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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How long will name be 'black-listed'?


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Hello! Just wanted to check this out. Husband has loan with A&L & for first time ever, did not take out payment insurance. In 2005, out of the blue, husband was rushed into hospital for emergency op - no previous illness & totally unexpected. Following a further op, eventually went back to work 13 months later. During this period he had an arrangement with A&L to make reduced monthly payments which he made religiously. On returning to work he resumed normal payments with an arrangement to pay an extra amount each month to pay off the arrears accrued whilst paying the reduced payments. Again, he has paid this as agreed, every month on the dot. In the meantime, his credit card co. slashed his credit limit, his bank will not give him an overdraft - despite having had one for the last 25 years! - & we cannot even take advantage of special offers with cable tv which would reduce the amount we currently pay! All have said they can't do anything because of credit ref. so got copy of credit report & despite paying A&L as agreed, they have 'black listed' him. This seems very harsh considering the circumstances. If I borrowed money to pay off the amount of arrears remaining, would this then be removed from his credit rating? Or will it stay there for a certain period? He has always paid everything properly until this episode & it seems unfair that he is now penalised so much for an unexpected but genuine health problem which he has now completely recovered from. Any advice?

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There is no such thing as a 'black list'

 

What exactly is on the credit file?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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What do you mean by "black listed" him? Have A&L put a default on his CR file? or have they marked it as "reduced payments"?

No one can make you feel inferior without your consent :)

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Barracad is quite right - there is no such thing as a 'blacklist - your OHs cred ref file is simply a factual history of his credit agreements; any missed or reduced payments will be shown and A & L may still have issued a defsault notice as even with agreed reduced payments he would still have been in breach of the original agreement he signed.

 

Any adverse credit stays on his file for 6 years and only false or inaccurate information can be removed ( be wary of 'credit repair' companies who offer to remove defaults etc ).

 

It is possible to add a Notice of Correction to the file but there are differing opinions as to how weffective this actually is - it's a statement of up to 200 words which you can add to your cred ref file to explain a particular entry ( e.g. your OH could detail why he fell behind 7 the fact he kept up with the arrangement since 7 is now paying in full plus arrears ).

 

The idea ( I think ) is that while a computer is usually used by lenders to scan cred ref files they cna'tdo this with a Notice of Correction so any application would be looked at by a person. As I mentioned above there are different viewpoints as to how much this happens in practice but I'm not here to give an opinion on this just the facts!

 

Best of luck :)

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  • 2 weeks later...

Hello again! Thank you for your very helpful reply, Powelll, & sorry for not having replied sooner. I will be looking into things further & will have a think about whether to add a 'Notice of Correction'. Kind regards & thanks again. :)

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There is no such thing as a 'black list'

 

What exactly is on the credit file?

 

Are you sure? I am fairly certain properties (but not people) can be blacklisted - I've encountered this at least three times. It's possible the address has been blacklisted.

"Why CCJ when you can CCA!"

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