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    • Oh and the judge is very familiar with the Parking Eye supreme court case.   It will be my turn soon, not feeling good. 
    • Thank you so much for your response. Do I need to reply to their letter as I presume the SAR may take weeks to come from them? How can I find out what I earned back in 2004?   I was self employed but from memory I didn't pay myself a wage because I didnt have the funds - hence why I needed Tax Credits
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    • The significant majority of C’s claim (£8,245.76) relates to a restitutionary claim for compound interest on the £570 default charges. C relies on Sempra Metals to justify such an entitlement. However, the relevant parts of Sempra Metals on which C relies were overturned in the recent Supreme Court decision of Prudential Assurance Co Ltd v HMRC [2018] UKSC 39, as explained below: “In Sempra Metals (formerly Metallgesellschaft Ltd) Ltd v IRC the House of Lords held that a taxpayer which had paid tax earlier than it was legally required to do could establish that the Revenue had been unjustly enriched, with the enrichment consisting of the Revenue’s opportunity to use the money until the tax was properly due (so-called “use” or “opportunity” value of money). This enrichment was valued with reference to compound interest which the defendant would have had to pay to borrow an equivalent amount of money to that which had been received from the taxpayer and which, for the Revenue, was a rate which was lower than the commercial rate. Such a claim for the use value of money, which was subsequently    Page 4 2 considered to involve a freestanding cause of action distinct from a claim to recover the value of money received, would be available in respect of any unjust enrichment claim where money had been paid which was not due to the defendant. This aspect of the decision in Sempra Metals was, however, overruled by the Supreme Court in Prudential Assurance Co Ltd v HMRC on the ground that a claim for the use value of money was inconsistent with the analysis on unjust enrichment claims adopted by the Supreme Court in Investment Trust Companies v Revenue and Customers Commissioners, namely that the defendant’s enrichment involves a transfer of value which must be directly obtained at the expense of the claimant, who must have incurred a loss as a result of providing the benefit. As the Supreme Court recognised in Prudential Assurance, where the claimant mistakenly pays £1,000 to the defendant which is repaid by the defendant a month later, the fact that the defendant has had an opportunity to use that money for a month has not involved an additional and distinct transfer of value from the claimant to the defendant. It follows that a distinct claim for the use value of money is no longer available. The Supreme Court in Prudential Assurance also clarified the nature of the award of interest for a claim in unjust enrichment. In Sempra Metals the House of Lords has held, in obiter dicta, that compound interest should be generally available as of right for unjust enrichment claims at common law, which was inconsistent with the earlier decision of the House of Lords in Westdeutsche Landesbank Girozentrale v Islington LBC that compound interest could only be awarded in respect of equitable claims. In Prudential Assurance the Supreme Court held that, where the defendant is liable to make restitution to the claimant, the award of interest is intended to compensate the claimant for the loss of the use of money and does not involve the reversal of the defendant’s unjust enrichment, because any benefit obtained from the defendant’s use of the money has not been obtained at the expense of the claimant since there will have been no transfer of the value of that benefit from the claimant to the defendant. Further, where the defendant is liable to make restitution to the claimant, a debt arises and it is the failure to discharge that debt immediately which justifies the award of interest under s.35A of the Senior Courts Act 181, which is consequently simple rather than compound interest”1 [emphasis added].
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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CBS Transcom - Arrow Global - Cope's - NOTICE OF DISCONTINUANCE!!!


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Right guys, I have had absolutley sod all of the requested paperwork back and the 7 days were up yesterday, but I gave it until today (just because the post around here is rubbish at the moment:roll:)

 

So now I need to do the N244 form ready to put into the court on Monday morning, any advice would be welcome, as always.

 

Thanks in advance

MM

Im sure a friend will be along shortly to assist with this;)

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Thanks pt and jonni2bad:)

Also thanks to Docman and upto the eyeballs for your help and support, as I have said before it is very much appreciated:)

Edited by mighty-midget
i can't spell!
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  • 2 months later...
Hi mighty-midget,

 

Are there any further developments, did you complete the N244?

 

I would be interested to know what happened.

 

Regards

SC

 

Hi SC,

 

Sorry not been around much lately, my TFT went bang:eek:

 

I did send off the N244 but have heard nothing from the court, although I did try to call them and I think that I got the YTS girl:rolleyes: So no help really I will ring them again to see if a judge has had a chance to look over everything!

 

Have had some paperwork from Cope's but TBH you can't really read it as the quality is really bad.

 

So, I guess what I am trying to say is that I am still playing the waiting game.

 

Thanks for the interest.

MM

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Me again:rolleyes:

 

After saying that I have heard nothing and that I am still waiting, this morning I got a letter from NCC bulk centre saying that;

 

"as a result of an order made on 16 January 2009, this claim has been transferred to ****** Countu Court"

 

Whay could I not have been told this when I rang?

 

The letter also has a note on it that says

 

NOTE: A party affected by this Order may under Rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order.

 

What does all of this mean? And what happens now?

Will I get something from my local court to tell me when etc? Or do I need to contact them myself?

 

Thanks in advance as always.

MM

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All this means is that the claim will be transferred to your local county court. You should receive an 'Allocation Questionnaire' next from the court to complete. There's a sticky above on completion of AQs, so don't worry. Come back when you receive the AQ.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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All this means is that the claim will be transferred to your local county court. You should receive an 'Allocation Questionnaire' next from the court to complete. There's a sticky above on completion of AQs, so don't worry. Come back when you receive the AQ.

 

Thanks for the help docman:)

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Hi all, just to keep you up to speed!

 

I have received a Notice of Hearing Application from my local court and the date is set for 2nd March 2009, but as of yet I have not received and Allocation Questionairre..

 

My feelings now are that preverbial brick depositing from a rear orafice:eek:

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Hi all, just to keep you up to speed!

 

I have received a Notice of Hearing Application from my local court and the date is set for 2nd March 2009, but as of yet I have not received and Allocation Questionairre..

 

My feelings now are that preverbial brick depositing from a rear orafice:eek:

 

Soooo....... what happened?

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  • 2 months later...

I will certainly update the thread asap, I am just trying to keep the essay to a minimum with all the facts in the right order!

 

I can now let you all know what happened and when, but as you can see from the title I received a nice letter in the post today:D, this smiley is definately showing the grin on my face at the moment!

 

Thank you so much to all of you that have helped me;), it is very much appreciated:smile:

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Fantastic news MM. Look forward to the essay!

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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You just can't find a decent backbone in that company anymore... :D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 4 weeks later...
I will certainly update the thread asap, I am just trying to keep the essay to a minimum with all the facts in the right order!

 

I can now let you all know what happened and when, but as you can see from the title I received a nice letter in the post today:D, this smiley is definately showing the grin on my face at the moment!

 

Thank you so much to all of you that have helped me;), it is very much appreciated:smile:

 

 

MM

 

Can you let us know what happened? There appear to have been a few NODs issued in early June. Did they pay your costs or agree to remove any adverse comment with the CRAs?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Firstly sorry it has taken me so long to try and write this:oops:

 

As you all know I went to court back in March, the morning went as follows:

 

The paperwork stated that I had to be at the court for 10.15am, not having been before I assumed that this was my time slot! I sat and waited and finally got my chance at 11.30am.

 

I went in full of confidence and armed with all the information that I thought I need (following the advice of a couple of lovely chaps!) I was polite and explained that I was a litigant in person and had limited knowledge of the law. I thought that the hearing was just to hear my motion to have the claim dismissed or to force Cope's to ammend they POC's! How wrong was I?

Cope's had requested a summary judgement and to have my defence struck out, I KNEW NOTHING ABOUT THIS:eek:

 

I was immediately put on the back foot and the judge did not seem interested in anything that I had to say, he just kept saying that I knew what this was all about and that I owed them the money, and although I was prepared for some of his questions I wasn't prepared for a judge that didn't seem to care what points I raised ie that cope's had not set out their claim correctly, who the money was due to, that there was no date of default etc

 

On my N244 I was either asking for their claim to be struck out or failing that I was asking the court to get cope's to ammend their POC's, the judge dismissed my claim and dismissed their summary judgement request! But, I tried to push the issue and eventually got the judge to order that they ammend their POC's within a given time period, 14 days and that I then be given a further 14 days to file my defence.

The judge did not award me my costs, even though he had actually ordered Cope's to ammend their POC's which was part of my N244 as an either or

Also, as I was leaving the judge's chambers the judge said "as you know what this is all about I suggest that you call them and come to some arrangement" I didn't respond to him but couldn't beleve that he had said it!

Right from the start of the hearing I got the feeling that the judge didn't care about any points of law that I raised, in his eyes I had borrowed the money and therefore I had to pay it back regardless and to be honest I felt that he was already on their side.......

 

Got the order back from the court 4 days after the hearing.

 

Two weeks after the hearing I got a letter from Cope's stating that they had already received a judgement against me and that they were going to seek an attachment of earnings order:eek: OMG I panicked thinking that perhaps something had happened that I didn't know about, bearing in mind that they had made a request for summary judgement without informing me so it was quite possible that they had done something else!

 

Sorry forgot to add a comment from the judge, he said that he felt that there were websites out there that were offering advice and that he implied that people like me would be better off not getting advice from such sites and that I knew what it was all about!

 

I will leave it there for a bit and continue with the saga later

Edited by mighty-midget
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I look forward to the saga continuing!!

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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