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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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Intrum Justitia harrasment


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hi peeps

i am a newbie

i have been paying a repayment plan of £30.00/ month for about a year.

due to a change in circumstances i can now no longer afford this amount.

i spoke to ij & tried to get the amount lowered they asked for a breakdown of income and expenditure, which i sent them 3 weeks ago. they say it has not been recieved and now want all the money £9000 or they will go to court to get a charge on my house.

the original debt was a credit card which i used to support my failing buisness . stupid i know.

i have no work and very little income.

my money problems started about 4 years ago, know i am getting to the end of my tether, doctors say i have depresion, they have no idea how much.

these people are really getting to me.

i dont mind paying my debts but they dont listen

i very much need help.

please any info on how to deal with these people.............

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Do not send them an income and expenditure statement, they are not entitled to have one. There is a letter in the templates you can send them that states you are on a low income and you have health issues and need to make token payments.

 

Have you been in contact with your local CAB, they can help with debt issues and may also be able to ensure you are getting the proper benefits you are entitled to. You can check these on a website entitledto.com (might be .co.uk)

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Moving thread into the Debt Forum.

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Hi HOWLER and welcome to the CAG.

 

Who was the original lender of the credit card? When was it taken out?

 

Have you sent the CCA letter?

 

Do you have a house for them to put a charging order on (which can only happen if you have a County Court Judgment against you, in case you are worried)?

 

SH

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1) The first step to take here is to send a letter requesting a true copy of your original agreement pursuant to the Consumer Credit Act 1974, which this alleged debt will be regulated under.

 

The letter is here -

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

The first line should be changed from s77(1) to s78(1) because a credit card is running account credit. Leave in the paragraph in red as IJ are debt collectors. Send this recorded delivery, with a £1 postal order. Do not sign the letter, either just print your name or use a computer font if you are printing from a word processor such as Word or Open Office.

 

They have 12+2 days in which to supply a copy of your agreement, after which they will be in default and you can cease paying them until they do comply.

 

With an account of this age, it would be a miracle if they could come up with an agreement in 12 days. You will get some breathing space at the very least.

 

There is every possibility that the agreement will be defective even if they ever can find it, but we can cross that bridge later. For now, just send off the request and see what, if anything, comes back.

 

2) If you have no work and little income you should not have been paying them £30 a month anyway. Normally, I would suggest that if a payment is due before the end of the 12+2 days, that it should be paid just to keep you squeaky clean. As these payments are far higher than any which a court of law would order if you were subject to a CCJ, I suggest you stop paying them immediately.

 

3) Be careful with banking security when you cancel your payments. If you have been paying by debit card, it would be a good idea to "lose" it and get the bank to send you a new one.

 

4) They have no right to ask for income and expenditure forms.

 

5) Are you the subject of telephone harassment? If so, you will need to think about your options now because it will only get worse. There are letters which can be sent regarding telephone and doorstep harassment, and there is a machine called the trueCall which can give you control of your telephone line. If you are subject to depression, it will be important for you to prepare for the avalanche of threatening letters and silly phone calls which are to come.

 

6) If your business has failed and you are ill, it may be a good idea to have a look at your overall situation to work out the best long term strategy. Please feel free to make further posts if you would like some free independent advice. There are a great many CAGgers who have emerged from debt hell with the help of this site, and many of them now pay it forward by helping new members.

 

You are amongst friends here. Feel free to ask any questions.

 

SH

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you first need to send ij a letter asking for the right to have a signed copy of your original agreement, if they cannot produce this in 12+2 days you have the right to put the account into dispute, after this you need no longer offer any payment, nor may they ask... send letter enclosing £1.00 p.o. do not sign letter simply print your name.. if they reply with the document post it on the site removing all your details and the people here will tell you if the agreement is enforceable or not

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor and Thames Credit Limited.

4. Fair Processing Notice.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

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IJ's usual form is to try to fob you off in the other direction and say you need to contact the original creditor for this info.

 

Don't fall for that one - once they get the request and £1 statutory payment, they're obligated to comply and should under NO circumstances continue ANY kind of collection activity until the request has been fulfilled.

 

If they should honour your request (past experience will dictate that they won't), then what they send you should be scanned (with all personal details, barcodes, reference numbers removed) as the agreement may have flaws in that makes it legally unenforceable anyway.

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They can only get a charging order if they get a CCJ against you in court and if you default on the payments.

And they can only get a CCJ if they have an enforceable CCA

 

With naccount that old there is no chance of them finding it!

 

IJ wouldn't be involved with any court case or any decisions - it was just idle threats

 

Report them to trading standards etc

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letter and postal order posted today, 1st class signed for. if they cant find the CCA what happens then ??

surely it cant be that easy?

please forgive my ignorance i am new to all this.

thanx folks

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Send them the Telephone Harassment letter below. That should stop them calling you.

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number: {you’re Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving calls. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to me, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

Yours faithfully,

:cool::cool: Blondmusic :cool::cool:
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Send them the Telephone Harassment letter below. That should stop them calling you.

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number: {you’re Telephone Number}

 

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving calls. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to me, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

Yours faithfully,

 

That is a good letter, especially the heading at the top,

Regards..Mr Worried :)

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Received a letter today 11th oct from GPB Solicitors

NOTICE OF PENDING LEGAL ACTION

Warning me to contact them (by Phone) or else court action.

 

what is my next step?

i am still waiting for copy of agreement.

i have also posted harrassment letter today.

do i sit and wait ?

 

thanx 2 all

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