I have a question about claiming WITH interest

SurefireMJ2040

I am just about to file my claim against Barclays online with MoneyClaim. I have done my research and I am following instructions on the Consumer Action Group (CAG) forum.

Now, the total of my charges = £845.

When I used Martins little interest calculator, the total amount of interest came to = £82.64.

Therefore making a grand total of £927.64.

My question is:

Am I entitled to claim interest aswell, because I never had an overdraft facility and therefore I never actually paid any debit interest as a result of these charges being applied to my account. Yes I went overdrawn a few times as a result of these charges but am I actually entitled to claim interest aswell or is it only for those who paid debit interest on their overdraft facilities?

Many thanks! :beer:

SurefireMJ2040

Even though I have requested that Barclays pay me back my charges PLUS interest I am just going to claim back the charges only and file on MCOL now.

The interest was minimal anway so I'll proceed with claiming back just £845.

It shouldn't matter that I have asked for interest aswell in my previous letters to Barclays should it?

Edinburghlass_2

I think you need to read Martin's article and the audio file in it regarding understanding the interest. This is not "bank interest" but interest that you are entitled to claim when putting a claim through court, it could be a holiday company that you are claiming £100 from and you would be entitled to add interest to your claim.

Its at this stage that you add the interest in and as you are now starting your claim via the court system you will be entitled to it.

edited to add, have a read of the MCOL FAQ....

http://www.hmcourts-service.gov.uk/cms/1051.htm

SurefireMJ2040

Ok thanks for your reply.

However, when I am being asked to provide the particulars of the claim surely the part in bold doesn't apply to me because I am not claiming an extra amount of interest?!

Are you able to advise me on what exactly goes here?

The Claimant has an account XXXXXXXX with the Defendant, opened XX/XX/XXXX. Since XX/XX/XXXX the Defendant debited charges and interest in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £845.00; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

Thank you.

SurefireMJ2040

Ignore my last post, I understand it all now!

You should be given a medal y'know! :beer: