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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • 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
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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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JSA is a joke...


tedted
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Wondering if someone can give me some advice...

 

I am currently a part time LLB student and became unemployed just before xmas - so I'm signing on,

but JSA money hasn't started to come through yet for various reasons relating to my student status.

 

Before I was a p/t time student I was a full time student and had a student overdraft

- which is now a graduate account and my main banking account with Lloyds TSB.

 

About a year ago I got myself a mobile phone contract and because I have not been able to afford to pay it my overdraft has been mounting up and is now £300 past what is allowed.

 

for the past few weeks I have been getting phone calls from Lloyds (01273743574) everyday demanding the £300 back.

 

At one point one guy said they were going to give me a month to wait for the jobseekers money to come through,

then the next day it was like nothing happened and they were demanding the money again.. :???:

 

It feels rather invasive and like harassment having them bothering me all the time when I have clearly explained my situation,

that I cannot afford to pay until I get a job; or at least until the job centre pulls their finger out. :|

 

Does anyone have any suggestions as to how to get lloyds off my back until such a time as when I can pay them?

I.e. when the job centre comes through or when I get a job..

 

Erm don't know whether it's relevant or not, but I lost my job due to having epileptic problems, which are now fine.

 

Thanks.

Edited by tedted

NSNO

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I am a part time student and I am unemployed, so am signing on. In my first meeting at the jobcentre I was advised to apply for Contribution Based JSA, as I had just left my previous job - but after almost two months of waiting to be paid they sent me a letter saying that I don't have enough NI contributions etc etc (I think this is because I had just done a full time degree and for the three years prior I was just doing temp work).

 

Immediately after I got the letter, which was about three weeks ago, I arranged an appointment at the jobcentre to fill in a JSA3 form. I was advised to date it from the day that I first applied to sign on, a few months prior. The lady at the jobcentre checked through it and then sent it off. I received a phone call the next day saying that it had arrived at it's destination.

 

I telephoned the jobcentre yesterday to find out what's taking so long and they phoned me back today saying they are having trouble locating the JSA3 form which I filled in. They explained that they don't know exactly when I will be getting JSA through. It was suggested that I get a crisis loan - which I understand is money that I have to pay back to them. Why would I want to get a loan off them when they owe me over 3 months of JSA, their logic is bizarre.

 

To add to all of this, I have got myself in debt spending money that I haven't got. I wouldn't have got into debt if the JSA was coming through regularly. My bank is requesting that I pay all of the money back now - which I cant. My mobile phone has been cut off - Orange have been a tad more lenient and today agreed to give me a week to pay.

 

It feels like they are taking the p*ss, it also feels like an uphill struggle trying to get a job. I have had a couple of interviews which I have had to turn down because I couldn't afford to get to them.

 

As I understand it, the jobcentre don't deal with the payments - that is the job of the benefit delivery centre (or whatever it is called). Should I make a complaint to them, would that be the best course of action? If so, how? Can anyone think of anything else I can do to speed things up? I am completely clueless at the moment. Any advice will be appreciated, thanks.

 

For the people who like to stereotype - I am not the type of person that wants to live off benefits, I enjoy working. I am studying to become a solicitor.

Edited by tedted

NSNO

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I am a part time student and I am unemployed, so am signing on. The for various reasons (outlined in my last thread) the jobcentre are not paying me, and they don't know exactly when they can pay me. As a result of this I have accrued some debt by spending money that I haven't got.

 

I am overdrawn on my overdraft and am facing monthly charges, I am getting daily telephone calls from my bank asking for this to be rectified, which I cant do.

 

My mobile phone has been cut off, and I owe three months for that - they have given me a week to pay, despite me saying that I don't have an income and am awaiting JSA.

 

I also had a credit card and because I couldn't meet the minimum payments, the account was passed to a debt collection agency. They seemed pretty understanding a month ago when I said I dont have an income - my girlfriend agrreed to pay a one off payment of £10.

 

This will obviously to keep them at bay for long, so is there anyway to get these guys to stop charging me and wait until I have an income until I pay them? At the moment it seems as though everything I say is just being ignored. Any advice will be appreciated, thanks.

Edited by citizenB
formatted for easier reading

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I work for JCP in the customer service side of the business, in the office that I work in te form is handed by the customer and it is placed in the courier post to be sent to te benefit centre.

Once it hasleft the building either the same day as it was received or the following working day (dependingon the time of the day the form was handed in and the time that the courier is collected from the JCP) thee is no way of tracing that post.

We frequently come accross cases I'm afraid where we know that information and post has been sent but the benefit centre deny that it has been received yet other post in the saqme envelope was received!

If they are stating that they cannot locate the form all you will be able to do is to complete a duplicate form and at the same time you can write a letter of complaint requesting that consideration is given to repay any bank charges incurred are refunded. This will be considered once proof of charges are received but I cannot confirmif these cgarges would be reimbursed or not sorry as I am not a Decision Maker.

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I've not read your last thread but I suggest going to your local CAB or ring AdviceLine on 08444 111444. You need some help before you get buried.

Work for my local CAB but my views and advice are my own. Try AdviceGuide or Adviceline (08444 111 444) for CAB help ;)

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You could also ask jobcentre plus if you can apply for a loan from the social fund as you don't need to be in receipt of benefits to claim. You have to pay it back, but at least it will tide you over until you get sorted.

Gbarbm

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If you are studying to be a solicitor I would be very careful about getting into debt as it can affect your job prospects, get a crisis loan if you are entitled to it, dont use your mobile get a cheap pay as you go.

If I have been of any help, please click on my star and let me know, thank you.

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three threads merged

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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