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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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      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.

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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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Want to complain for Irresponsible lending - Need advice **WON**


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id personally given the adjudicator another bit of time - in my cases, I have had 3 cases where the adjudicator has changed their mind after deciding against me. There is no just way I cannot see you not winning this case though given the long term nature of the lending

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- in my cases, I have had 3 cases where the adjudicator has changed their mind after deciding against me.

how, with new evidence or going through things again, or...

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Hi guys,

 

The adjudicator is currently reassessing his decision... Hopefully my email hasn't upset him too much. I was very respectful and thanked him for his time looking at things so not to appear as though I was dismissive. I'm more than happy to wait and see what he says, I just hope the extra information I've given helps but if not I'll have to go to ombudsman... But I'll let you know before I do anything. I'm just hoping that he sees things from my perspective... I'm not trying to rip anyone off but to use the fact that I always paid on time as a reason to state that QQ didn't know I was financially struggling is a bit off side I think.

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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in one case, I submitted new/additional evidence (although I suspect this just gave them an excuse to right a decision they knew was wrong). In another case, I basically just kept asking the adjudicator to keep looking at points she appeared not to have missed or not referenced in the decision she made ( I believe she just took a lazy approach). I n the third case with Wonga, I got lucky as they did not adhere to the original adjudication decision in the agreed timescale which allowed me to argue that I only took a deal with them because they said they would settle quickly, when they didn't, I got the case re-opened

 

 

....this was in three cases out of around 11 I had lodged with FOS - the rest I all won....

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cheers for that info. well done on the wins.

keep at it then multay. dont worry about 'upsetting' the fos, they are supposed to be objective...! :)

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  • 3 weeks later...
  • 3 weeks later...

Hi Guys,

 

A small update.

 

The adjudicator did indeed change his mind and agreed with me. He knocked off a couple of the initial loans which I think is in line with current guidelines about no more than three rollovers.

So the amount he proposed to QQ was quite significant.

They have now come back again and made an offer - A very small one ignoring the proposal made by the adjudicator - Which I have rejected.

I've written to the adjudicator and explained my current financial situation and that I think QQ are simply attempting to employ delaying tactics in the hope that I give up out of desperation. They have ignored his findings even though I was prepared to compromise. I've asked what the next step is but think it will probably be the Ombudsman now, this has dragged on for 6 months with QQ delaying at every turn...

 

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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The adjudicator did indeed change his mind and agreed with me
good.

has qq formally rejected the adj decision?

 

if you agree with the adj decision, then you shldnt need to escalate it.

afaik, qq shld either accept the adj decision, or if not then escalate it themselves?

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good.

has qq formally rejected the adj decision?

 

if you agree with the adj decision, then you shldnt need to escalate it.

afaik, qq shld either accept the adj decision, or if not then escalate it themselves?

 

Hi, I don't totally agree with him. I think they should refund everything but the totals aren't massively different. I don't know if it's a formal rejection, more of an offer that suits them.

Adjudicator is putting the original offer to them again with a short reply period and if they still don't accept, it will go to the ombudsman.

 

Thanks

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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Adjudicator is putting the original offer to them again with a short reply period and if they still don't accept, it will go to the Ombudsmanlink3.gif.

ok. seems then that if qq then dont accept the adj decision, they will have to formally reject it and so escalate it to an ombuds.

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  • 1 month later...

Hi,

 

Quick update.

 

Adjudicator went back to them after I refused their second offer.

 

 

They then came back to me with a significant increase and an admission that

"some loans may have been irresponsibly lent".

 

 

It's nowhere close to the amount I think I'm entitled to so I rejected and it is now with the Ombudsman

- It's a big gamble on my part but I don't see why they should be allowed to flout the rules

and get away with it.

 

 

QQ have stalled, delayed and refused to provide info time and time again in the hope I will settle

but I'm sticking with it despite the distress this is causing me.

 

 

I'm hoping to get a decision this week and fingers crossed it will go in my favour,

if not I'm not sure what else I can do...

 

 

Thanks,

M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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  • 9 months later...

Update..

. it didn't go to the ombudsman in the end.

 

The adjudicator revised his proposal further and I got close to the amount I initially calculated.

 

A significant payout from them that more than covered the interest I paid but possibly not the 8% interest on top.

 

I was pretty happy with the outcome,

 

so give it a try and don't be put off by the hurdles..

 

. if they didn't try to profiteer in the first place,

there would nothing to claim back!!!

Thanks for your help everyone... M

:)** Any opinion expressed by me is given with the best intentions - But I could be wrong so bear that in mind**:)

Missed Call Checker - http://whocallsme.com/Phone-Calls.aspx/077/m

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good result then

glad to help

 

 

don't forget to help us help everyone too.

 

 

 

 

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