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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.  
    • 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
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Seems to favour the banks


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My complaint sat with FOS for 2 years. The issue was false accounting by barclays who failed to credit my mortgage with several thousand pounds in overpayments. Adjudicator was inept and useless. Failed to understand facts and simply relayed whatever barclays told him back to me- eventually it went to an ombudswoman who also failed to get her head around things.

 

Barclays consistently refused to provide answers and she got worn down so simply told me the bank had corrected my account and then closed the case.

 

I had no idea how [edited] this organisation is so i believed her. Once the case was closed, it emerged there were NO corrections made and FOS refuses to revisit the case "because it is closed".

 

i got the case files under a subject access request and it shows how month after month they email barclays and the bank simply failed to respond - FOS has no power to do anything.

 

Filed a complaint with the "iNDEpendent Assessor" who sits in the same building as FOS and really is part of FOS, appointed by FOS. But first she fobbed me off 3 times. Now tells me they don't investigate incompetence, just admin failures. OK!

 

Meanwhile my account remains incorrect 2.5 years on and there is nothing i can do about it.

Barclays says "it was dealt with by FOS" and refuses to discuss it.

 

In short - all these establishment organisations are as [edited] as each other, they collude and cover for each other. I should have known better. It is no wonder these banks behave the way they do - they are untouchable and they know it and there is not a thing you can do about it, little consumer.

Edited by honeybee13
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FOS are useless. Ignore documentary evidence provided by the consumer and believe everything financial institution says even though they provide no evidence or audit trail.

 

Can't you bring a fresh complaint rather than reopen the old one? If you've got evidence of the over payments and incorrect statements, what about a claim via small claims? How much are we talking about?

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Hi

 

It is not really in dispute - as I have audio recordings of barclays conceding the account remains incorrect 2.5 years on. This individual, whom i believe to be misleading (personal opinion based on evidence gathered) then made numerous contractual agreements with me, but then misled me repeatedly that he had implemented these when he had not. It's the fact they have a staff engaging in misconduct but you cannot report it that gets to me. He is in the complaints dept. So if i complain about his misconduct - it ends up on his desk! He already informed me he is dealing with another of my complaints. Anyhow I am now looking in to handing my evidential pack over to their anti corruption unit- although it has taken forever to actually establish that they have one!

 

I don't want to go via small claims as the fact is, barclays will have expensive barristers to throw at me and they will know all the tactics and legal games to play. Meanwhile - i still cannot make overpayments. That is my priority, i just want a competent manager to deal with the misconduct and correct my account, but apparently that is impossible.

 

I actually tried to post separate threads about this but they keep getting merged.

Edited by citizenB
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I took my complaint to the FOS about my bank Halifax lending me money I cannot pay back.

 

I heavily quoted parts of the lending code which the FOS ignored, quoted that Halifax had breached it own lending criteria, again FOS ignored.

 

The FOS had ignored the fact that I was in financial difficulty bearing in mind I was in an IVA had missed payments on the loan etc etc.

 

They sided with Halifax saying they did nothing wrong even though I am in debt to the tune of nearly £15K.

 

It is just a pity that there is nowhere to turn to to voice the fact the FOS are a complete shambles!!

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People suffering financial hardship become desperate and over extend themselves again. That's why there's guidelines in the Lending Code etcetera about irresponsible lending.

 

that's why I replied as I can comment from a bad experience with a certain bank, in which I nearly lost everything.

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I think the only way you will get resolution now it has been considered by the FOS is via the courts.

 

In a small claims case of £10k or under your exposure to the defendants costs would be minimal unless you litigated unreasonably and wasted court time and costs. The nature of these capped costs mean that they may not be as tough a nut to crack as you think they are, especially if you have the evidence you say you do.

 

People here can help with the process.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...
People suffering financial hardship become desperate and over extend themselves again. That's why there's guidelines in the Lending Code etcetera about irresponsible lending.

 

I heavily quoted certain parts of the Lending Code that Halifax had breached and yet the Ombudsman ignored the evidence I had submitted. I even went to lengths of contacting the Lending Standards Board about these issues, I never got a satisfactory response back either.

 

I dont see the point of having a Lending Code if banks breach it and complaints of breaching it are ignored.

 

I am just very angry my bank threw money at me left right and centre, putting me into debt, and then refusing to accept responsibility that they had lent money to someone who is unable to repay it.

 

Halifax are an appalling bank to say the least!!

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you borrowed the money yet you were not in a position to repay it??????

So what? Is this not the standard in the banking industry?

"Ask not what your country can do for you, ask what you can do for Poundland"

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