small claims track over £10k?

[CondyLisa]

I am owed over £10k by a company in a case dating back almost six years.

I haven't claimed until now basically of legal costs.

But now I am going to submit a claim online.

Question:

• is it likely that as a litigant-in-person in person they would allocate it to the small claims track?
  
• should I claim for interest? Six years interest at 8% is obviously thousands of pounds, but I am not sure if it would be paid as I have left it so long before filing suit, and then it adds on hundreds of pounds in court fees.

[Allthebestnamesareused]

It is usual to claim interest when issuing proceedings. It is in effect the compensation for them not paying when they should. It is also a good means of getting a party to make an offer as if they lose they'd have to pay it so it might lead to an early settlement.

Make sure you issue before 6 years or the claim will be time barred

[CondyLisa]

Thanks, yeah I claimed online for the full amount with interest. It does considerably strengthen my settlement position I think, as it adds on an extra £7k to my starting point.

[prh47bridge]

From the amount of interest you are claiming it sounds like the initial amount is around £15k. At that level it would normally be allocated to the fast track. You can ask for the claim to go in the small claims track on the directions questionnaire. The court may agree if it is a straightforward claim.