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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.

Quote from: Hroogar on August 25, 2025, 04:49:11 pm

In plain English, when did the cause of action arise please? Bank sent their final response 04/09/2019 offering no redress.

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.”

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.

I’m not particularly au fait with PPI claims - have a look here.

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.

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.

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.

Can you also try putting in a post in each subreddit https://www.reddit.com/r/UKPersonalFinance and https://www.reddit.com/r/LegalAdviceUK?

Thank you. I am really very grateful for that idea.

Thanks to SP to for their valuable input.