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    • 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.  
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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
    • 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
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    • 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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Claiming back a DD via indemnity


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Hi

I have a small problem with a Direct Debit taken out of my account by British Gas for £340. The problem is that I recently switched my supplier to utility warehouse but on my previous statement Britsh Gas mixed up my meter with that of a neighbour & when i recieved my final bill it was nearly 1000 units over what it should have been (due to mixup) meaning my bill was £340. So I contacted British Gas to alert them with the new reading and inform them that it was due to wrong meter being read.

Now they said that they were unable to do anything about it until they recieved a new final reading from my new supplier (and I should inform them of the mixup dispite it being British Gases erroe) but agreed to put a stop on my account till this had been achieved. OK I though, not a problem. Now I came to my account and the money had been taken regardless so I went to the bank (Lloyds TSB) and had them submitt an indemnity request under the direct debit garentee which I was told would be back in my account my the end of that day ....4 days later and I have yet to recieve a penny.

When I went back into the branch I was told it was been investigated and would take 10 days!!!!! Now due to this stupid error I am now overdrawn and after informing my new company of the error and the correct reading it seems that BG actually owed me money. Can I force them to speed up this payment? Can I claim bank charges from BG for breaking our agreement and making me overdrawn? Legally where do I stand? and does anybody know why its being investigated (I was told under the DD mandate the bank would pay the money back then claim it from BG). I'm a little confused and well P*ssed to say the least not to mention out of pocket for the month and will have to trasfer money from my saving if this is not resolved soon. Any help would be greatly appreciated. If this is the wrong forum plaese move it.

Thanks in advance,

J.

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Call your bank and ask them why they have not refunded you the same day which is the duty that they have to do under the Direct Debit Guarantee Scheme regardless of how long it takes the bank to claim the funds back.

 

Direct Debit - your rights

 

The Direct Debit Guarantee

  • If the amounts to be paid or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed
  • If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid
  • You can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi

I have a small problem with a Direct Debit taken out of my account by British Gas for £340. The problem is that I recently switched my supplier to utility warehouse but on my previous statement Britsh Gas mixed up my meter with that of a neighbour & when i recieved my final bill it was nearly 1000 units over what it should have been (due to mixup) meaning my bill was £340. So I contacted British Gas to alert them with the new reading and inform them that it was due to wrong meter being read.

Now they said that they were unable to do anything about it until they recieved a new final reading from my new supplier (and I should inform them of the mixup dispite it being British Gases erroe) but agreed to put a stop on my account till this had been achieved. OK I though, not a problem. Now I came to my account and the money had been taken regardless so I went to the bank (Lloyds TSB) and had them submitt an indemnity request under the direct debit garentee which I was told would be back in my account my the end of that day ....4 days later and I have yet to recieve a penny.

When I went back into the branch I was told it was been investigated and would take 10 days!!!!! Now due to this stupid error I am now overdrawn and after informing my new company of the error and the correct reading it seems that BG actually owed me money. Can I force them to speed up this payment? Can I claim bank charges from BG for breaking our agreement and making me overdrawn? Legally where do I stand? and does anybody know why its being investigated (I was told under the DD mandate the bank would pay the money back then claim it from BG). I'm a little confused and well P*ssed to say the least not to mention out of pocket for the month and will have to trasfer money from my saving if this is not resolved soon. Any help would be greatly appreciated. If this is the wrong forum plaese move it.

Thanks in advance,

J.

 

 

Maybe the payment of £340.00 was in the BACS process and therefore the company is unable to cancel that as it is then the customers responsibilty to withdrawn from their end. If it had been me that dealt with your query, I would have advised you of this but hey ho I cant speak for everyone!! Or Id have asked if you wanted to cancel if it wasnt in this process.

 

Anyway, indemnity claims should be refunded immiediately and Id get onto the bank like the first respondant advised.

 

Im not great with financial sides of things but good luck in sorting it out

ARGH COMPLAINTS!!!

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