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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
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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
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safeloans nightmare


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Hi

This is my first thread so i hope im doing this right. I need some advice.

 

I borrowed £200.00 from safeloans on 25 February 2012, i had to pay back £250.00 on 25 March 2012, but i couldnt so I contacted them, apologised and promised to pay the amount borrowed back on 25 April 2012. I was bombarded with emails and texts messages telling me I was in default, which according to them is standard procedure even if you have contacted them.

 

As promised I paid £250.00 being the amount borrowed and one months interest on 25 April which they have received. They are trying to get a further £158.00 from me which is £30.00 broken arrangement fee, £12.00 late payment fee and the rest is daily interest.

 

Where do I stand? I am prepared to pay the £30.00 broken arrangement fee, because I borrowed and was 1 month late paying it back. They have offered me a plan to clear the rest of it off, but its there extra charges. Im not sure what to do.

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Send them the phonecall harassment letter from the library on this site. If they break it then they are risking a heavy fine from OFCOM. Tell them that you have already paid the loan plus interest. Theyd be hard pressed to explain the other charges in court, especially the daily interest amounts. They could make an argument for the late payment/default, but definitley not a "broken arrangement" fee, whatever the hell that is, plus the interest.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Don't worry about it. PDL's are well known for trying to take more than they are legally entitled to.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Talk about ping pong email - this is the latest email I had today: They dont aknowledge what you have already paid or even come to a compromise.

 

PLEASE RESPOND TO THIS EMAIL URGENTLY.

 

Thank you for your email.

Please advise we are not charging you interest on interest. When you agreed to the loans term and conditions it advise you of your payment plan which you set up you self.

Which the system advise you of how much interest you would be charged as long as the payment was made on the day you agreed on.

In this scenario you have DEFAULTED on your loan which mean you will received fees on your account as well as daily interest after the date you agreed to pay on.

Please go on our Website and please read the TERMS&CONDITIONS.

This will explain all that you need to know of daily interest and fees on the account as you agreed to the terms and conditions.

 

 

Regards

Safeloans Ltd

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Thats safeloans for you. Send the other email right back to them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Tell them that just because it is in the terms and conditions it does not make it legal, fair nor right.

 

If this went to court the fact that you contacted them, they refused and then you repaid the original loan and interest in full unprompted by them would be a good defence.

 

They are on a sticky wicket here.

 

Try and contact Croydon Trading Standards about them with a complaint tell them you have repaid the loan and interest and they still want more.

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Chillover, I think you need to read the thread properly, the original poster has repaid the loan and interest, albeit late and should not be harrassed by this bunch.

 

A complaint to the OFT and Trading Standards is in order as the company are clearly trying to unjustly enrich themselves. Just because it is in the terms and conditions does not mean it is legally enforceable in a court of law.

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Thank you for for the advice guys, Im on to the trading standards and OFT this week to get this sorted.its refreshing the advice on here has given me motivation and reassurance so thanks

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Make sure you make it absolutely clear to them that you have already paid off the loan in full but even so they added charges to a fulfilled debt and are chasing you for money that you clearly do not owe them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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