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#Post#: 87135--------------------------------------------------
Please help me to understand Section 69 of the County Courts Act
.
By: Hroogar Date: August 25, 2025, 10:49 am
---------------------------------------------------------
I am drawing up a claim against a bank for issue tomorrow and do
not understand the terminology in S69 CCA 1984.
There will be one claim to attempt to recover PPI for 4 loans
dating back to the period 1988-1990.
In plain English, when did the cause of action arise please?
Bank sent their final response 04/09/2019 offering no redress.
I need advice because PPI paid was approx. £1300 but interest
due, if I use the calculation banks used, amounts to £3800
approx so total due would be £5100.
Do I claim the £5100 or the £1300 and let the court decide on
interest? I don't understand it. Using the lower figure would
result in application fee of only £80 as opposed to £455.
Thanks in advance of ANY assistance. Hopefully this is clear
and contains enough information so as not to alienate the group.
#Post#: 87140--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: Southpaw82 Date: August 25, 2025, 12:17 pm
---------------------------------------------------------
[quote author=Hroogar link=topic=7792.msg87135#msg87135
date=1756136951]
In plain English, when did the cause of action arise please?
Bank sent their final response 04/09/2019 offering no
redress.[/quote]
Not that date. Logically, you must have had a cause of action to
complain about, some time before then.
Interest is easy - you claim the principal sum.
You then calculate interest up to the date of the claim. You
also cite the daily rate.
E.g. “The Claimant claims the sum of £[principal sum], plus
interest pursuant to s 69 of the County Courts Act 1984, at a
rate of 8% per annum, being a total of £[interest] between [date
cause of action arose] and the date of this claim, and
continuing at a daily rate of £[daily rate] until judgment or
earlier payment.”
#Post#: 87172--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: Hroogar Date: August 25, 2025, 3:58 pm
---------------------------------------------------------
[quote author=Southpaw82 link=topic=7792.msg87140#msg87140
date=1756142238]
[quote author=Hroogar link=topic=7792.msg87135#msg87135
date=1756136951]
In plain English, when did the cause of action arise please?
Bank sent their final response 04/09/2019 offering no
redress.[/quote]
Not that date. Logically, you must have had a cause of action to
complain about, some time before then.
Interest is easy - you claim the principal sum.
You then calculate interest up to the date of the claim. You
also cite the daily rate.
E.g. “The Claimant claims the sum of £[principal sum], plus
interest pursuant to s 69 of the County Courts Act 1984, at a
rate of 8% per annum, being a total of £[interest] between [date
cause of action arose] and the date of this claim, and
continuing at a daily rate of £[daily rate] until judgment or
earlier payment.”
[/quote]
Thanks ever so much, SP.
I initially contacted bank on 27/08/2019 as deadline for PPI
claims was 29/09/2019. That was the very first time I had cause
to complain as time would have run out for claims.
Principal sum is easy. That's the £1382 or whatever it is for
all 4 premiums + their initial interest (as they were added to
each loan).
But this is where I come unstuck I'm sorry to say.
PPI claims were made on the basis of the principal plus interest
of 15% up to 01/04/1993 and 8% thereafter.
So if my claim had been settled on 04/09/2019 then they should
have offered approx £5100 at that point. (principal plus 15%
until 01/04/1993 and 8% thereafter).
I am getting confused between "cause of action to complain
about", "time barring" and "date of accrual".
For example, let me just focus on ONE loan!
One premium dated 09/05/1990 was £595.76. The bank added £274.96
charge for credit. Total of £870.72.
So principal is £870.72 and 8% interest is £69.66 per annum or
£0.190843 per day = £2466.07 to 26/08/2025?
This ignores what was the 15% simple interest offered under the
PPI redress scheme up to 01/04/1993.
This gives a total of £3336.79 on just one of the loans.
And then I presumably do the same for each of the 3 other
premiums mis-sold.
Ignoring the 15% interest which banks offered will probably
bring all the loans in at under £5000 and so keep fees down.
I did actually only want to charge interest up until 04/09/2019
because had they have sensibly offered redress at that point
then it would have been settled and I think it might look better
in the eyes of a judge to show that I am not being unreasonable
by delaying another 6 years.
I sincerely hope you will respond to this as I also have it in
my head that I need to drive this to Northampton tomorrow to get
it stamped in as I still am not 100% clear on when the 6 years
is up (although next week does seem viable because I was still
unaware on 03/09/2019 that they would simply reject my claim
without properly investigating).
I've never been in this position before.
Thank you.
#Post#: 87174--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: Southpaw82 Date: August 25, 2025, 4:18 pm
---------------------------------------------------------
I’m not particularly au fait with PPI claims - have a look here
HTML https://www.macfarlanes.com/what-we-think/2023/ppi-unlimited-s-32-limitation-act-1980-reconsidered/.
#Post#: 87176--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: Hroogar Date: August 25, 2025, 4:28 pm
---------------------------------------------------------
[quote author=Southpaw82 link=topic=7792.msg87174#msg87174
date=1756156695]
I’m not particularly au fait with PPI claims - have a look here
HTML https://www.macfarlanes.com/what-we-think/2023/ppi-unlimited-s-32-limitation-act-1980-reconsidered/.
[/quote]
Thanks. Will do.
I’ve just done the calculation again and if I add interest to
tomorrow it adds another £2453!!!!
So a total claim of £7500+.
I honestly don’t feel it is fair to add interest onto the bank
just because they failed to offer redress before now and I, in
particular, have been unable to deal with it before now.
Have you any thoughts on that in the meantime please?
I’ll read your link now.
#Post#: 87182--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: Southpaw82 Date: August 25, 2025, 4:51 pm
---------------------------------------------------------
Interest is up to you. You don’t have to claim it if you don’t
want to.
#Post#: 87188--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: Hroogar Date: August 25, 2025, 5:08 pm
---------------------------------------------------------
I am a bit tired now seeing as I lost so much sleep last night
but…
That made for an interesting read. My understanding of Plevin is
that cases can still be brought under S140a and b of CCA 1974
and it is my understanding that the claim can only be for
anything over 50% of the original commission so on Mrs Potter’s
case she would have been claiming 45% of the £3800+ figure (plus
the interest).
Of course, the bank in my case has not disclosed any commissions
it paid to its own financial insurance company because it claims
there is no PPI records on file.
So there is a definite claim there and this is where I come up
unstuck.
I am looking to reclaim all the premiums paid PLUS the Plevin
element but I have no clue what legislation covers the PPI
element ie the premium paid.
Maybe Plevin is only part of it. I read something about a
“Platts Method” 2015 (IIRC) so probably have to look that one up
again.
Basically I am afraid that I will quote a piece of legislation
that is not relevant to my claim and the judge will simply laugh
me out of court and dismiss my claim.
Also, can you tell me how someone (Mrs. Potter) and fund a case
if it ends up going to the High Court and Court of Appeal. I
guess she only funded the small claims part and Canada Square
sought to appeal BUT if she only store to gain £1850 or so
surely the costs would have not been viable.
Maybe she employed solicitors. I don’t know. I will try and find
the original judgement and read it.
Just running out of time.
Your input has been really helpful. Thank you.
#Post#: 87574--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: Hroogar Date: August 28, 2025, 11:33 am
---------------------------------------------------------
[quote author=Southpaw82 link=topic=7792.msg87174#msg87174
date=1756156695]
I’m not particularly au fait with PPI claims - have a look here
HTML https://www.macfarlanes.com/what-we-think/2023/ppi-unlimited-s-32-limitation-act-1980-reconsidered/.
[/quote]
Did the claim 2 days ago just to be 100% sure that I could avoid
being time barred.
Doing it online also meant I had to forego claiming about £1600
of additional interest that would have been due had I done a
paper claim but also meant that it was sealed immediately rather
than a 3 week wait (which I may or may not have had iro time
bar) as the different loans could not be split down to their
individual dates. I did request judge to consider a separate
schedule (which will include full interest claim) which I will
file with full particulars in next 10 days.
Thanks for your input, Southpaw82.
All I need to do now is wait to get laughed out of court.
I made call to the bank same day and well, well, well they said
someone was looking into my complaint. How convenient! I told
them the claim was still being filed. Let's hope they do the
right thing. I hold zero hope they will. Maybe the small claims
issue will make them dig their heels in a bit more - who knows?
I did consider sending them an email to say it has been filed
and invite them to apply for the extended period to give their
department the best shot at settling outside of court rather
than just acknowledging and saying they will defend. I doubt
the pressure will bother them. They will simply acknowledge and
say they will defend and it is possibly the worst outcome for me
rather than ignoring the time bar issue which ultimately I
couldn't get a definitive answer on because of the complexities
surrounding their concealment.
Without your input, I probably would have failed to act.
Now I just need to crack on with letters to the Coroner over my
late brother's death and look forward to meeting with my
consultant for biopsies for cancer tomorrow morning. Fun times
ahead...
#Post#: 88106--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: Hroogar Date: September 2, 2025, 10:08 am
---------------------------------------------------------
I now have a week left I believe to file the Full Particulars of
Claim. Do I simply flesh out what I wrote on the Draft PoC which
I filed online or simply wait for DQ please?
Another development in the case is I received a USB stick from
the bank on Saturday by Special Next Day Delivery and they are
forwarding a password for it under separate cover. I am hoping
that this is a full copy of the recording of the 6th August
telephone call where the agent admitted the bank had deleted
documents.
I have also had another knock back from the bank who say that
the complaint is closed saying that they have reviewed all
information. I doubt they have because if they had they would
have done the decent thing and made of offer of PPI redress.
Been doing a fair amount of reading up too and am aware that I
need to ask judge to restrict costs to small claims track costs
if the bank try and force it onto another track where I am NOT
protected by limited costs awards if the bank wins. Don't want
to end up paying £10k's if they choose to through everything at
it.
Hoping that I can get further advice on this as it is a biggie
for me.
At what point can I make the last submission of facts and
provide proof of any kind?
I wish this was a simple parking ticket. It would have been far
easier to deal with.
Thanks in advance of any suitable responses.
#Post#: 88132--------------------------------------------------
Re: Please help me to understand Section 69 of the County Courts
Act.
By: kno Date: September 2, 2025, 12:53 pm
---------------------------------------------------------
Can you also try putting in a post in each subreddit
HTML https://www.reddit.com/r/UKPersonalFinance
and
HTML https://www.reddit.com/r/LegalAdviceUK?
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