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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
    • Thanks Andy Your right, it is nonsense!    At the directions hearing would I be able to ask to have it struck out?  She missed the last deadline and made no effort to contact the court. Surely he can't give her another chance, its madness.  
    • 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].
    • My question is can anyone help me find out an e-mail address for Barclays Bank UK?
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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
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Halifax Help Needed!


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Hello all,excellent site and hoping someone can help.Back in 2001 i split from my partner and a close family member was murdered,long story short i went right off the rails on drink and drugs and did a runner from everything,my house/debts included.

I tried explaining i was suffering depression but halifax didnt want to know and after i lost my job that was it i left.

I know the house was subsequently repossesed and sold at auction and never heard anything else until now.

Ive received a letter saying i owe them £15000 shortfall.They will accept £5000 lump sum or £50 per month until £8000 is paid.

Ive read that as a member of the fso? that after 6 six years they wont pursue these debts but here they are asking for it.

What do i do next?Ive sorted my life out now but have very little money to spare and my new partner is worried sick

Can anyone help

Thanks

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XBOX,

 

I would have thought that this is subject to limitation (6yrs).

 

Most importantly you need to get good advice quickly before you acknowledge anything in writing. Try you Citizens Advice Bureau. Try the Debt or Litigation section on the forums there are a lot of knowledgeable people there.

 

Once you have good advice and know where you stand, as its over 6 yrs old, I would start requesting documentary proof by Subject access Request etc, as they may no longer have any of the required documents to prove their case.

 

Good luck:-)

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When was the house subsequently repossessed and sold ?? Was that in 2001 also? I'm just wondering that if it was later, say 2003, then they may just be in time. Also, was the house in joint names and did your partner make any payments whilst you went away?

 

If not, then I would say that it is statute barred if 6 years have passed. Doesn't stop them from trying it on though!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Well im guessing the house was sold in 2001 my step brother told me it was sold at auction not sure how much for but when i moved to london 2002 it was defo sold then.No payments were made by me since start of 2001 and i was sole owner.Think they're just trying it on and i should ignore them?

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Well im guessing the house was sold in 2001 my step brother told me it was sold at auction not sure how much for but when i moved to london 2002 it was defo sold then.No payments were made by me since start of 2001 and i was sole owner.Think they're just trying it on and i should ignore them?

 

If it were me, then yes! I'm not a lawyer but I'm not aware of any specific legislation relating to property that might extend the period beyond 6 years.

 

What you have to remember is that statute barred means that they can't enforce the debt in court. However, there is nothing to stop them asking you for the money!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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