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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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    • 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.

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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.

      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.

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      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
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Creation card charges


Charbydis
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  • 7 months later...

Hi, i know it's a long shot seeing that you posted this in Feb, but i gotta try.

 

Have you ever had an answer to your question?

 

I'm in almost the same boat. Been told the other week that my account has been closed, had no letters or anything about it. But they still send me Statements with horrendous amounts of interest and late and overlimit charges on a monthly basis.

I also, on occasions, get sent proper default notices if i haven't been able to afford to pay properly.

 

How can they do this when they closed my account?

 

Please, i would appreciate it if you could let me know if you ever did end up getting advice, as no one seems to be checking in on my thread.

 

Thanks,

Jellybabe

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  • 3 months later...

i stated the £12 because the office of fair trading would not challange a charge under this amount, this does not meen £12 does reflex the true financail loss to certain charges and still can be challanged for fairness. interest must be claimed also at 8%

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Correct, the OFT won't investigate charges over £12 and as you say they can still be challenged for fairness through the courts.

 

If reclaiming on an active/live account then one would normally use the rate of interest equivalent to that being charged on the account to put things back to at least the position they would have been in had the charges not been added in the first place.

 

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  • 6 months later...

I just had a call from creation because I missed a payment and was told if my payment next month was late I would be charged £12.

 

I told the lady that I knew that and that was why they closed my account.

 

I think I will get the account upto date before I reclaim may next lot of charges.

 

Interestingly my latest statement includes a term about missed payments can mean I have broken the terms of the credit agreement

but surely if the account is closed there is no longer any agreement,

 

just a debt to be repaid?

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if the account is closed, they cant add anything

I hope the int is frozen.

 

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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  • 5 months later...

After a long wait after complaining to creation

 

I received a letter saying that the account was closed and they could levy interest and charges

but they would refund some charges and on the statement showing this they added another £12.

 

I told them that the account being close meant no charges as the credit agreement had been terminate.

 

They wrote back and said the account being closed didn't mean the agreement was terminated!

 

So I think a complaint to the Ombudsman is in order?

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  • 6 months later...

Just thought I'd add my bit to all this. For the last 3 or 4 years my car insurance has been finance through Creation, and on the occasions I have missed payments I have been charged £25 admin fee and £3 for payong via debit card.

Now my insurance is due for renewal, and the quotes are now low enough that I can pay the policy in one lump, thus removing Creation from the mix, maybe I should start claiming these charges back. Are the charges for paying via card claimable as well?

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yes

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 year later...

Just in case the OP and any others posting on here have given up on fighting Creation - Don't. It is worth reclaiming all their penalty charges. Go through statements, work out the compound interest owed by C and start the letter process. C don't bother to reply - so you may end up with a quick Judgment against them and £s in your pocket...

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