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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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Safeloans sent CCJ Letter


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Hi Guys;

 

Last week, i received a Claim Form from Northampton County Court. Issue date is 5 Jan!!

 

So because 14 days already passed, i logged in and filled out the Acknowledgment of Service from to extend it for another 14 days.

 

However, i dont know what i need to do now! In October, i sent them an email making an offer of payment and i had not received no reply from them!

 

Im not running away, i want to pay the debt. But i need to pay it in instalments and avoid getting CCJ.

 

Can anyone please please suggest me what to do!

 

Many Thanks...

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Can anyone please help me on this matter? What do i need to do next? They didnt get back to me for the offer i made 3 months ago and now Claim Form arrived!

 

If i call them straight away and make an offer on phone, is there a chance they will accept it and cancel the claim?

 

Or if that doesnt work, what should i do?

 

Any help will be appreciated.

 

Many Thanks...

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Thank you for your respond didy. I am sorry i have fallen ill and couldnt get back to you. And now i have even lesser time to take some action!

 

I am desperate for help.

 

Particulars of claim on the claim for is as below:

 

The claimane agreed to lend to the Defendant under a fixed loan agreement dated 21 August 2009 the sum of £150. The defendant agreed to repay the loan off in full or an agreed date to extend the loan paing a further service charge. On 13.09.2009 the defendant failed to repay the Claimant's loan or extend and the Defendant is in default as set out in the terms of agreement. The claimant is also entitled to interest at the rate stated in the terms of the agteement and is payable on the amount outstanding if payment is not made on the repayment scheduled date. The Defendant has failed to make payment back to the claimant in accordance with the terms of the loan agreement. And the claimant claime:.. 1. The amount of £150 loan amoun... 2. Loan charges and interest of £104.88... 3. The Claimant total claim is £254.88.. 4. Costs... Date: 04 January 2011

 

Any help will be much appreciated. Many Thanks...

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Diddy, thank you very much for your time and effort, i really appreciate it.

 

Well i can offer £100 now, £100 next month and £50 in April but they havent even returned to my email which i was asking if they could accept an offer.

 

If i accept the debt and offer a payment, do i still get CCJ registered? I just dont want to get it. I am a student and £250 is a big amount for me and i cant really borrow from anyone as i know it will be very hard to pay them back.

 

What should i do?

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Diddy, thank you very much for your time and effort, i really appreciate it.

 

Well i can offer £100 now, £100 next month and £50 in April but they havent even returned to my email which i was asking if they could accept an offer.

 

If i accept the debt and offer a payment, do i still get CCJ registered? I just dont want to get it. I am a student and £250 is a big amount for me and i cant really borrow from anyone as i know it will be very hard to pay them back.

 

What should i do?

 

If they get a CCJ against you then you would have to pay it within 28 days in full for it not to appear on your file. Surely you could find some employ that would pay £250 in 4 weeks to clear it?

 

Other than that you could always submit an embarassed defence and demand to see the agreement.... by time it got to any hearing it would be after April anyway so you could pay them (allegedly) in full anyway, before the hearing.

 

I can't see anymore costs being awarded on a £250 (small) claim, although your agreement with them might let them charge you more late/arrears fees. They'd would probably have to take you to court again to get them though.

 

Time would be better spend making some money though LOL!

Edited by Ruprecht
added a before
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Diddy, I didnt make an actual offer back in October. I was just asking them if they could accept an offer. I asked them that i could clear the balance in instalments within few months but no response!

 

Ruprecht,thank you for your respond. It sounds allright to me , if i have to pay the balance within 28 days and receive no ccj. However, is there anything i need to do now? Do i have to send in the defence form? Do i need to defend myself?

 

And lets say i have not defended myself and court ordered me to pay the balance in full (within 28 days to avoid ccj registration), how long that would take in total together with the 28 days period?

 

Is there anything i should be doing right now?

 

Many thanks for your responses...

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Diddy, I didnt make an actual offer back in October. I was just asking them if they could accept an offer. I asked them that i could clear the balance in instalments within few months but no response!

 

Ruprecht,thank you for your respond. It sounds allright to me , if i have to pay the balance within 28 days and receive no ccj. However, is there anything i need to do now? Do i have to send in the defence form? Do i need to defend myself?

 

And lets say i have not defended myself and court ordered me to pay the balance in full (within 28 days to avoid ccj registration), how long that would take in total together with the 28 days period?

 

Is there anything i should be doing right now?

 

Many thanks for your responses...

 

If you do nothing they will almost certainly apply for a "default judgment".

 

You get 1 month then to pay it when the judgment is issued which is usually within a day or so if they ask for default judgment on moneyclaim.

 

You then need to get a receipt from the person you paid confirming it was paid within the month and send it with a completed form to the court, with a fee.

 

This is the leaflet about it:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex320_0406.pdf

 

If you admit to it you might get the judgment made earlier, so if you are happy to pay it in 28 days you might be best doing nothing.

 

Make sure you allow time for it to be cleared funds too just in case i.e. cheque clearance.

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Diddy, I didnt make an actual offer back in October. I was just asking them if they could accept an offer. I asked them that i could clear the balance in instalments within few months but no response!

 

Ruprecht,thank you for your respond. It sounds allright to me , if i have to pay the balance within 28 days and receive no ccj. However, is there anything i need to do now? Do i have to send in the defence form? Do i need to defend myself?

 

And lets say i have not defended myself and court ordered me to pay the balance in full (within 28 days to avoid ccj registration), how long that would take in total together with the 28 days period?

 

Is there anything i should be doing right now?

 

Many thanks for your responses...

 

dear sirs,

 

 

 

I am a student, my income is limited and without any admission of liability i am anxious not to have a ccj recorded against me, therefore i am prepared to make the following offer in order to settle the matter out of court with the help of a relative

 

i can pay £xxxx on £xxxx on and £xxxx on with the funds being provided by a third party

 

if the matter were t proceed through to a ccj then it is likely that what i could offer from my own pocket would be token payments

 

I am prepared to enter into a tomlin order if necessary

 

y F

 

 

(you must be sure that you CAN make the payments as stated otherwise they can go straight back to court for a judgement if you fail to comply)

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