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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.
       
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      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.
       
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      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

dad bought camper, really tucked up - advice please


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Hi,

my dad has been tucked up I think.

 

He bought a rascal camper van (a little one) it was a PRIVATE SALE, from some little old lady who looked like butter wouldn't melt.

 

Anyway, she said and this is almost verbatim "this engine was a new engine build in 2007, and the car has only done about 400 miles since"

 

So, he handed over his cash and started driving around in his new toy, unfortunately he has been having problems

 

Got a mechanic in, who diagnosed the head gasket was gone, as well as the thermostat.

 

He has fitted a new head gasket, but now there is STILL water getting into the engine, so reckons the block has gone.

 

Also, he said looking at the radiator and other parts there was no way that this was a new engine in 2007.

 

Now I know this was a private sale, and I know my dad shouldn't have had his "rose tinted specs" on, but is there really anything he can do against what was a blatant lie?

 

thanks in advance, have been reading here for ages, but this is my first post.

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You should certainly make representations the seller about the fault and ask for your money back or contribution to the cost! your rights are limited as it is uo to the buyer to check and check again.

However if you have been mislead and the vehicle misrepresented, preferably in the add or in writing then you are entitled to your money back, and may have to take them to court. First course of action though is to contact the seller.

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The Sale of Goods Act does not apply in private sales, but your Dad does have protection from misrepresentation. If the seller told him the van had an engine rebuild in 2007 and this was untrue then that is a false statement of fact which has induced the contract.

 

More info on misrepresentation can be found here:

 

Misrepresentation

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  • 3 weeks later...

Don't you just hate it when someone with a question don't get back again after advice or requests for further information.

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