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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17443
Experience:  Senior Associate Solicitor
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I just wondered if you was available for a quick question

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Hi Jim I just wondered if you was available for a quick question

Hello, this is Jim and welcome back to JustAnswer.

Yes please, if you could please set it out for me. 

Customer: replied 12 days ago.
Hi Jim - as you know the FOS case reviewer upheld my complaint to say my legal costs be covered in full, with compensation and the 8% interest.Obviously it was case reviewer and not the head ombudsman so the insurance company can still dispute it, but as she said to me they have had all their chances to present new information and haven’t and she seemed quite astute that they have had enough chances now…It was sent out on Thursday and tomorrow is weds. They have until the 11th to go back to herWhat do you make of them still not responding? Interest is accruing daily and I can’t see a head ombudsman going totally against the case reviewer decision so I was just wondering maybe what they could be possibly trying to come up with? As really long let they
Delay more interest for me which I’m a bit surprised about
They may be taking legal advice but the delay isn’t too long in my view. Interest is payable if you have to involve the court but it’s their choice whether to deal with this quickly or not. The 11th isn’t too far off and that should be an end date meaning you may well hear before then
Customer: replied 12 days ago.
How would it work with the FOS also saying 8% interest if it had to also go to court? Is it payable only once?
It’s payable under the county courts act and only triggered when you have to sue someone. There’s no entitlement to internet before you issue a claim.
if the FOS are saying it is, that’s wrong. As its only recoverable of and when you issue a claim against someone
I hope this helps
if and when
Thanks
Customer: replied 12 days ago.
The ombudsman’s decision shows this - interest payable
Customer: replied 12 days ago.
From me paying amount to them paying me
Thanks, that’s fine then. Though it needs to be pay or under a specific law or a contractual entitlement. My answer is the same anyway. Feel free to ask a second opinion but 8% is under the County Courts Act 1984 - the clue’s in the name
https://www.gov.uk/make-court-claim-for-money/work-out-interest
Customer: replied 12 days ago.
Ok thanks. I wonder if they’ll question that then
I’d say they should as like I say the interest is only claimable if you as a claimant has to use the court. Unless the contract you had makes provision for interest being payable to you but I doubt it does
Customer: replied 12 days ago.
Ok - suppose will have to see what they come back with then no doubt they’ll still try and get out of paying me if there’s an opportunity
Maybe though like you say, wait and see what comes of it - I doubt it will be long before you hear back
Customer: replied 12 days ago.
Yea I was sort of finally feeling confident I was going to get my costs paid past and future plus the interest and £250 but it just feels like their sky enough to still get out of it
Thanks, ***** ***** the court to use if so, as a last resort.
Customer: replied 12 days ago.
Ok hopefully it won’t come to that as suppose won’t look good for them going against the ombudsman decision twice
I agree, thanks
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