Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

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

PRA Group want more money (Old MBNA) whilst on ESA


mrpopperspenguins
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2597 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

ok all good thanks.

 

that explains it - post apr 2007 then.

recon will do .

 

tell you what I would do next..

..send MBNA an SAR.

we need all the statements

as I bet theres something

like PENALTY £12 fees etc

or

PPI to be reclaimed here.

 

what is the other debt you mention too?

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... 

Link to post
Share on other sites

  • 3 months later...

Email again from PRA asking why I have not sent back the incomings and outgoings paperwork they sent me.

 

They say my account is on hold (I am still paying the £10 a month)

I have established they owe the debt,

 

I just want to know what powers they have,

as this is making my illness worse,

there really is NO more cash,

 

can they take me to court for less than £600 and will they

 

I do not know what else to do

 

 

ive upped my meds to cope with the stress.

Link to post
Share on other sites

Email again from PRA asking why I have not sent back the incomings and outgoings paperwork they sent me.

 

They say my account is on hold (I am still paying the £10 a month) - keep doing that.

I have established they owe the debt,

 

I just want to know what powers they have, - no more than you or I

as this is making my illness worse,

there really is NO more cash,

 

can they take me to court for less than £600 and will they - yes they can, if they will - I don't have a crystal ball sadly

 

I do not know what else to do - stop getting wound up.

ive upped my meds to cope with the stress.

 

 

did you get that SAR running to MBNA?

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... 

Link to post
Share on other sites

did you get that SAR running to MBNA?

 

No my printer is broke i have no one to help me print it out, not sure i could write all that.

i have been left to get on with my own MH probs, outside seeing doc as and when, so i am not in a place to know what to do.

i just want them to get the message i have no more money no matter what they ask for.

Link to post
Share on other sites

they'll get that msg when you don't respond or even need too?

 

can you not use a penstick a a friends/group/library pc to print it

 

quicker you get all the statements

quicker I think we'll find they owe you more than you owe them!!

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... 

Link to post
Share on other sites

I have been trying to log into my account to pay my £10 monthly amount,

although I can log in it will not let me view my account,

make a payment or use their email contact form to ask them what is going on,

I just keep getting access denied...

 

The only line which seems open to me is to phone them, which I will not do.

I wonder if they are pushing me to make contact or could their site have a problem.

 

Sometimes it says server error but this has been going on for days - every other part of the site works.

Link to post
Share on other sites

do it by bacs and your interweb banking portal

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... 

Link to post
Share on other sites

Never thought of that - is it easy I know what bacs is if I go to my bank online will it tell me what to do.

I don't have their bank details so cannot do that.

I will send a cheque to cover this payment - little late but at least I have paid.

 

If they have stopped my online payment, and the fact they keep pestering for more money I am going to look at harassment.

Link to post
Share on other sites

pleae don't send a cheque

no need tooo..

 

 

you don't need their bank details

most banks intereweb site have drop down lists you select creditors from.

so pay bills section

credit cards

find MBNA

all you need is your [MBNA]card number

that's the reference number you use.

 

 

that's now I pay all my bills

don't have any DD's set up

or ring anyone or goto any other sites

and input my card details either.

 

 

that way

anything goes wrong

its MY banks at error and you can get it back ..

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... 

Link to post
Share on other sites

Spoke to my bank and I have set up a standing order for the £10 a month with this they cannot take more than the agreed amount without my authorization.

 

If they are trying to make me default or get in contact with them then at least I can say I have kept up my payments.

 

I have the emails I sent them asking why they have denied me access to my online account which they neve replied to (before they denied me access to their email account).

 

I know I might have done wrong in paying them but I have to keep life as simple as possible it;s the only way I can handle my illness.

 

See what they come up with next, but at least I can keep all this proof as to my harrassment claim if needed.

Link to post
Share on other sites

  • 4 months later...

After they stopped me paying online last year (they said they were overhauling the site)

I set up a standing order which has/is being paid.

 

PRA keep emailing me to say they cannot trace the first two payments, (well they left the account)

I suggested they contact my bank and find out where they went (surely this is their problem not mine)

Since then they have been hassling me,

 

 

today they have threatened to take further action (action over what I am not sure)

my bank statements show the money left the account, which is the amount agreed by PRA.

 

I have told them no phone calls, (to which they seem to ignore and keep saying they are trying to contact me) well if they are they leave no message, so is this a lie.

 

Due I ignore the threat of further action, I AM PAYING - what more can I do.

 

Please any help,

as I cannot cope with the emails going over the same thing time and time again,

I know what they are up to,

they hope I will cave in and offer more,

but there is NO MORE.

 

Is there a ombudsman or something, as I am meeting their agreed payment.

 

Thank You.

Link to post
Share on other sites

well bounce the emails then click ignore

 

 

you need to get an sar running to MBNA

else this will go on as you are letting a DCA walk all over you.

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... 

Link to post
Share on other sites

did what?

 

so you have the sar data from mbna?

 

if you blocked emails

why are you still getting threats that are winding you up.....

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... 

Link to post
Share on other sites

I never said I blocked the emails,

I just want to know who is responsible for finding the money they say they never received from my bank, them or me.

I can prove if needs be that the money left the account.

 

They have said if I do not reply to them either by phone or email they will find another way to contact me,

this can only mean a house visit (can they do this).

 

I don't want to play games I just need to know what 'rights' they have if any.

 

Thanks

Link to post
Share on other sites

well you should block them.

you are responsible to find the money its yours..

go ring your bank and ask them to recall the payments.

 

 

doesn't matter if they threaten/make a home visit

they are NOT BAILIFFS

and you can the police on 101 if they do that.

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...