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Article 43 Amount which may be claimed generallyI1

Scotland

(1)

Subject to Rules F131, 38 and 44, the amount in respect of which a creditor shall be entitled to claim shall be the accumulated sum of principal and any interest which is due on the debt as at the date upon which the company entered postal administration.

(2)

If a debt does not depend on a contingency but would not be payable but for the postal administration until after the date upon which the company entered postal administration, the amount of the claim shall be calculated as if the debt were payable on the date when the company entered postal administration but subject to the deduction of interest at the rate specified in section 17 of the Judgments Act 1838 (judgment debts to carry interest)f1 on the date when the company entered postal administration until the date for payment of the debt.

(3)

In calculating the amount of the creditor’s claim, a creditor shall deduct any discount (other than any discount for payment in cash) which is allowable by contract or course of dealing between the creditor and the company or by the usage of trade.

Annotations

Textual amendments

F1

Words in rule 43(1) substituted (13.4.2017) by virtue of The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

Commencement

I1

Rule 43 in force at 1.10.2016, see rule 1

Footnotes

f1

1838 c.110, as amended by S.I. 1998/2940, Article 3.