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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am trying to collect statutory interest on a of care

Resolved Question:

I am trying to collect statutory interest on a refund of care home fees following 5 years of denial by the NHS trust which finally accepted it was guilty of maladministration. However it refused to pay Statutory interest and, as an alternative remedy to Judicial Review (JD), which is completely out of my financial resources, I issued a County Court (CC) claim for the outstanding balance - being the interest - but they have retained solicitors who argue I cannot issue a CC for this and it must be a JR and that the CCG/PCT does not have to pay Statutory interest, it can pay RPI interest according to "Managing Public Money" but the Guide to Restitution for NHS Continuing Healthcare refunds, and the PHSO office, both state where it has been denied for so long, statutory interest is due. I have tried searching the internet for similar cases without success, can you help and what will it cost?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much are you claiming please?
Customer: 9,600.00 pounds
Alex Watts : Ok. Did you ever notify them before proceedings were issued you wanted interest?
Alex Watts : Has it been allocated to the small claims?
Customer: Yes I did and frequently over 3 months stated I would issue court proceedings. Not yet it is at harrogate CC but it does not say small claims or fast track yet.
Customer: Sorry, I first asked for statutory interest in August last year. When I threatened court action they paid an amount into my account but with no statement of how the figure had been arrived at. I accepted payment on account until I saw the calculation. When I saw it was only at RPI - for 2009 this meant no interest for that year - I wrote requiring statutory. It was only after some 5 emails again threatening court action did they state they would only pay RPI.
Alex Watts : What's it listed for now? You have evidence of saying you were going to claim interest?
Customer:

It is listed "to consider cost consequences should the claimant withdraw the action in the alternative to provide directions". Time 45 minutes. Yes I have copies of all emails sent over 4 months. We have been fighting them for this refund for over 4 years. It seems ludicrous that a member of the public fighting a clinical commissioning group has to stare bankruptcy in the face over a claim for £9K when the CCG has behaved unlawfully in depriving someone of nhs funded care

Alex Watts :

Ok - the general rule is if you withdraw from a claim then you are liable for the costs of the other side.

Alex Watts :

But if you stated EARLY on that you would be claiming interest then you can claim this.

Alex Watts :

The reality is the Judge wont give you 8%, they will probably give you 3% simple interest.

Alex Watts :

But you are entitled to interest on a debt.

Alex Watts :

But if you withdraw from a claim then you are liable for costs.

Alex Watts :

Can I clarify anything for you ab

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thank you but am I able to use the county court process or will my case be thrown out?
Alex Watts :

Litigation is by no means certain but if you have a claim then you can use the County court process

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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