Jump to content


  • Tweets

  • Posts

    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

1st Credit Stat Demand for debt not due**WON+COSTS+BAILIFFS**


MrCollio
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5635 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I hope someone can help me.

 

I have received a stat demand from 1st credit for £4700.

 

It is claimed for CitiFinancial who I assume are Citi Bank.

 

I have no idea what this is for.

 

I have sent a CCA with £1 in August with proof of postage and no response. I have since sent another one Special D.

 

They have previously threatened to take the house. They have also offered a loan which I thought was illegal as they can not offer other credit.

 

I realise I have to get this thing set aside.

 

Can someone post a link to the forms to set it aside please?

Also any help filing them in would be greatly appreciated?

Which court would I take them to. I have read that only certain county courts will accept this. I live in South Buckinghamshire.

Link to post
Share on other sites

  • Replies 58
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Curlyben,

 

Thanks for your reply. However I have already read the sticky.

 

What I am after is a link to the forms to defend the Stat Demand.

 

Also advice on filling in it and where I should take it.

 

I have never done anything like this before.

 

If they were to go for bankruptcy I could not pay as I dont have the money. I do have a property with equity and am worried about loosing it.

Link to post
Share on other sites

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Hi thanks for all the help.

I am just preparing to fill out the stat demand defence form 6.5.

 

I am going to put down as the defence.

 

(1) Do not admit the debt because I have no knowledge of it. A CCA request was sent to 1st credit on August 27th. No reply was received.

 

Is this all I need to put.

 

Any help is appreciated.

Link to post
Share on other sites

I have used this (which came from another thread - many thanks to the author):

 

1 July 2007

 

I,

Apply for the statutory demand to be set aside as the creditor is aware the debt is in dispute, the creditor has failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor issued this statutory demand as an abuse of process intended to pressure me into paying the full amount of an alleged debt when such pressure is contrary to the OFT Debt Collection Guidelines.

 

The creditor has defaulted under section 78 of the Consumer Credit Act 1974 for failing to provide a copy of the alleged agreement on request within the prescribed period. The prescribed period as stated in SI 1983/1569 Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 is 12 working days. Under the provisions of s78 (6), the creditor is not entitled to enforce the alleged agreement while this default continues.

 

My request under s78 of the Consumer Credit Act 1974 was sent to Nasty Bank (UK) Limited for a copy of the alleged agreement on xx/xx/2007 This request was received and signed for on the xx/xx/ 2007. At this present date (xx/xx/ 2007), Nasty Bank (UK) Limited have had 153 working days to comply with the request made, and are therefore in default as stated above.

 

Further, I believe that the amount of £****.** referred to in the statutory demand includes a substantial sum of unlawful penalty charges. Nasty Bank (UK) Limited have not provided any information regarding the charges they have added to the alleged account.

 

Also, I have never received a legally valid default notice for the alleged account as required under the Consumer Credit Act 1974.

  • Haha 1
Link to post
Share on other sites

MrCollio your application to set aside is a little brief. I would adapt wotnot's post to your needs just to give the judge a bit more information.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I went to set the stat demand aside on Wednesday.

It looked like the court staff had not seen a stat demand before, Aylesbury court.

I did not get a receipt or any paperwork as acknowledgement.

Is this correct?

Also what happens now?

Link to post
Share on other sites

It's not uncommon for the court staff that you speak to to not be very familiar with SD's (90% of SD's are just issued as a threat by creditors). The court will now arrange a hearing where it will be decided whether the SD will be set aside.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I received an acknowledgement from the court today in the wrong name!

 

So I phoned them up. They put the guy from 1st credits name on my letter. However it has gone before a judge and she said letters had been sent to both parties regarding a court hearing date. I was told I would already have it.

 

However when I checked the post I now have a letter from 1st credit. They are now taking me to the County Court and then are going to apply for a charging order on the house.

 

What should I do now?

 

Please remember i have already CCA with no response and written a complaint letter with no response.

Link to post
Share on other sites

  • 2 months later...

You should send Ist Credit a letter before action asking for the money owed to be paid before a certain date - say 7 days after receipt.

 

Send the letter recorded delivery and add the costs to the bill. Don't worry about that because its exactly what they would do.

 

If the time limit expires and you hear nothing from them file a court claim against them. Its what they have threatened to do but haven't becuase they know they are barking up the wrong tree. From its serving they have 28 days to respond. They can either defend it - bit silly really bearing in mind this was an order by a court - or dispute part of it - just as silly as it would lead to a court hearing and the judge would not be best pleased - or pay it.

 

If they don't you can do all sorts of fun things like send in the bailiffs, or freeze their bank account until they pay up. All this costs money but in the end it will be 1st Credit who pays.

 

After you have received your cash report them to the Office of Fair Trading. tell the Westminster mandarins what happened and ask them if they believe 1st Credit are worthy of a consumer credit licence.

Link to post
Share on other sites

You don't need to go to court again. Judgement has already been passed. All you need to do is get a warrant of execution against 1st Credit, which costs another £35. This will be added to the outstanding balance of £40 and will allow the bailiffs to enforce the judgement. Her Majesty's Courts Service

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

You don't need to go to court again. Judgement has already been passed. All you need to do is get a warrant of execution against 1st Credit, which costs another £35. This will be added to the outstanding balance of £40 and will allow the bailiffs to enforce the judgement. Her Majesty's Courts Service

 

 

How good would this be. It would be worth every penny.

 

What a good story it would make as well!!

Link to post
Share on other sites

How about phoning them constantly and adding those costs to the bill? Demand an immediate electronic transfer into your bank account. Then wait and see if they send you a stop harassing us/in writing only please letter. Or am I being a bit unfair on the poor darlings?

 

Only joking, don't give them your bank details!!

 

Newborn

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

Link to post
Share on other sites

  • 5 weeks later...

I have given 1st Credit 14 days now and they have not responded so I will now issue county court proceedings against them.

 

On the claim do I simply put "Non Payment of awarded costs. Costs were awarded by Judge on 6th December 2007. It was further ordered that 1st credit should pay these by 20th december 2007."

Link to post
Share on other sites

I filled in an N323 warrant of execution and took it to the court.

 

The court refused it as the debt is under £50.

 

What should I do now.

 

These people caused me a lot of heartache and it seems they have got away with it.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...