Statutory Interest

isplumm

babycakes wrote: »

Thanks isplumm & Hintza.

I do have her 'version' of a contract but there are no T&C's on it, at the time I hadn't ever thought it would come to this. I simply presumed my piece would be sold, commision rightly taken as agreed and I would have my cash from the sale minus commission. It's the fact that no contact whatsoever was made that leaves me feeling a little conned!

isplumm I don't intend to claim interest from Jan 2008, I intend to claim interest from the date the transaction was made and she received money from the item.

As to the reasons that 16 months passed, I had an awful lot going on personally with living situation etc which was extremely stressful, however I would never give someone something of mine to sell and then call them every single week to check on progress, I rather stupidly presumed that the onus would be on her to contact me when a sale was made. According to the Consumer Advice people I phoned, she could have had this piece for up to six years and it is still legally mine - I'm quite shocked that I would be questioned for the length of time taken to query the progress, rather than someone who made a sale and then pocketed the cash and made no contact whatsoever, rather banked the money and kept quiet!

Thank you all for your replies.

The point is that it doesn't matter what was happening within your personal life .... you have no proof that she didn't try and contact you ....

I agree that you should be entitled to the money back, as you have proof she sold it in 2008, but charging them 8% interest from when it was sold, seems a bit much to me - ... especially as interest rates are so low ...

Have you send her a "NOTICE BEFORE ACTION" letter, telling her that you know the item was sold in May 2008 & would now like the money back (with reasonable interest - commission), giving her 7 days to pay - that may produce the result you want? (Check the exact words you need to use - the bit in bold might be 100% correct!!).

Mark

ariarnia

isplumm wrote: »

The point is that it doesn't matter what was happening within your personal life .... you have no proof that she didn't try and contact you ....

and correct me if I'm wrong, but she has no proof that she did?

isplumm

ariarnia wrote: »

and correct me if I'm wrong, but she has no proof that she did?

But you don't know that? She might have telephone records .... now I suspect that she hasn't & most likely you are right ... but the OP waited 18 months before attempting to chase ... so the OP needs to take some responsibility for this ...

Like I said, if the OP hasn't sent her a "NOTICE BEFORE ACTION" letter, then I would do that now, giving 7 days to pay - then if no result, go to court .... the OP will be able to show the judge that they have tried your best to avoid court ....

Mark

wannabe_sybil

If you want to claim interest on the small claim you need to put specific wording.

I can't remember the exact wording but it is something like PLEASE CHECK THIS WITH COURT STAFF WHO WILL BE ABLE TO TELL YOU.

I also claim interest on the sum of x at a rate of 8% pa amounting to x per day and continuing to accrue at the same rate until date of judgement according to Section 69 County Court Act 1984.

There is standard wording, someone should be able to correct my shaky memory. hth

ariarnia

isplumm wrote: »

But you don't know that? She might have telephone records ....

and she might be lying out her bum.

Either way, the owner of the item got in touch and she was (according to the op) rude and unprofessional. If she had not originally denied all knowledge of the item even existing then maybe the OP would be fine accepting the commission as originally agreed.

As it is, she has benefited from having that money for 18 months (and we don't know how much it is so she potentially benefited a lot) and did not have the money ready to give to the owner when the owner got in touch.

I agree with the op in that, given the nature of the arrangement, him pestering her for info on a regular basis would have been unwelcome.

Given he anticipated a delay and anticipated her getting in contact with him I can see it as reasonable that it might have slipped his mind for a year or more (as even if you think about it after say, 6 months, if you have to look for contact details it can be labelled as less of a priority and be forgotten again)

Equaliser123

wannabe_sybil wrote: »

If you want to claim interest on the small claim you need to put specific wording.

I can't remember the exact wording but it is something like PLEASE CHECK THIS WITH COURT STAFF WHO WILL BE ABLE TO TELL YOU.

I also claim interest on the sum of x at a rate of 8% pa amounting to x per day and continuing to accrue at the same rate until date of judgement according to Section 69 County Court Act 1984.

There is standard wording, someone should be able to correct my shaky memory. hth

It is Scotland so CCA 1984 does not apply. Court staff will, as you say, be able to help.