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    • 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
    • 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
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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Are Scott & Co Sheriff Officers ???


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hi there, ill try and keep this short and sweet.

i have been paying back money to scott and co for 2 years. i have not missed a payment of £50 per month since setting up an agreement. however i had changed bank acounts last month, and my direct debits were to change over automaticly, all of them did apart form scott and co.

they called my house and spoke with my flatmate. my flatmate then called me at work saying there was sherrif officers calling and i had to phone asap. i called them right away and realised the direct debit had not been switched over. i paid the money over the phone and appoligised and set up a new direct debit. After i had paid the money, my flatmate then phoned them back to ask if it was for council tax. the man then told him it was not for council tax but infact a student loan £4000 id had four years ago, that i was paying back £50 a month and the debt was down to £2500. (i couldnt afford to pay this untill i had a job after studying)

I was furious they would give out so much information!

i emailed them asking for a copy of their "code of confidentiality" and they have declined to do so, i have this in writing.

i have then emailed the sherrif office compaints people to compain, and they have said that Scott and Co are not sherrif officers and are only a debt collection agency, and cannot help me with this compaint.

where do i go from here?

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Hello and Welcome, rachelw.

 

 

I've started a new thread for you, I would have to say the Sheriff Officers complaints people seem to be wrong.

Scott & Co are Sheriff Officers & Messengers at Arms, they are also debt collectors and recover a number of different debts including Council Tax and Parking fines.

I'm going to have a look around for more info, I'll be back shortly.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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If you have a look at this link, they appear 3rd company down.................

 

http://www.smaso.org/dirdisplay.php?cid=9

 

You can make a complaint here.............

 

http://www.smaso.org/images/COMPLAINTS.pdf

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hello and Welcome, rachelw.

 

 

I've started a new thread for you, I would have to say the Sheriff Officers complaints people seem to be wrong.

Scott & Co are Sheriff Officers & Messengers at Arms, they are also debt collectors and recover a number of different debts including Council Tax and Parking fines.

I'm going to have a look around for more info, I'll be back shortly.

 

Regards.

 

Scott.

 

Thanks. I did go on Scott and co website and it says they are sheriff officers. X

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They are still out of order giving any details to third parties, seem to think they can do as they please.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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ANY IDEA WHAT I COULD DO? X

 

You could make a complaint to the Society of Messenger at Arms and Sheriff Officers, but it looks like they have no disciplinary powers over their members.

Those powers lie with the relevant Sheriff Principal or the Lord President, you can make a complaint to them directly, the society would give you the contact details.

Sheriff Officers are all bound to abide by their code of practice,( not that I've read it ).

 

I very much doubt much would come of it but there's no harm in trying, see what they say after looking at your complaint.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I would certainly make a complaint.

 

You can make a complaint at the local sheriffs office at your local sheriff court

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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The following information applies to all firms of sheriff officers who are enforcing and or collecting council tax or any other debt.

 

Sheriff officers carrying out debt enforcement (ie bank arrestment, earnings arrestment, attachment, etc) are subject to regulations laid down by the Scottish Government. Any complaints about sheriff officers practice should be submitted to the Sheriff Principal at the local sheriff court for the area in which you reside.

 

Sheriff officers must hold a Consumer Credit Licence when collecting debt, and they must adhere to the Office of Fair Trading debt collectionlink3.gif Guidance: http://www.oft.gov.uk/shared_oft/bus.../OFT664Rev.pdf

 

In general this guidance states that when collecting debt they have to treat debtors fairly; be transparent when dealing with debtors; exercise forebearance with debtors exercising difficulty; and act proportionately when recovering debts given the debtors circumstances.

 

Whether enforcing debt or collecting debt. sheriff oficers have to abide by data protection regulatiuons.

 

Rachelw221 you have grounds to make a complaint under the OFT Debt Collection Guidance. In the first instance make the complaint quoting this guidance. if this is not resolved to your satisfaction then you can complain to the Financial Ombudsmanlink3.gif Service who can investigate the complaints as debt collection comes under the Consumer Credit Licensing:

http://www.financial-ombudsman.org.u...complaints.htm

Edited by Joemcm35
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  • 7 months later...
hi there, ill try and keep this short and sweet.

i have been paying back money to scott and co for 2 years. i have not missed a payment of £50 per month since setting up an agreement. however i had changed bank acounts last month, and my direct debits were to change over automaticly, all of them did apart form scott and co.

they called my house and spoke with my flatmate. my flatmate then called me at work saying there was sherrif officers calling and i had to phone asap. i called them right away and realised the direct debit had not been switched over. i paid the money over the phone and appoligised and set up a new direct debit. After i had paid the money, my flatmate then phoned them back to ask if it was for council tax. the man then told him it was not for council tax but infact a student loan £4000 id had four years ago, that i was paying back £50 a month and the debt was down to £2500. (i couldnt afford to pay this untill i had a job after studying)

I was furious they would give out so much information!

i emailed them asking for a copy of their "code of confidentiality" and they have declined to do so, i have this in writing.

i have then emailed the sherrif office compaints people to compain, and they have said that Scott and Co are not sherrif officers and are only a debt collection agency, and cannot help me with this compaint.

where do i go from here?

 

you can look at www . smaso.org/ code of practice 2012 sorry i cant post a link here.

:-)

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