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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
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    • 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
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Bought a car with outstanding finance (HP) what are my rights?


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good afternoon.

 

I recently bought a car froma private seller only to find out (after I handed over cash for it and sent of the V5) that it has outstanding finance on it.

 

I've read all sorts of scare stories of similair scenarios and people having their car repossesed from the finance company because the original purchaser didn't keep up repayments or whatever.

 

I cant sleep at night now for worry... :Cry: I'm scared the car is going to be taken away and I'll be left without the car AND the cash I paid for it.

 

Please can anyone help:?

 

kind regards

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Hiya Suzanne

I have found this piece of info from the trading standards web site ...

Private sales

There are some situations where your legal rights will be reduced.

The general rule is ‘let the buyer beware’ when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle. You are still entitled, however, to expect the car to be ‘as described’. If the advertisement says ‘2000 Ford Focus’ or ‘excellent condition’ then it should be exactly that. It is important to remember that it may be much more difficult for you to enforce your rights against a private individual.

Whether you buy privately or from a motor trader, you are entitled to expect that the car is roadworthy when you buy it, unless you and the seller clearly agree it is to be sold as scrap. You should take note that a car sold with an MOT Certificate does not necessarily mean that it is roadworthy.

You are also entitled to expect the seller to have ‘good title’ to the car. In other words, to be the owner or authorised by the owner to sell it. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try and get your money back from the seller.

The Consumer Credit Act 1974 gives ‘good title’ to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous, unpaid hire-purchase agreement. This means that the finance company is not entitled to repossess the car from you. Remember, this does not apply to cars which have been stolen, or cars that were subject to a lease or hire agreement.

It is worth noting that some motor traders pretend to be private sellers to avoid their legal obligations to consumers. If you come across a situation like this, contact Consumer Direct on 08454 040506.

The link is ... Trading Standards Central - Trading Standards and Consumer Protection information for the UK

I would get in touch with Trading standards and maybe citizens advice they will let you know your best course of action from here.

Hope this helps.

NS :)

:(:confused:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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Hi nufsaid

 

Many thanks for the informative reply. The consumer credit act which you outlined in blue at least does give me some slight peace of mind.

 

The car has MOT, the vin's match up and I have the handbook and such so it is just the outstanding HP which worrys me.

 

I've read storys of similars where innocent purchasers like myself have come out to find the vehicle in question being loaded up onto a lorry. I was really starting to panic.

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I really would get in touch with trading standards they will best advise you of your rights and send info to help, then you do at least have ammo. should anyone turn up for the car, have you registered yourself as the keeper / had the v5 back?

As long as it is not a lease or hire car I think your ok it's the seller which is in trouble.

 

Good luck

NS X

:(:confused:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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The only issue with the trading standards is they can tell you what the law states, however they cannot act for you and they will only tell you the outcome of the investigation if there is one, which as a private seller there will not be.

 

I cannot see a way out of this as the car belongs to someone else, i.e. the finance company, who will want it back.

 

Depending on how much is still owed on the car you could suggest to the finance company to pay the difference ? Not a great solution as you would have to pay more money, but it may be cheaper than having to buy a car of similar quality.

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You never know perhaps the 'seller' has paid all outstanding finance after he sold the car to you. It just didn't show up in time at DVLA. Why don't you ask DVLA again or maybe even the seller? You just never know.

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  • 1 year later...

In my experience "good title" stands for nothing.

 

I found the car i wanted to buy 9/9/08.

Paid for hpi check 10/9/08.

collected and paid cash for the car (3k) 12/9/08.

 

Roll on june 2009. The car was taken from outside my house by repossession agents acting on behalf of 'logbook' loans. I try to dispute what they are saying. They show me a letter clearly stating that THEY ARE THE LEGAL OWNERS OF THE VEHICLE. I hpi check the car again. It clearly states outstanding finance;logbook loans.

 

The man who sold me the car had used the car as security for a 6k loan on 11/9/08- ie the day before i collected the car.

 

I came to an agreement with logbook loans to buy back the car from them for 1500. They give me a receipt to say they have no further interest in the vehicle.

 

Tonight I have had a phone call from 'welcome finance' saying that they have tracked me down as the current owner of the vehicle. There is outstanding finance on it from an agreement dated 24/9/08.

 

I cannot believe it, i will have to sleep in the car to make sure they dont take it again.

 

i am desperate for any legal knowledge if anyone could help

xx

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  • 2 years later...

I know of a dirty crok that has sold a car on inance, welcome finance now know about it and so does the new owner, I hope that she gets a visit from the police, the book thrown at her and is ordered to pay the loan back to welcome

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If you have purchased the car at a price which is way below the market value then you may have a problem showing that you are an innocent private purchaser, as the assumption will be that you must have known it was too good to be true.

If I have been of any help, please click on my star and let me know, thank you.

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  • 6 years later...

thread is +5trs old now closed

last post removed.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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