*** DISCONTINUED *** Unjust Enrichment

[jaguarsuk]

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.

I think we'll let sleeping dogs lie

[veryannoyed]

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.

[jaguarsuk]

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

[jaguarsuk]

Re: Unjust Enrichment

Any advice?

[Diana M]

Is there an update on this claim?

Di

[jaguarsuk]

Nothing more to report at the moment, waiting on a hearing being set.

[jaguarsuk]

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?

[MIKE770]

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

[Amethyst]

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

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

[jaguarsuk]

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** ?

[Amethyst]

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.

[jaguarsuk]

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.

[jaguarsuk]

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.

[Diana M]

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

[jaguarsuk]

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).