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    • 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
    • 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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Help needed - joint credit card which was originally with citicards


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Hi, we were paying more than we could really afford and we originally asked 1st credit to continue with p/m arrangement and they refused,

 

we offered between the 2 acounst nearly £55PCM but this was refused as you will seee in previous posts.

 

if we wait on the cca from 1st credit

can they take court action before this is supplied if we do nothing?

 

we are also still waiting on the sar from citi and have sent the failed sar letter .

 

we have heard nothing from 1st credit since they replied to cca saying they were contacting their client opus to obtain this.

 

thanks

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They should not be able to take court action without the presence of a correctly issued agreement.

 

They would also have been required to follow other pre action protocol eg.. valid Default Notice, termination notice (assignment notice - if 1st credit have purchased the debt) , letter before action.

 

If there is a valid unresolved dispute in progresss then the courts will not look kindly on the claimant.

 

The fact that they refused to continue with a pre arranged payment agreement would not look good either.

 

I am rather puzzled as to why they say they will need to contact "their client".. If they have been assigned/purchased the debt then it is theirs.. they are the owner and as such have no client.

 

If they are acting as agents for collection only then TBH, they simply had no right to refuse the arrangement that was in place.

 

You need to find out for sure WHO owns the debt.

 

Send the letter below to 1st credit - that will give you some breathing space because you are simply requesting proof that you are required to send money to them and not the previous company :)

 

Draft request for assignment - Amended Draft.pdf

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi, the debt was assigned from opus to 1st credit and we had letter of assignment,

1st credit say they own the debt and have updated crf file and added a default.

 

you will see in previous post the letter they sent me when we req the cca,

it is very strange that they refer the cca to their client and that is one of the rerasons for the sar to citi and cca req to 1st credit

as normally if they say their client they dont own the debt,

 

as dx says something fishy going on.

 

just going to wait on sar and wait on cca from 1st credit although now over one month since cca to 1st credit

and still no reply other than they have req the info from opus their client. thanks

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Hi , just to update, we have still had no other response from 1st credit in over a month

since they stated that they were req cca from their client! opus,

 

do we just sit and wait?

 

also after reading other posts on here im a bit worried if they can issue a statutory demand whilst we are waiting on the cca or the sar from citi,

can they make me sell my home to pay the debts owed?

or am i just panicking?

 

any advise would be appreciated .thanks

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no they cant

 

sit tight

 

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... 

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  • 1 month later...

Hello, just an update.

can anyone tell me if this is what is expected from a cca request ,

 

today recd a letter from 1st credit saying we enclose a true copy of cca ,

 

we recd cca saying creditor Associates capital corporation and whats looks like a credit agreement ,

no signatures, and no credit limit , not sure if this is same company as citicards?

 

also a cca sent from opus enclosed with acc number , credit limit zero and again unsigned.

 

can anyone advise if this is what is expected from a cca as it appears just to be a set of terms and conditions and nothing signed .

 

also if this is correct do i just write to 1st credit stating what i will pay and do they have to accept this without sending income details. thanks again.

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Hello, just an update.

can anyone tell me if this is what is expected from a cca request ,

today recd a letter from 1st credit saying we enclose a true copy of cca ,

we recd cca saying creditor Associates capital corporation and whats looks like a credit agreement ,

no signatures, and no credit limit , not sure if this is same company as citicards?

 

also a cca sent from opus enclosed with acc number , credit limit zero and again unsigned.

 

can anyone advise if this is what is expected from a cca as it appears just to be a set of terms and conditionslink3.gif and nothing signed .

 

also if this is correct do i just write to 1st credit stating what i will pay and do they have to accept this without sending income details. thanks again.

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you never ever send anyone income details!! only a JUDGE can demand that info

 

not some tinpot trumpeted up DCA that have

 

NO LEGAL POWERS!!

 

what you have is a recon CCA.

 

 

prob no good in court

 

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... 

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hello dx,

 

It says we enclose a true copy!

 

do you know if associates capital corporation is the same as citi?

 

what would you suggest we do now?

 

as they state its a true copy

how would i know if it was ?

as nothing signed and no credit limit either,

 

would a cca request have payment made etc

as they have just put amount owing!

 

Is there another letter we can send or do you think we will get nowhere and just have to pay what they say?

 

thanks again.

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Karen, are you able to scan in and post up what they have sent to you ?

 

From what you describe, it doesnt appear that they have complied with your request.. but it is difficult to confirm one way or the other without seeing.

 

Some instructions for uploading docs below...

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Karen

I am still waiting for CCA from 1st Credit. I previously requested SAR from Citi cards but Opus responded with 2 sets of agreements (Progressive Credit and Associates) and are just as you say t&c's (reconstructed) with no signatures or dates and a set of statements. Have you received the SAR yet as this shows payments - in my case a full set of monthly statements 2006 - 2011. If I've got this correct Progressive Credit took over from Opus (CCAM) who took over from Citi Cards which was previously The Associates.

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hi alan, im still waiting on the sar but have been assured from citi being done, will be posting up what 1st crdit sent me today. not sure what to do next but will see what the forums says to what was sent from 1st credit before making any decisions.Have u been paying 1st credit? i refused until cca recd .thanks

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well for a start those T&c 's are from 2010

 

was the application online

 

if not thats not a cca either then!

 

total wubbish!

 

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... 

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the first one sent is dated at top 2002 from associates, the second one for opus dated 2010 i think when account changed to opus from citi cards.

what do you suggest in our response to 1st credit?

 

should we have recd payments etc with the cca?.

 

the applicatio was not online and was in approx 2002/2003 not exact on dates

and was with citi which i understand was part of the associates group.

 

i didnt think this was a true cca but not sure and would it have shown a signature.

 

i have 14days to respond to 1st credit.

 

thanks again

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Karen

 

The agreements I have receievd are very similar with the exception of The Associates one has 0395 01 06 2001 Associates MAR & EMG at the top. Looks quite different to a signed one from 2002 although APRs match - they are different to yours. The Opus one is also from 2010 with different APRs. 2010 is when Opus took over from Citi.

Edited by 57alan0
sorry wrong date
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you dont have to respond

 

they are a dca

 

ignore them.

 

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... 

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hi, ignore them?

bit scared to do that as we checked our credit file and they are showing as owning the debt

and after taking the advise on here to get the cca from them

 

just really needed to know if cca is definately not what should have been sent and is a reconstructed terms & conditions.

if we ignore them are they not able to apply for a charging order ?

 

is there a letter we can send to say this is not a true copy?

sorry to be a pain but terrified of anything to do with a court order and the consiquences for us.

 

would they be able to go to court with the cca that they have sent us?

 

also heard from citi and they are eventually dealing with the sar and that should be coming soon.

please dont think im not taking ur advise

just a bit scared to ignore the so called cca that was sent.

 

thanks again

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i doubt they'd go to court with those 'documents'

 

unles you applied online, they'll need you sig on the agreement etc etc

 

and any SD / court is a very long way off if at all.

 

you need to await the citi sar.

 

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... 

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yo could send the faliue to comply letter is you wished

 

pers i'd do nowt

 

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... 

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