Claiming of interest in Scotland

[charlieho]

From the

Scottish courts web site -Taking a Claim to Court

 

How to commence court proceedings

You will note that a blank space may have been left in the form of claim at section 4 to enable you to fill in the rate of interest (if any) you wish to claim. The normal rate of interest is the one approved by the court,known as the ‘judicial rate’. This is currently 8%.

Interest normally becomes due from the date the summons is sent to the defender.

If you wish to claim interest at a different rate, or wish the interest to commence from a date other than thedate the summons is sent, you should seek advice before completing this section. Please note that this is

not a matter which the sheriff clerk can assist you with.

 

 

Would it be okay to put something along the lines of "charges as listed and interest at the judical rate of 8% from the date of imposition of the unlawful charge"

 

I understand that some Scottish claimants have not got the interest back and wondered if this would help.(wouldn't like to lose a possible £682.00 as calculated by the spreadsheet)

 

 

[rjstott]

From my perspective there are two parts to the interest charge.

 

Part one is interest charged by the bank as a result of charges made and consequent increase in your o/d. You can claim this back in addition to the charges. Each charge will accrue interest from the date of the charge until the date of court application.

 

Part two is 8% from the commencement of proceedings and generally applies in situations where someone doesn't pay a bill to an institution or company. However, if the actual interest rate you are being charged by the bank is in excess of 8% this is where you can ask for that higher rate to be used in the part two calculation.