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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.  
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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
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

a few years back my wife and I got in the mire due to several things.

 

 

With my debt, I cca'd each credit card company and I put each account into dispute as the agreements either never arrived or the ones that did were unenforceable.

 

 

I had a few threats down the line but never replied or acknowledged them and my debts are now statute barred as its 7/8 years since I last made a payment/acknowledged.

 

My wife, however had to default on her cards at a later date and after the unenforceabilty claims market collapsed, although I understand they may still be unenforceable.

 

 

With her debts we made arrangements to cease interest and charges and make nominal monthly repayments.

 

 

Her debts are as follows all with no PPI;

£11900 DLC (Formerly VirginMBNA), this one was cca'd but a barrister said it was enforceable,

we pay £25 a month on this.

 

 

£4100 Robinson Way (Newday) £20 a month, never cca'd but after 2007 I think,

 

 

Fredrickson (Capital one) £5100 £50pm never ccad but again I think it was after 2007 and

 

 

£5500 Dryden Fairfax (Mark One) £50pm never cca'd but after 2007 again

they ccj'd her for missing one payment even though we offered to make payments up and then subsequently got a charging order.

we pay out £145pm.

All at some point have offered early repayment discounts even the Dryden fairfax one.

 

 

We may shortly be able to access funds to make full and final offers which ideally we want to do so that we don't have to keep paying out £145pm although I understand it will have little impact on the credit file apart from getting the ccj partially satisifed and the charging order released.

 

 

I know how to attack this and the amounts I will offer, but I keep reading it isn't a good idea and to make a claim for charges etc so wanted to know the best way to approach this.

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best advice...short and simple DONT!!

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... 

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what the ccj for mark one??

 

 

thats your priority get that co gone!!

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... 

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Share on other sites

best advice...short and simple DONT!!

 

How is that best advice? The debts aren't just going to disappear, they aren't unenforceable and I don't want to be repaying them for the next 40 years

 

what the ccj for mark one??

 

thats your priority get that co gone!!

 

CCJ and Charging order,

from reading up on them that is a favourite tack of their's.

 

 

Get a ccj for a stupid monthly repayment,

you appeal,

the judge lowers it to what you were paying before,

they don't attend to contest but then go for a charging order which is automatically granted.

 

 

So that one will be a priority.

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who got the CCJ and what is the original debt.

 

 

I know you've had the agreements looked at by the old school barrister of years passed

but could they be re-investigated?

 

 

do you nave the paperwork still

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... 

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The ccj was obtained by the bank who own Mark One,

I forget their name,

 

 

dryden fairfax are their legal people who collect the payments.

The agreements were looked at in 2009 by a barrister who specialised in defending clients using unenforceabilty as their defence,

he wasn't an old duffer who did it now and again. Original debt is what the ccj amount is for

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