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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.  
    • 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
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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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AXA insurance (Homeserve)


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I purchased a leather three peice suite 2 years ago that developed a major fault just after 12 months. At the time of purchase I took out a 5 year warranty cover with AXA. I made a claim which they have tried to wriggle out of by claiming it is not covered, which it clearly is. I have followed all thier complaint procedures bar going to the omsbudsman. Does anybody know if it would speed up the process if I took the court instead?

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It would depend...

 

For it to go through the court, you would need independant reports advising that it is faulty, etc..

 

Going through the ombudsman AXA would have to do this.

 

Have they sent someone round to look at it??? If so, what does the report say is the cause of damage??

 

To find what you are up against, it might be best you obtaining an SAR to get the report

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We had an inspection from one of their guys who agreed with us and wrote down accordingly. However AXA are claiming he stated it was wear and tear. We have been in contact with the selling shop and spoke to the original salesman who also agree with us. Great idea about the SAR though, I hadn't thought of that. You said that if we went to the omsbudsman AXA would have to pay for a report. Do they get to choose who it is or do we get to approve it?

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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  • 3 years later...

Interesting!

 

We also (wife and I) bought a fairly expensive leather suite from a well known and up market store about a year or so ago.

 

Because of the leather finish, we included a 5 year repair/replacement warranty from Homeserve.

 

At the beginning of this year, we noticed a mark on one of the seats, and using the kit that was supplied to us, tried to remove it with no success.

 

An expert visited, and despite all his efforts, also failed to remove the stain.

Some weeks later, we received a letter from Homeserve saying that it was going to replace the seat unit (these are not removeable).

 

Months have passed, and just as we were going to call them for an update, we received a letter from them stating that the claim can now be resolved. Apparently, the 'manufacturer are no longer able to supply the replacement parts required to complete the claim'.

 

Homeserve are offering a cah settlement of £828 in lieu of repairs or replacement and that we would keep the goods in their present state. Oh, and the warranty will cease immediately and no further claims will be accepted.

 

At first glance we thought that maybe the offer was fair, but then after taking away the initial £300 that the warranty cost, and the fact that we have lost nearly 4 years of cover, is this such a good deal? Should I go back and hang out for more compensation? I am not greedy, but I also hate the idea of any insurance companies duping their customers out of correct cover/compensation. How did they come up with that figure?

 

Champy :confused:

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