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Thread: Unjust Enrichment

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  1. #26
    Amethyst's Avatar

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    Default Re: Unjust Enrichment

    Tsk !

    How did the offers go since the error was notified ?

    They said pay back in full ...

    You said .. can't - how about £24.60 month for 24 months

    they said no, pay in full ...

    You said.. can't how about £58 for 12 months

    they said.... ?

    We probably need to see the letter you sent that you and they disagree on whether it equals you accepting liability too.

    You do owe the money, and it seems daft to end up with a CCJ over it, and although it might be a wee victory for you if the court orders £1 a month, or £24 a month etc off the back of your IE sheet, your credit record is still stuffed for 6 years.... I assume that is your priority ? If so you need to get a bit more concillatory to get this sorted without a judgment.
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  2. #27
    Diana M's Avatar

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    Default Re: Unjust Enrichment

    I don’t think they’ve issued the claim to punish you, they’ve probably just run out of patience since the ‘payment incident’ took place over a year ago and they’ve not recovered a penny of it yet.

    Perhaps things would have been different if you had started to repay the money even if it was less than they would formally accept, but instead they’ve gone for the certainty of a court judgment.

    However I would suggest you listen to what Peridot has said about getting some initial free face to face legal advice and take a copy of the contract you signed with you in case there’s anything in the small print to help you file a Defence.

    Since the sum claimed is less than £10k you should be able to fix this at the Mediation stage (if you file a Defence) which is legally binding but not a CCJ.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

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  3. #28
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    Default Re: Unjust Enrichment

    Quote Originally Posted by Diana M View Post
    I don’t think they’ve issued the claim to punish you, they’ve probably just run out of patience since the ‘payment incident’ took place over a year ago and they’ve not recovered a penny of it yet.

    Perhaps things would have been different if you had started to repay the money even if it was less than they would formally accept, but instead they’ve gone for the certainty of a court judgment.

    However I would suggest you listen to what Peridot has said about getting some initial free face to face legal advice and take a copy of the contract you signed with you in case there’s anything in the small print to help you file a Defence.

    Since the sum claimed is less than £10k you should be able to fix this at the Mediation stage (if you file a Defence) which is legally binding but not a CCJ.

    Di
    Thanks Di

    The only reason I haven't paid them anything is that I don't trust they won't renege on the payment plan and use the fact I have repaid money to obtain a CCJ anyway.

    The legally binding agreement at Mediation would be ideal from my point of view, I want the protection that I can repay what I owe and that they can't do anything underhand once I start paying.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  4. #29
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    Default Re: Unjust Enrichment

    Also, if my name was Joseph Bloggs they have issued the claim against Joe Bloggs. Would that allow me to request it struck out or is a shortening of a name not enough to claim they have brought proceedings against the wrong person?
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  5. #30
    des8's Avatar

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    Default Re: Unjust Enrichment

    A minor error in the name will not give you a defence. You can declare it and have the court record changed but you may prefer not to.

  6. #31
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    Default Re: Unjust Enrichment

    Quote Originally Posted by des8 View Post
    A minor error in the name will not give you a defence. You can declare it and have the court record changed but you may prefer not to.
    I think we'll let sleeping dogs lie
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  7. #32
    veryannoyed's Avatar

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    Default Re: Unjust Enrichment

    Just hope you dont have the judge I had. Unjust Enrichment set at 2% per month on a compound interest basis and said that was fortunate as 3% could be justified. Also have no right to Appeal and they call that British justice.

  8. #33
    jaguarsuk's Avatar

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    Default Re: Unjust Enrichment

    Hi All

    An update, the legal argument wasn’t made very clear by the claimant on the POC on the claim form, but they have now filed a reply to defence as they’re moving very quickly after me stating there was insufficient information to asses my position on the claim form.

    It appears they claim “mistake of fact” now... see the photo of the relevant details. However, as far as I can see this basically is them saying this is the reason that has lead to Unjust Enrichment, is that correct?

    I have since read their employment contract, this wasn’t a mistake of their payroll as they pay on the last working day of the month. 30/09/16 was last working day, they paid it on 29/09/16 and therefore it can’t have been a mistake of their payroll system.

    Essentially in the defence I submitted in pleading to the claim form I highlighted the date deficiency from their contract to the payment date and I states that in the lack of clarity of their legal argument from the pre-action letter that my defence was change of position.

    I dont think I need to amend my defence based on what I have said in this post, but if anyone disagrees please let me know why & how I might strengthen my case?

    All help greatfully received

    33DAE663-FD4A-48BB-AA3A-2BA9FB6F3602.jpg
    Last edited by jaguarsuk; 4th November 2017 at 11:40:AM. Reason: Add further information
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  9. #34
    jaguarsuk's Avatar

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    Default Re: Unjust Enrichment

    Any advice?
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

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