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*** DISCONTINUED *** Unjust Enrichment

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  • #31
    Re: Unjust Enrichment

    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
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    • #32
      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.

      Comment


      • #33
        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, 11:40:AM. Reason: Add further information
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #34
          Re: Unjust Enrichment

          Any advice?
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment


          • #35
            Is there an update on this claim?

            Di

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            • #36
              Nothing more to report at the moment, waiting on a hearing being set.
              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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              • #37
                Since my last post a hearing date was set for April after mediation had failed.

                I have today received a Notice of discontinuance from the claimant.

                Would I be advised to send a copy to the court to ensure they have received it?
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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                • #38
                  no ring the court in a week and confirm they have their copy

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                  • #39
                    Whoop whoop !!!! Did they explain why they had decided to back off?

                    13669CCA-F653-4173-A09D-BA16C3FF4E9D.jpeg
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

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                    • #40
                      Originally posted by Amethyst View Post
                      Did they explain why they had decided to back off?
                      No, just a 1 line letter saying please find enclosed the Claimants notice of discontinuance.

                      How do I update the title of the thread to add **DISCONTINUED** ?
                      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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                      • #41
                        Ahhh I shall do it for you

                        They probably decided it just wasn't worth the hassle, or read your defence and realised they'd cocked up .... hopefully that will be the end of the matter.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

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                        • #42
                          Originally posted by Amethyst View Post
                          Ahhh I shall do it for you

                          They probably decided it just wasn't worth the hassle, or read your defence and realised they'd cocked up .... hopefully that will be the end of the matter.
                          Thanks.

                          I believed from the outset that they thought they could scare me into agreeing anything they wanted by simply filing the claim and faced with the prospect of paying a hearing fee have decided against it. A robust defence and use of CPR to demonstrate to them that court along with it's processes don't scare me probably helped.

                          Their conduct throughout has been appalling too, a good chance they'd have gotten slapped wrists in court and if it had been the Judge I was hoping for on the day they'd have come out lucky to be alive.
                          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                          Comment


                          • #43
                            Originally posted by MIKE770 View Post
                            no ring the court in a week and confirm they have their copy
                            Had an order vacating the claim through and a copy of the Notice, so just awaiting a final order to dismiss it.
                            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                            Comment


                            • #44
                              Originally posted by jaguarsuk View Post

                              Had an order vacating the claim through and a copy of the Notice, so just awaiting a final order to dismiss it.


                              Has there been an agreement to a dismissal of the claim (Consent Order signed by both parties)?

                              You say that you received a Notice of Discontinuance but that won't mean the claim is dismissed.

                              Since you had filed your Defence if they want to issue a new claim on the same or substantially the same facts then they can but they would need permission of the court.

                              However a dismissal of the claim would be the end of the matter.

                              It's explained well here > https://nearlylegal.co.uk/2012/10/wi...nt-of-consent/

                              The Trial/Hearing would have been vacated because the event was no longer required since the claim had been Discontinued meaning the DJ wouldn't be needed to make an Order for Dismissal.

                              Or have you signed a Consent Order to a Dismissal?

                              Di

                              Comment


                              • #45
                                Originally posted by Diana M View Post



                                Has there been an agreement to a dismissal of the claim (Consent Order signed by both parties)?

                                You say that you received a Notice of Discontinuance but that won't mean the claim is dismissed.

                                Since you had filed your Defence if they want to issue a new claim on the same or substantially the same facts then they can but they would need permission of the court.

                                However a dismissal of the claim would be the end of the matter.

                                It's explained well here > https://nearlylegal.co.uk/2012/10/wi...nt-of-consent/

                                The Trial/Hearing would have been vacated because the event was no longer required since the claim had been Discontinued meaning the DJ wouldn't be needed to make an Order for Dismissal.

                                Or have you signed a Consent Order to a Dismissal?

                                Di
                                Hi Diana M, thank you very much for the reply and link.

                                I have not signed a consent order, but obviously want to finalise this if I can. Attached is a draft of one I am going to send to the claimant to see if they will sign one, is there anything further I need to add? (the red is all to remind me to put the correct information in once ready to print).
                                Attached Files
                                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                                Comment

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