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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.

      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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      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
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No Claim Discount (Incorrect informations), is it fraud?


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hi, I urgently need your advice as i've got 2 days left : with experience please. I bought an insurance cover for my car 2 years ago, the policy docs was sent by email so I never checked it, then by the end of the 12 months contract, I was resent the written policy and a letter to say they will no longer be able to cover me due to a change of their conditions and I was given a 1 year no claim discount certificate. it's only then that I realised that the information about my driving licence was incorrect, I had a provisional licence for 3 years and drive at the side of my husband but on the paper its says 3 years full uk licence. i have now reinsured my car, the quotes are very high so I thought I could use my 1 year no claims bonus to get some discount, I did and now the new insurer want to see my NCD. My question are: is that NCD still valid even thought an information was incorrect and because I only realised it late I didnt do anythg about it. can I sent the NCD or simply cancel everything or tell them i no longer have it or try to explain it (will the believe me or report me?) and restart from 0? If I do use it, will my new insurer contact the previous one for details of my previous policy?(on the letter, a number is given to call + a reference number). is this going to be considered as a fraud? OR, WHAT SHALL I DO? Don't want to get myself into hot water but then i am paying £1900 for the year ... thanks for reading and replying

Edited by lovebanana
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NCD = NO CLAIMS Discount,

 

If you didn't make a claim you are entitled to notify new insurer, however you could be due monies to old insurer as they could claim that the risk charged was based on you having full licence and not provisional. It is a contract of the utmost good faith.

 

Especially when it goes their way !

 

How will the present insurer know either what premiums you paid or on what basis, to divulge this to present insurers may well breach DPA. All they will care about is that you have held insurance for a year and not claimed.

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Ignoring what happened previously, are you saying that you have correctly informed your current insurer of your licence details and length you have held it, and have a certificate from your previous insurer showing 1 years no claims?

 

If so, then I would say at this time what happened regarding the oversight with your previous insurer is water under the bridge. As has been pointed out, if you had submitted a claim through your old insurer you may have had a problem as their "risk" turned out to be greater than they believed. No accident happened so the point is moot.

 

The facts you have supplied to your current insurer are correct (including the fact that you have held an insurance for one year without claiming) so the quote they have given you is based on accurate details.

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I very doubt they will care as long as your current information is correct i.e. Length of time you held a full licence and that your are entitled to one year NCD.

That is what your current policy will be based on.

They do share information but dont think this will be a problem.

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ok, but would they foud out that my 1 year NCD was based on incorrect information?

 

Your 1 year's NCB is not based on incorrect information. The premium you paid may have been lower than it should have been because you may have been a greater risk to them than they had calculated for, but the fact remains that you have held an insurance policy for 1 year and made no claims against it.

 

What premium you paid to the first company will not be made known to your current insurer and no longer has any bearing on your risk factor because the new company has the right details.

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