CI: mutuality is dead - long live unjust enrichment

[beetlejuice]

So in any upcoming PRELIMS do we mention CI but not why we are claiming it or do not mention at all - I have several prelims to go out and one POC due to go out against Abbey which I have claimed CI from beginning they have not made and offer and to date have claimed all charges are fair etc etc....

 

 

 

?????

 

 

 

BJ

 

[Celicaman]

Just had a lay person read through the Sampra metals v inland rev and as much as so much of it goes over my head, ( a lot of the law stuff just melds into a different language to me) but there is a lot that doesn't, and IMHO the parts i understood sound good for CI claims. Got a basic idea of how it would work in a claim, and tie in with getting over the 6 year limitations as well, but will let those that actually do know what it all means to put it on here, but it sounds promising to me.

 

Dont ask me any questions on it, im still trying to work it round my head.

 

Just dusting off the printer now

 

CM

[steven4064]

See this post by brechiner http://www.consumeractiongroup.co.uk/forum/show-post/post-1019754.html

[overflow]

JHi All

 

That will take the wind out of a lot of sails.

 

I think we were all getting our hopes up again. Im gonna read through Sempra again cause thats not what I though it was even in my small mind I wasstarting to get escited at the prospect of perhaps going for

contractuall again,

[brechiner]

Sorry I couldn't bring good news. The District Judges desparately want a case to transfer to the Central London Mercantile Court but even then the banks will abuse the process unless you are incredibly lucky and the miss the case and you get a default judgment.

[brechiner]

It also means that anyone going after Credit Card/PPI companies can prove unjust enrichment because of the OFT ruling.

[overflow]

Just read one and In Defence of all people on here all ive ever recieved is damn good advice. The mods and site helpers can do nothing but good in my eyes:mad:

[nicklea]

It also means that anyone going after Credit Card/PPI companies can prove unjust enrichment because of the OFT ruling.

 

This would be very useful to put into the General Debt section as well. Anyone who is being pursued by a CC company, or who (like myself) is counterclaiming against them would find this useful as well.

[Fred_Funk]

For a credit card, you only claim it if for some reason your 'CI' calculation stops short in time - in our case because the card account was closed - we claimed CI up until that point and s69 thereafter. If the card account is still open, claim the CI up to the point of judgement because that is what they have charged and continue to charge you.

 

Apologies for reviving a very old thread but I was curious about what steven4064 says above and wondered whether he and everyone else agrees it is still the case, given the basis for claiming CI has now changed to Sempra.

 

I'm pursuing a claim against Barclaycard for charges taken between September 1995 and August 2000. The unlawful charges amount to just £170 but adding compound interest 'as an equitable remedy to Barclaycard having, contrary to common law, profited from unjust enrichment as a result of these charges' takes the claim to over £1,000.

 

The thing is, the account was closed some time ago which, assuming the above still holds true, means I should claim s69 interest (as opposed to CI) from that point onwards.

 

However, I was wondering if it was possible that now we're claiming CI on the basis of Sempra, and the bank's unjust enrichment, we could argue that Barclaycard has continued to unjustly enrich itself up until it settles this claim - having had the benefit of my money for the duration - and, therefore, CI remains applicable throughout.

 

Thoughts please?!

[steven4064]

Hi Fred

 

Simple answer is yes. I have just completed a claim against Goldfish where I reclaimed charges and interest thereon plus CI on both up to the point of payment oin the basis of Sempra. Got the lot (and court costs of course)

[Rhia]

subbing

[steven4064]

Rhia

 

No one has posted on this thread for 18 months

[Rhia]

I know but want to bookmark it for reference see my new post.