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    • 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
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Old Debt 6 years, issued Statutory Demand help


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Hi All

 

1st Credit have today sent me a Statutory Demand of Insolvency for a debt that is owed to Natwest Bank and is well over 6 years old.

 

I have not had any communication with this company, sent letters or event telephone contact.

 

Now this has arrived, obviously because i am on the Electoral Register in my new home.

 

Apparently i have 18 days to apply to the court to have it set aside, do i apply to the court under the statue of limitations, i do not want to ring them as this will start the whole new 6 year thing off.

 

Also there is no stamp on it from a court surely there would be the court address this was sent to, or am i wrong, is this just a scare tatic to try and get me to ring them?

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You won't set the "six year thing" off again by phoning them - only by acknowledging in writing or making a payment.

 

I believe (though I could be wrong) that you can apply for a set aside at your nearest court - and it should be free.

 

Don't forget to send the "statute barred" letter to Wirst credit then you can report them to TS next time they contact you

Carpe Jugulum

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thank you for your advice, yes i did look for a court address and it said that if i wish to have it set aside i should apply to my local court or in the first instance ring them

 

Maybe a ploy for me to contact them and slip me up?

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thank you for your advice, yes i did look for a court address and it said that if i wish to have it set aside i should apply to my local court or in the first instance ring them

 

Maybe a ploy for me to contact them and slip me up?

 

don't phone them!

You do have to apply for a set-aside tho, at your local court.

 

A statutory demand doesn't have to have a court seal - it does need to be "served", however - by a court process server, or possibly by FIRST class post.

Carpe Jugulum

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Can I ask, is this debt for more than £750? Do you own your own home?

 

First credit are issuing stat demands like confetti at the moment. They issue actual petitions much more rarely, but you've nothing to lose applying for a set aside.

 

EDIT: And yeah, you can use that as the reason... depending what type of loan it was. (Erm, what type of loan was it?)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi

 

Yes 960.00 and i do own my own home well only in the last year. I will have it setaside, i will also in my application after reading other threads that 1st Credit are abusing the process and issuing these like confetti, and i will also add a costs element for me as well.

 

I need advice on costs as i am self employed is there like a basic hourly rate etc.

 

It was not a loan i was overdrawn and was charges as well

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Your costs would be the cost of attending a hearing, so basically traveling expenses and lost earnings. Have you written to them and / or paid them in the last six years?

 

No need to include the fact they are issuing them like confetti, although it is the truth, it won't help your case :)

 

Include the fact the debt was originally largly made up from bank charges, that you would seek to reclaim.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 months later...

Hi

 

Just to let you all know, i went to court to have the case set aside and 1st Credit & Connaught Collections failed to show. The case was set aside and i was awarded my costs 101.75.

 

Today a cheque arrived, they took me court for money, they never showed and now they have paid me.

 

The funniest thing is ...

 

I have now received another one from the same company for a different debt.

 

Here we go again

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