomorrow and hope that my Judge will be the first County Court Judge to put his head on the block and award compound interest for my restitutionary claim against Cap One. You may wish to wait until tomorrow to make your final decision as to how to proceed in your own claim. Claimers have been paid out compound interest on their claims before now but only as a result of a summary judgment against the defendant or as the result of the Bank or credit card company settling the claim in full at the last minute. As far as I am aware no Claimer has to date has been awarded compound interest as the result of a properly argued and judged claim for either credit card or bank charge refunds.
Budgie
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