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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
    • 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
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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.
      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mackenzie Hall Solicitors


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Hi,

Early last year I got into a bit of trouble and found myself taking out a payday loan with quick quid (stupid i know but thats a different story) anyway i then lost my job and told them that i couldnt afford to pay it back in full but now that i had a new job i wanted to pay off each month. They kept refusing and now yesterday I recieved a letter from Mackenzie Hall basically saying pay all in 7 days or else. I called them today to sort it out because I live with my mum and dad and obviously dont want epopel turning up on the door etc...The very rude scottish dude told me that unless i pay in full which is £742.75 within the next 7 days they will apply to take stuff form my mum and dads house, take me court etc etc, i really tried my hardest and offered to pay £100 per month which i think is quite reasonable, I have had experience with other debt collection agencys all of which have accepted monthly payments but these dont seem to be budging and I dont know what to do as they said I need to pay £150 today and then the rest at the end of the month to clear it...I really cannot afford to do this and all he said was "with all due respect its not my problem that you cant afford it im just telling you the situation and what will happen if you do not pay, this is the best i can offer you, i suggest you find some way of raising the funds"

What can I do? I really just want to pay each month there is no way i can afford what he is saying.

Any help appreciated

Thanks

x

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Report them STRAIGHT AWAY to TS and the OFT! This bunch of numpties are under scrutiny of the OFT at the moment and they've clearly breached a number of OFT guidlines and the CPUTR 2008.

 

Do you have a recording of the call? If they call again try and record, if you can't say 'everythng in writing only' and hang up ;)

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No unfortunetly I don't have a recording of the call. I am scared now to be honest, he said if I don't call back and pay the £150 holding fee by 7 tonight he will start doorstep proceedings. I just don't want them turning up at my mum and dad's to take stuff can they do this? Also he said something about applying to take it out my wages? No they never said solicitors they said "debt recovery and trace consultants" he said if i don't pay then it will be passed to "legal team"

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Something not many people know about. YOU tell them what you are going to pay, not the other way round. If they don't like it, let them take you to court and let a judge decide. Chances are he/she will make you pay much less than Muck Hall are demanding. These fools are powerless numpties and use threats of "may", "could" and nothing definite in their letters.

 

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They are not allowed to make threats like this - this is completely against the OFT's guidelines...If you are going to speak to them again you MUST record the calls....Did you ever receive a default notice ? Did you take the loan out online ? Was there any Protection Insurance on the loan ? Any other penalty charges ?

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Hi Sue,

Agree with Babybear. They are seriously out of order.

First off, stop worrying...they cannot come to the house and take anything. Only Bailliffs can do that, and even then only after a County Court Judgement has been obtained and even then only if you fail to keep up with repayments. The Court would only tell you to pay what you could afford..which would probably be much less than the payment you're offering.

From now on, as Babybear says, DO NOT SPEAK TO THEM ON THE PHONE. EVER. This is how they lie, cheat and terrify you into paying because there's no proof of what they say to you. If they ring again, refuse to go through security questions and tell them from now on everything must be in writing.

I'll look up some letters you can send them, unless anyone beats me to it! You'll get a lot of help and support to deal with these sharks on here..we hate bullies!!!!

Back soon, :)

Elsa x

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Thanks alot. I 'll definetly do this because he said if i have not called back with the £150 by 7 tonight he will call me! I just want to pay it off not sure why that is so hard! He said that a payment arrangment cannot be arranged because it's a defaulted account?! Strange seeing as I have managed to make monthly payments on other defaulted accounts! :confused:

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Do not pay a penny to this clown tonight whatsoever.

Report them to the OFT & trading standards immediately.

They are well out of order.

If he rings refuse to answer security question & insist everything must be in writing only.

Theres more chance of Lord Lucan turning up than anyone from these fools.

Just give him aload of abuse down the phone..he'll soon not ring back again ;)

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Lol thanks

I'll do that when he calls tonight. Thats the one thing I was worried about because nobody is at my house during the day, just my mum and she is disabled, just didnt want bullyboys turning up scaring the wits out of her! :mad:

I'm going to stand my ground on this one then, i'm not going to be bullied into skinting myself when I know that i am in the right x x

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At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!! :eek:

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At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!! :eek:

 

Nope, unless it's council tax and stuff like that, so don't worry ;)

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There is no such thing as a debtors prison nowadays so do not worry about that (as BB said).

 

Send Mucky Hall this letter if you want, and keep a copy by the door on the very, very slim chance someone does turn up:

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

 

As previously said, refuse to answer the security questions - if they continue pestering you, ask them to hold while you set up your telephone recording equipment ;)

 

Mucky Hall have recently been slapped by the OFT so you MUST report them as they will be reviewed in about 5 months now - the more complaints made about them since their slap, the better the chance of there is of these shysters losing their credit licence all together :D

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At the risk of sounding really stupid...I can't end up in prison for this can i? One of my friends said if i don't pay the full amount they will take me to court and then i'll go to prison?!! :eek:

 

With friends like that you dont need enemies :rolleyes:

Muck Hall have obviously scared you witless by the sounds of all this, like everyone has said..you have nothing to worry about with them.

They have no legal powers to money off you whatsoever - only a county court does.

So tell the clown who rings tonight to bog off or else you will also report him to the police (not 999) as well as the likes of the OFT,trading standards etc...

He is simply trying to get money off you by threats, which there are laws against in this country last time i looked?

Do not answer any security questions & do not confirm any personal details at all...

He will try to bully/intimidate you - refuse to give in to it.

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The threat monkeys have to hit their targets in a certain day, so will say anything to anyone in order to get them to pay up.

The sooner the licence gets taken away from these rogues the better :mad:

 

That's why we always say record the call if you answer it ;)

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That's why we always say record the call if you answer it ;)

 

Id love to record the calls BB but dont have recording equipment yet....as soon as my bank pays out to me AGAIN soon, i will invest in the technology :D

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