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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DS V's The Man (BOS)


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1st post so please forgive me if i have posted in wrong section. First id like to say this website is amazing, Lots of info that im going to use over the comming months no doubt!!!

 

Myself and my partner have had nothing but trouble with the BOS for atleast the past 5 years and after waking up this morning to yet another charge letter i have decided to do something about it. Which brings me here. After a phone call this morning about the 2 bank charges this week that we have received due to Blair oliver, Unanounced take out of £250 from our account last week( Is this legal) Its for recovery of a visa card debt (That we fell behind on last summer).So Phoned the bank this morning to explain that the charges where incured due to afor mentioned Blair oliver taking money from our account with out letting us know, And as we hadnt checked any mini statements we were unaware that there wasnt enough money in our account to cover one standing order (To guess who !!! Yup Blair oliver) and another direct debit to our broadband provider.The First charge we have already payed on the 5th dec, And the second was due to come of tommorow, The woman explained over the phone as a gesture of goodwill the charge for the tommorow would be canceled, But she couldnt refund the charge for the 5th, And advised us that there was a 24hour telephone banking service and that if we had called before the charge had come of on the 5th They could have cancelled it, But can't now ( WTF!!)

 

 

There's a bit more to our story when it comes to dealing with Bank of scotland and there Blair oliver sidekicks, But for now im going to try and recover the bank charges from the past 5 years with the help of this site, Which at a guestimate i reckon are in the 4/5 thousand pound regeion.....

 

Im sure you'll be seeing alot more of me on here over the comming months. And all help will be greatfully appreciated..

 

Kind regards and best wishes DS.

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Hi thanks, Have the letter printed out and will hand deliver to bank in the morning, Cant wait to get the ball rolling on this one, Ive truely had enough of there tactics theve had thousands and thousands of pounds out of us over the last five years, Not to mention the sheer frustration and bank rage i get every time they sting us with another charge. Even when they did decide to cancell tommorows charge but not refund the one they had taken on the 5th it's half hearted in my opinion, They admit that it was a fault on there behalf but still cant refund the 1st charge. Sick to the stomach with there nonsense. Will keep you informed on how things go over the months. Thanks

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Good luck!!

 

I've just filed against the thieving bar stewards for £5.4k.

 

Go get em!!

Darren :p

 

BOS - WON - £5.6k

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Virgin Mastercard - WON - £300

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Barclaycard - WON - £200

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Lloyds - WON - £1.6k

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