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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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NDR Money Debt from Very and Littlewoods


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Hi all,

 

New to the forum but requiring some help urgently.

 

Ok, me and my partner decided to move in together (approx April/May 2010) as we found out she was pregnant. All my bills started to fall behind as our wages weren't enough to keep a household going, look after her 2 year old daughter, pay rent, buy baby clothes for when the new baby comes, pay utility bills etc.

 

I had £1000 coming in and £700 going out just on rent and Council Tax - to give you an idea of how tight things became. My girlfriend only worked 16 hours a week but the wage wasn't great.

 

Anyway, on Christmas Eve i had 2 letters turn up from NDR Money debt collectors. One amount for £1100 from Littlewoods and the other amount of £700 from Very.

 

Unfortunately i have no way of paying the debt unless it is around probably £2 a week - which they'd laugh at. Money is far too tight, even more so now my partner has gone on to maternity leave.

 

I did ring Littlewoods and Very in the summer of 2010 and ask for a payment plan, they accepted. Littlewoods reduced my payments from £110 to £82 every 21 days. That was just a kick in the teeth. I paid it the first couple of months but gave up after that due to finances and now i'm in the position i'm in.

 

What's my best plan now? If possible, a list of things to do would be great along with copies of any letters i need to send.

 

I started my own thread after reading lots of posts about what to do in other people's cases but really wanted to get things right and sorted for the new year and for when our baby is here.

 

Any help would be mega appreciated.

 

PS. Don't bother giving me the old lecture on how i should pay the debt as it's mine and i shouldn't have got into the debt in the first place and this, that and the other because believe me, i've been doing it for the last few months of 2010 and it's not got me anywhere! Sorry for the massive post.

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Hi lessen

 

Happy New Year and welcome to CAG

 

No one is here to judge you, all be it for different reasons we're all in the same boat

 

Here's a link to the CAB I & E form . .

 

http://www.adviceguide.org.uk/d_budget_sheet.pdf

 

Fill it in and get a good idea of exactly where you stand and if it comes down to the fact that without leaving yourselves in financial hardship you can only offer very small token payments there really is bugga all a the DCA's can do

 

DCA's love to huff/puff and threaten but that's about it and if you've offered and make payments based on your circumstances should they get greedy and go to Court (long way off yet) the Judge will not take their actions too kindly

 

Get the figure work done and go from there BUT do not talk to them over the phone do everything in writing as that way they can't go back on agreements made, there's a great letter that some of the really experienced caggers know of re working out how much you can aford and I'm pretty sure that someone post it for you

 

You're in charge not them

 

Regards and good luck

 

R

 

ps . . I'm of the "Do not" send anyone your I & E club but as in any discussion others disagree . . it's up to you to decide

Edited by Revenant
  • Haha 2

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi all,

 

PS. Don't bother giving me the old lecture on how i should pay the debt as it's mine and i shouldn't have got into the debt in the first place and this, that and the other because believe me, i've been doing it for the last few months of 2010 and it's not got me anywhere! Sorry for the massive post.

 

In all my years on this forum I've yet to see anyone other than the odd DCA troll who soon gets found out state the comments above.

 

People get into debt through various reasons and nobody should be judged, the fact you have mentioned repaying it shows you are not trying to wriggle out of anything or get a free ride so to speak.

 

Right onto the serious stuff.... you really do need to do a proper I&E so you can see exactly how much money you will have at the end of the month. Your creditors can whinge/moan and basically write letters/phone but if you aint got the money you cant pay it back...simples!

 

Ensure you are covering all your priority debts first and then we can look at what you can AFFORD to pay these people, not what they want I'm sure but tough on them, they have to take the bad with the good in this climate I'm afraid.

 

The downside of course is that your credit rating will take a massive hit for some time and you will get lots of post and phone calls but at the end of the day without taking you to court its all hot air.

 

The links in my signature detail how to deal with debt and this broadly follows the nationaldebt helpline's advice.

 

S.

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Thanks for both your quick replies.

 

I'll fill out the I&E sheet for my own reference but would it help for you to see it too?

 

I'm glad it's not a judgemental site as to be honest, i never meant to get into debt troubles but life changes in a flash.

 

Why wouldn't you do the I&E sheet?

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Thanks for both your quick replies.

 

You're welcome

 

I'll fill out the I&E sheet for my own reference but would it help for you to see it too?

 

Only a Court/Judge has a legal right to see your I & E so the general opinion is keep them to yourself and don't send them to a DCA

 

I'm glad it's not a judgemental site as to be honest, i never meant to get into debt troubles but life changes in a flash.

 

If the odd person preaches there's a good chance thet have some kind of vested interest in the Debt Collection Industry (A Troll) the average cagger has been there and either has or is coming out the other side

 

Why wouldn't you do the I&E sheet?

 

As above

 

 

Once you've worked things out if it means offering £1 so be it, you three are more important than those chasing you

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Even when these companies and I have good experience with NDR spouting threats they never carried out, a lot of threats, but they gave up when I politely insisted they except £1.00 a month and if you still insist on court, go for it. I have been reassured a judge will only take what can afford and do you think that will be more than £1.00 in my case.

 

They funny enough rather than take the £1.00 dropped the case back to original creditor and Ive not been stressed since. I recorded there calls so can prove I offered an ammount and it was them who left it. But you could with income and expenditure offer the 1.00 in writing and remind them they are not a priority debt so please accept and stop any interest that may be acruing if it is.

 

Dont be silly like I was and listen to their baseless threats on the phone as much as you say switch off from it, it does cause stress so best to always write.

 

Good luck.

Edited by watchinginvestigation2010
my terrible speling
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Thanks for both your quick replies.

 

I'll fill out the I&E sheet for my own reference but would it help for you to see it too?

 

I'm glad it's not a judgemental site as to be honest, i never meant to get into debt troubles but life changes in a flash.

 

Why wouldn't you do the I&E sheet?

 

If you read through the blog entries in my signature you'll see that an I&E CAN be a good weapon against a DCA but whatever you decide knowledge is power so to speak so read them and then understand what can be done.

 

S.

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I've just done the I&E sheet including mine and my partners details. We literally have £213 to live off once all bills are paid.

 

This doesn't include a monthly agreement with: Landlord (incorrect rent paid by housing benefit), Income Support (overpaid my girlfriend £700 3 years ago and want it back), Council Tax (couldn't pay it due to tax credits not being sorted for 8 weeks or more when i first moved in - my girlfriend wasn't receiving any benefits at this point and we couldn't afford to pay it even with our wages). All of which we are aware of but have agreed with each that we won't pay anything until we are back on top.

 

What is the best thing to do about NDR then? I've heard about 'unenforceable' debt with them.

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What is the best thing to do about NDR then? I've heard about 'unenforceable' debt with them.

 

Ok, imho the unenforceability angle has been put to bed by some recent rulings in the courts in so far as claimants are concerned, unless you suffered some real predujice by these technical breaches if they existed.

 

This is a self help site so people will assist but not spoon feed the answers, only you know your true situation and the consequences to yourself.

 

S.

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This doesn't include a monthly agreement with: Landlord (incorrect rent paid by housing benefit), Income Support (overpaid my girlfriend £700 3 years ago and want it back), Council Tax (couldn't pay it due to tax credits not being sorted for 8 weeks or more when i first moved in - my girlfriend wasn't receiving any benefits at this point and we couldn't afford to pay it even with our wages). All of which we are aware of but have agreed with each that we won't pay anything until we are back on top.

 

These are priority debts and should be included in your I&E, if you are to repay NDR then these need to be taken into account prior to paying NDR anything imo. Do you have solid agreements in place with these creditors to hold off payments for a set time or is it an informal arrangement?

 

S.

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To find out if enforceable you need to request a true copy of the credit agreements and enclose a £1.00 postal order. If you go to the template section of the site you will find the cca request template. I am terrible at links so another poster might post it up later, but they have to reply within certain time.

 

Age of account when catalogue matters as well as a lot of the older accounts didnt have the credit agreements done properly and therefore unenforceable, again read the links related to the shadow, will help you.

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