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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I purchased 5 items of film memorabilia - purchased on 5 different

Customer Question

I purchased 5 items of film memorabilia - purchased on 5 different days each with its own invoice in 1997.
All have been proven fake and accepted as such by retailer and refunded.
Can I claim Consequential loss of interest on money used by the retailer denied to me over 16 years in UK Small Claims Courts.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi, thanks for your question. My name is***** should be able to assist with this.

tdlawyer :

Interest like this is claimable under the County Courts Act 1984. It is, however, entirely in the Court's discretion as to whether it is awarded or not.

tdlawyer :

In theory, whenever a claim like this is made at Court, it would include a claim for interest under s.69 of the 1984 Act.

tdlawyer :

So, there is the possiblity of making this claim, but as I say, whether you will succeed is a matter of the discretion of the Court.

tdlawyer :

The risk to you is pretty low though, as if you did succeed on claiming back the money due to you (which it sounds like the retailer might accept was likely) then you would put in the interest claim and probably succeed in the usual course of things.

tdlawyer :

That he has paid the main claim and not the interest does not normally allow him to get off without paying the interest.

tdlawyer :

So, as there is no significant costs risk in the county court, you might take the view it's worth trying to recover the interest due anyway.

tdlawyer :

Does this answer your question please? Is there anything you would like to ask me?

Customer:

Each item is less than CC Limit of £10000 - can I therefore claim for 5 individual Consequential Loss as seperate individual item Claims.

tdlawyer :

If he has refunded the money - you only need to claim for the interest, dont you?

tdlawyer :

And I assume the interest is less than £10,000?

Customer:

It would be for each single item - yes But there will be 5 seperate claims.

tdlawyer :

I don'y understand. I thought he has refunded you the total purchase cost of the film memorabilia?

tdlawyer :

I thought you were only claiming for interest??

Customer:

Correct. He has refunded the original outlay and I wish to sue for interest.

tdlawyer :

Then your interest claim would be less than £10,000 - right?

tdlawyer :

So you would only need to issue one claim, for the interest, and not 5 claims for the total sums etc...

Customer:

For each item yes - but there are 5 items - can I submit 5 seperate claims of £10000

tdlawyer :

But he has paid you back for the items - so you can't claim for that money!

tdlawyer :

So you only claim for the interets on the value of the 5 items for the relevant period, which is done in one claim, and would be less than £10,000.

Customer:

The retailer has refunded the £16500 paid in 1997 but I wish to claim interest on this sum without going to the main Cuorts ie in Small Claims as 5 seperate claims.

tdlawyer :

How much does the interest come to?

Customer:

At UK Base rate over 16 years - £15000 but using the court rate of 8% - £40000

tdlawyer :

I see, okay. Then no, you cannot issue 5 claims and avoid the small claims limit. This would be seen as an "abuse of process" and would likely lead to the claim being struck out. You would be better off limiting your claim to £10,000 if you want the small claims protections.

Customer:

OK Thanks for your time.

tdlawyer :

Thank you.

Customer:

Will have to decide.

tdlawyer :

Are you happy that I've answered your question please, or do you need anything more from me?

Customer:

Thanks - Richard.

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