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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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      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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Black Horse Car Finance Charges


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Hi, I had a car on finance with black horse that was recently voluntarily terminated. When I first phoned to enquire about doing this I was told there would be nothing to pay.

Now after the car has been sold they are saying I still owe them £200. I know its not a lot but its more the principal that is annoying me.

I've have asked for a full statement, which they have supplied. There were quite a few late payments, for which thay have added a £25 charge each time. Is there anything I can do about this? I was quite happy just to let the car go and let that be the end of it. There was no ppi so far as I can see and the account was not in arrears at the time of termination.

 

Thanks for any advice.

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Hi

 

You can claim those charges back...have a look at the notes in my signature about charges reclaims.

 

Who is the DCA....I would reckon they have been appointed to collect rather than having been assigned the debt. If they are just acting for BH then ignore them

 

ims

 

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Hi

 

You can claim those charges back...have a look at the notes in my signature about charges reclaims.

 

Who is the DCA....I would reckon they have been appointed to collect rather than having been assigned the debt. If they are just acting for BH then ignore them

 

ims

 

Thanks for the reply. The dca is Nationwide Collection Services, in Edinburgh, which seems a bit odd if BH are in cardiff. The letter states 'Your agreement with BH has been referred to us for collection...'

I can't actually see a signature on your post, probably just me being a bit thick

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  • 2 weeks later...

Thanks for all that.

I sent a letter last week asking for the charges to be refunded, and stated quite clearly that I do not believe the amount of the charge is fair in the actual cost to them for a late payment. I got back what I guess is a standard letter saying they don't uphold my complaint as the charges were for paying late and they are in the terms of the agreement, and I was welcome to take it up with the Ombudsman. No where in their letter do they attempt to justifiy or explain the amount of the charge.

What should my next move be?

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Hi

 

Ok so that was your preliminary letter so the next step is a 7 or 14 day lba....pretty much the same as your prelim but headed "Letter Before Action" and with a final paragraph that of they don't refund you then you will issue in court without further notice.

 

Make sure you do a spreadsheet of the amount you are claiming and attach it to the letter...here is the relevant sheet

 

CISheet v101.xls

 

Having read up on the interest tutorial you need to decide what interest you are going to apply

 

ims

 

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  • 2 weeks later...

OK, got a letter back offering to refund me £175, which considering the full total is over £600, I find pretty insulting.

What do I do next? Is it worth sending them a counter offer of about £400 to settle? Or should I write back to them at all and just issue court papers?

Thanks again for the advice already recieved.

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Hi

 

OK thanks

 

So the next step would be issue in court if you want to get all of the charges and interest back.

 

If you haven't already done so, I would start reading up on court claims to get these charges back

 

ims

 

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  • 5 months later...

I am experiencing a similar problem. I see now why my account has gone from BH to Nationwide and now BH again. They are chasing me for £5000 , which is just interest and charges. The vehicle, a motorhome was repossed within the first two years of the ten year loan ( which is now), I have paid the cost of the vehicle plus interest and yet they still want this £5k I am retired now, and my partner has made me realise what a disgrace the whole agreement is, but I just want to end it now. I am retired and feel they have had enough out of a debt that wasn t really mine in the first place.

The Financial Ombudsman could n t help, although sympathetic they said it was unregulated, CAB managed to get them to freeze some charges, ( that later crept back) and solicitors just don t want to know. So reading here to see what course of action I can take to end it all and live in peace of their phone and letter messages. They threaten my credit rating and extra charges, but its not listed on my credit profile, and they admit that since the repossession they do not record anything.

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