Legal Citations

[suvin50]

Hi,

I am in the process of preparing a bundle in my claim against MBNA for charges on my credit card account. As well as the bundle the N24 is asking for full legal citations for the Sempra Metals and Kleinwort Benson cases which is part of my claim that I am relying on. Can anyone help?

thanks

suvin50

[Amethyst]

Re: Legal Citations

the Citations should be the Judgments printed in full and the relevant passages clearly marked by a vertical line in the margin.

Need to know a bit more about your case to know which parts of Sempra and Kleinwort are needed. Are you claiming contractual interest ?

When were the charges incurred and how much is the value of each charge ? (ie. are they £20-£25 or £12)

[suvin50]

Re: Legal Citations

Hi Amethyst,

Thanks for picking this up.

Yes I am going for interest in retribution. Charges were £20 and £25 pounds and were incurred between 2003 and 2006. Over limit fees and late payment. £1100 in total. I am going with charges being a mistake as when charges were first applied I had paid over £2000 in PPI premiums and several thousand in interest so would never have been over limit. MBNA have already admitted mis-selling PPI but refuse to refund any charges as they are required to do by FOSsuvin50

[Amethyst]

Re: Legal Citations

So you have a FOS adjudication on the charges or just the PPI ? Do you have a copy of the FOS adjudication ?


Bit on Sempra here http://www.legalbeagles.info/forums/...ust-enrichment

This from Sempra referring to Klienwort Benson

22. In Kleinwort Benson Ltd v Lincoln City Council [1999] 2 AC 349, 372G-373B Lord Goff of Chieveley referred to the development of a coherent law of restitution, a doctrine first recognised by this House in Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548, 577-578. He said there was a general right of recovery of money paid under a mistake and that it was founded upon the principle of unjust enrichment. At p 373C he said that a blanket rule of non-recovery on the ground of a mistake of law could not survive in a rubric of the law based on that principle. This led him to conclude that there was "a general right" to recover money paid under a mistake, whether of fact or law, subject to the defences available in the law of restitution: p 375H. At p 377C he said that the common law should now recognise that restitution may be granted in respect of money paid under a mistake of law. At p 379H he said that, subject to any applicable defences, the payer was "entitled" to recover the money paid under a mistake. Throughout his speech he was addressing a common law remedy, not one that was available in equity. I think that it can now be taken as settled that, under the Kleinwort Benson principle, a cause of action at common law is available for money paid under a mistake of law: Deutsche Morgan Grenfell Group plc v IRC [2007] 1 AC 558, para 62. I also think that the time has come to recognise that the court has jurisdiction at common law to award compound interest where the claimant seeks a restitutionary remedy for the time value of money paid under a mistake.

[suvin50]

Re: Legal Citations

Hi

A quick synopsis....

Card taken out in 1995 and defaulted in 2006 due to excessive charges. I was paying almost £400 per month with interest , PPI and charges. Complained to MBNA in 2012 and they coughed up on the PPI, but only from the years 1999 to 2006. $ years missing. They refused to acknowledge the OFT decision on charges and offered £200 as a goodwill gesture. This is when I passed it to FOS. They are still investigating both charges and PPI but at least I have finally got an adjudicator.

[Amethyst]

Re: Legal Citations

Hi

A quick synopsis....

Card taken out in 1995 and defaulted in 2006 due to excessive charges. I was paying almost £400 per month with interest , PPI and charges. Complained to MBNA in 2012 and they coughed up on the PPI, but only from the years 1999 to 2006. $ years missing. They refused to acknowledge the OFT decision on charges and offered £200 as a goodwill gesture. This is when I passed it to FOS. They are still investigating both charges and PPI but at least I have finally got an adjudicator.

Okay, so how did you come to bring a court action against MBNA?

[suvin50]

Re: Legal Citations

Because they are refusing to re-imburse me for unlawful penalty charges. FOS are dragging their feet as usual. This has been ongoing for the best part of 3 years. Other banks I have successfully claimed against didn't have a problem with repaying the charges with interest.

[righty]

Re: Legal Citations

Hi,

I am in the process of preparing a bundle in my claim against MBNA for charges on my credit card account. As well as the bundle the N24 is asking for full legal citations for the Sempra Metals and Kleinwort Benson cases which is part of my claim that I am relying on. Can anyone help?

thanks

suvin50

Read this http://en.wikipedia.org/wiki/English...enrichment_law
The citations including the one you want are listed at the bottom of the page

[suvin50]

Re: Legal Citations

Read this http://en.wikipedia.org/wiki/English...enrichment_law
The citations including the one you want are listed at the bottom of the page

Hi Righty,
I must be missing something. When you say at the bottom of the page, whereabouts do you mean?
suvin50

[Kati]

Re: Legal Citations

Kleinwort Benson Ltd v_Birmingham_CC


Sempra Metals Ltd_v_Inland_Revenue_Commissioners

[suvin50]

Re: Legal Citations

Hi Kati,
I did see these but there doesn't seem much information in them. Surely there is more to it than this?

suvin50

[Kati]

Re: Legal Citations

Hi Kati,
I did see these but there doesn't seem much information in them. Surely there is more to it than this?

suvin50

There's this: Sempra Metals Limited judgement??

[suvin50]

Re: Legal Citations

Hi

Did see this as well. Will print it off and mark the relevent bits. Thanks

suvin50

[suvin50]

Re: Legal Citations

Hi

At long last I have a date for my hearing, 25th March. Does anyone know if there have been any successful claims for repayment of charges from MBNA, through the small claims court?

[wildcolonialboy]

Re: Legal Citations

X

The legal citations are the suffixes after the names of the parties that tell you when and where the judgment was rendered. For example

Kleinwort Benson Ltd v Lincoln City Council [1999] 2 AC 349, 372G-373B

So that is the full citation for Kleinwort Benson. It has the year judgment was given. 2 AC 349 means that it was listed in the Appeal Cases law report, book 2 case 349. 372G-373B the particular parts of the case (i.e. paragraph 372G - paragraph 373B).

Hope that helps