Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Council Tax Repayment Advice


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5160 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I need some help here is there is someone who can help me, at the moment we have an outstanding balance with Rugby Borough Council for our Council tax of £766, I want to arrange some kind of payment and after I have taken into account my basic salary and all the outgoings etc is worked out that I can afford to pay £100 per month.

 

I called the council and offered this to them however they started asking me questions regarding my income & benefits etc. Apparently they take into account my child tax credits and my wifes child benefit when it comes to working out a repayment plan.

 

Is this right? I honestly though that when working on how much you can afford to pay it was not allowed to take into account any benefits etc?

 

I am the only earner in my family, I have 6 kiddies (always wanted a big family).

 

is something amiss here or am I just being silly.

 

Thanks

Link to post
Share on other sites

i dont think it was p'haps for that reason?

mores if you are entitled to a reduced rate?

 

anyhow

pay them what you can, do it by internet banking and they cant argue.

 

just write and tell them you will be paying XXX for XXX months to clear the debt.

 

prob had a jobs worth on the phone.

 

dx

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... 

Link to post
Share on other sites

They are able to consider any income they wish when they consider a payment arrangement with yourself. A payment arrnagement isn't specified in the council tax(administration and enforcment) regs 1992 so the council can set their own terms.

 

Where a notice is served under regulation 36 requesting details the authority are also legally allowed to ask for the following.

 

Duties of debtors subject to liability order

36.—(1) Where a liability order has been made, the debtor against whom it was made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the billing authority on whose application it was made.

 

(2) For the purposes of paragraph (1), relevant information is such information as fulfils the following conditions—

(a) it is in the debtor's possession or control;

(b) the billing authority requests him by notice given in writing to supply it; and

© it falls within paragraph (3).

 

(3) Information falls within this paragraph if it is specifed in the notice mentioned in paragraph (2)(b) and it falls within one or more of the following descriptions—

(a) information as to the name and address of an employer of the debtor;

(b) information as to earnings or expected earnings of the debtor;

© information as to deductions and expected deductions from such earnings in respect of the matters referred to in paragraphs (a) to © of the definition of "net earnings" in regulation 32 or attachment of earnings orders made under this Part, the Attachment of Earnings Act 1971[15] or the Child Support Act 1991[16];

(d) information as to the debtor's work or identity number in an employment, or such other information as will enable an employer of the debtor to identify him;

(e) information as to sources of income of the debtor other than an employer of his;

(f) information as to whether another person is jointly and severally liable with the debtor for the whole or any part of the amount in respect of which the order was made.

Link to post
Share on other sites

but in this case its not yet gone to court?...so the council can b*gger off!

its none of their business.

 

dx

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... 

Link to post
Share on other sites

the council have said that they are going to take it to court and that they will apply a further £50 on in chargers because its going to go to court.

 

they suggestion I wait till it gone to court before I arranged my payment plan however i said I wanted to do it before.

 

its sounds strange that they would still want to take it to court and have further charges applied.

Link to post
Share on other sites

the council have said that they are going to take it to court and that they will apply a further £50 on in chargers because its going to go to court.

 

they suggestion I wait till it gone to court before I arranged my payment plan however i said I wanted to do it before.

 

its sounds strange that they would still want to take it to court and have further charges applied.

 

they reason they want to take it to court is to get a liability order

this gives them the legal right to employ bailiffs (usually there first choice) or get an attachment of earnings

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...