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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
    • 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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      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.

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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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Refund wonga irresponsible lending advice


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Hi all I have a question regarding irresponsible lending.

 

I had a massive amount of loans from 2011- 2014 with them. I tried getting my full my previous loans from the site however. I have checked my email account for all confirmed payment emails.

 

 

£294.51 on Fri Mar 25 2011

£338.64 on Fri Aug 26 2011

£186.17 on Tue Sep 27 2011

£254.14 on Thu Oct 27 2011

£74.54 on Fri Dec 23 2011

£432.64 on Sun Feb 26 2012

£383.84 on Tue Mar 27 2012

£298.34 on Fri Apr 27 2012

£176.97 on Sat May 26 2012

£305.90 on Wed Jun 27 2012

£404.59 on Fri Sep 28 2012

£1377.68 on Sat Jan 26 2013

£198.15 on Wed Jun 26 2013

£726.60 on Fri Jul 26 2013

£551.16 on Mon Aug 26 2013.

£1276.99 on Sat Oct 26 2013.

£1297.10 on Wed Nov 27 2013

£1052.27 on Fri Dec 20 2013.

£1357.43 on Fri Jan 24 2014

£581.33 on Wed Feb 26 2014

£1164.50 on Tue Feb 26 2013

£122.15 on Mon May 27 2013

£1357.43 ON Fri Jan 24 2014.

£112.89 ON jan 24 2014

£581.33 on Wed Feb 26 2014

 

 

Total = 14907.29]

I have just sat down and worked this all out I am :jaw: and really angry with my self for being so stupid.:mad2:

 

this is a base figure but I seriously need some advice on how to claim back from Wonga and irresponsible lending to me.

 

my loans rolled over for multiple months and I did email them at one stating I was having financial difficulties I have email references etc - I borrowed the funds from my family to clear down.

Things just spiralled out of control. I have a young family and these things just kept on piling and piling on.

 

I finally managed to escape them.

 

How ever I feel my circumstances were never considered and my account was never reviewed fully. I tried to apply for one again in just after the one in feb 2014 when I was struggling but I think Wonga had finally reviewed my case and deemed that it had gone against responsible lending and refused me.

 

Can anyone give a step by step procedure.

Edited by fusionx212
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I would suggest you have a read round other Wonga threads to see how they have dealt with a claim against irresponsible lending.

 

It might be worth obtaining a SAR - Subject Access Request from Wonga. Also get copies of your credit files from around the time you were borrowing from them to see if they had been doing even the basic of credit checks.

 

The figures you have posted above - are these the loans you took out ? If so, it pretty much identifies that you were borrowing to repay the previous loan !

 

There are some information threads in the Pay Day Loan forums which will provide some basic steps you need to take before progressing.

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Hi

I agree with CitizenB. Definitely a SAR to Wonga but you may need to do the same for the credit reference agencies as the £2 statutory report or the free ones from Noddle and Clearscore won't show much info going right back to the beginning.

Based on the above amounts, these are the amounts paid back. How many times were they rolled over? At the time Wonga loved this practice as it was basically 'free' money to them.

 

Getting accurate figures is a must as well as all the account info.

Once you have all these, you can work out when it should have been realised that you were in financial problems (if that was before you told them)

 

If you go to the financial ombudsmans decisions page there are loads of complaints. Have a read of some and see if any of the decisions are similar to yours.

 

http://www.ombudsman-decisions.org.uk/

 

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=43742

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