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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.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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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.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  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
    jaguarsuk's Avatar

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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
    jaguarsuk's Avatar

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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.

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