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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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Abandoned... Nightmare package from OnTheBeach, what can I do?


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Hi All,

 

Im typing this still very annoyed...

 

Booked a last minute deal (after saving all year) with OnTheBeach, they told me it was a 5* All Inclusive family friendly resort in Turkey. I booked all services from OnTheBeach directly and they kindly re-assured me on phone it was a package holiday and would be protected!

They booked as the package:

1. Flights with Holidays4U.com

2. Transfers to resort with Transfers4u (part of above company)

3. Hotel appeared to booked through OnHolidayGroup (thats who got pulled into com

 

The hotel element was also not bargin basement either it was on the day mid-high priced resort (Whole package cost me £1400)

 

The day before going I found a single thread on Trip Advisior discussing the place, how it was not for english speaking people as staff had little grasp of english, apart from the manager who was about average speaking, food was poor, and resort left a lot to be desired more like 2* not 5* ( http://www.onthebeach.co.uk/popups/hotels/38865?result_id=100207445610002 ) ... I instantly contacted OnTheBeach, they stated these things where unregulated, they never had any complaints about the resort, and if I had any get in touch!

 

I thought I would trust them and went to it.

 

I arrived at resort 7am next day, buffet breakfast not until 8am so checked in and walked around. From our quick walk, we seen all facilies for kids and it wasnt good

Mini-golf - was made of concrete and metal (metal rusted, ripped, standing approx 1ft high) and holes where full of weeds

Basketball court was down very steep steps no rails with cables hanging from walls

Pool fixtures (tiles, wooden walkways, bridges etc) badly damaged in big sections, dangerous for kids.

Table tennis table inaccessible as wooden steps broken

Pool toilets out of bounds with wasp/hornet nests, broken tiles etc, cables hanging in toilets

Kids park (couple of small old frames) bad condition and broken

Bars in poor condition

Room, Bathroom smelly, not enough bedding, bathroom sink leaking, holes with exposed light cables easy reach

Mains box exposed outside door easy reach

Rubbish laying around

Dump out back

Food poor

Staff didn't speak much English

 

So I followed procedure and spoke to manager, then spoke to rep. from OHG (OnHolidayGroup), then phoned UK and spoke to OTB (OnTheBeach), they tried a have quick look for other places to transfer me and sort us out after I told them I was mis-sold package holiday (and they also started telling me it wasnt a package!!?)

My understanding would be though surely as they booked the 3 elements under one order, then surely they provided me with a package??

but after 4hrs and £90.00 of mobile credit they offered to transfer me to another 5* AI (All Inclusive) for extra £1000 p/w money I didnt have... I managed to get extra money from family and phoned back at 4pm to OTB guy was dealing with when home early and no-one would touch the case, essentially telling me try again tomorrow... At this stage kids hadn't eatten in 24hrs nor wife who was diabetic (breakfast was lettuce and museali and tomatoes and stale bread etc). Everyone want to go home, and as I really couldnt have stayed there and no-one seemed to care enough, I worked a plan to get back to Belfast

 

Book own alternative hotel for night £300.00

Paid for taxi to get there £90.00

Paid for tickets to manchester £300.00 for next night

Paid for taxi from 2nd hotel to airport £40

Landed in manchester to book flights to belfast, could only get flights from Liverpool £300.00

Taxi between Manchester and liverpool £65 (time was limited)

 

I am so annoyed! with OTB + OHG + Holiday Leisure Club (Kudasdai, Turkey)

 

I want to recover as much as possible, and cause them as much pain :| ... They ruined holiday and put us through 3 days of hell!

 

What can I do?

Who do I approach?

 

My first thoughts where start to bring OTB to county court for max possible?

 

Any ideas would be greatly appreciated!!

 

 

Now for my first sleep in 48hrs :)

 

Karl

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Hi cin

 

I would write a Formal Letter of Complaintto OnTheBeach, send it to the Managing Director, highlight all the bad conditions you've found, enclose any pictures you have, make copies for the court at a later date. Tell them exaclty how much compensation you want, make sure you give them a realistic breakdown. This will be a Letter Before Action. Send it Recorded. If you Google LBA you'll find plenty of examples.Lets see what they say?

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Courts look favorably on people trying as much as they can to resolve things before going to court. Be assertive, tell them what you will consider suitable, and anything less will be unsuitable. Ask them to respond in writing only (as if yo udo end up in court, having something in black and white them refusing what you consider reasonable, the judge will be able to make a descision)

 

Mail needs to be sent to their registered address :-

ON THE BEACH LIMITED

SPECTRUM HOUSE

TOWERS BUSINESS PARK, WILMSLOW

ROAD, DIDSBURY

MANCHESTER

M20 2SE

 

and this is the address that you will need to use on court papers.

 

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

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  • 2 months later...

Hi All,

 

Looking for some advice from all you great minds about my next steps here

 

 

28/05/2011 - FORMAL LETTER OF COMPLAINT

22/07/2011 - LETTER BEFORE ACTION

 

Finally got a reply from OnTheBeach 12 Aug saying they acted as the middle guy to pass on my complaint to the Principal Supplier of the Hotel "On Holiday Group" and the supplier of the property has offered to refund my Hotel cost even thou the claims are apparently unwarrented. Thou as far as im concerned I bought the Holiday from OnTheBeach no matter what they call themselves I bought it from them they sold it to me as a package over the phone and bought flights/transfers and hotel through them and paid 1x price.

 

Im a bit confused here as what to do next. I was hoping for them to bargin at the least... But just the cost of the hotel is about £850GBP

 

The holiday cost me £1322.09

I also spend £1100 getting back from holiday

And was asking for additional £500.00 (for 4 people for loss of enjoyment)

They seem to be trying to avoid any responsibility and not responding according

Should I send them a Final warning? and move to ABTA arrabatration OR should I aim for small claims court? Worth nothing Im alos not in the UK for a few months atm

Karl

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  • 2 months later...

hi guys,

 

The holiday supplier via the company who sold the holiday refunded only the hotel element.

 

Im going after the rest but just a quick one am I right presuing the company that sold the holiday OR should i be presuing the supplier of the holiday?? The company that sold it advised this, is this a deflect attempt on their part since they sold it to me in first place??

 

 

thanks

 

karl

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if you check teletex holidays it says they are package holidays

but after you have booked and paid they tell you you will

have diferent paynents on your credit card bill

so at the time of booking it is a package holiday

 

Yesi totally agree they`ll do anything to hide behind the fact we`re not a pacakage holiday company even in my case the company I bought it of started telling me about holiday was atol protected over the phone and booked for and paid for it all as 1 transaction. I'm convince its a package holiday..

 

Just have those moments of doubt where you think, are they really just an online travel agent that happen to sell you 3 holiday items together in what looked like a package

Holiday or should you really be going after the actual supplier. I suppose its like buying a tv from agros and it breaks within a reasonabl period of time, why would you goto the manufacturer when you bought it from argos?

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send another letter before action, tell them what you think you are entiled to

between what you have got back and what it cost you if they dont come to

any agreement then

take them to the small claims court its time someone stood there ground

you bought from them you never had any contact with anyone else

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  • 1 year later...
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