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.
      • 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
        • Like

Intrum Justitia and OH's rbos debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6131 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'm currently dealing with Intrum Justitia for my other half. They are dealing with a debt from RBOS and he's been paying £50 a month. He knows he owes money to them but is disputing the amount. He sent the CCA request which we thought they had ignored. They responded to this only after a letter was sent by him saying you've failed to respond so stop contacting me etc, etc.

They then phoned him at work to say the account was being put on hold and they were awaiting the documents from RBOS. Yesterday he recieved a letter from Wescot for the same debt, so it appears that Intrum Justitia has now offloaded the debt.

Should he now start again with a CCA request to Wescot or should he write and tell them that the debt is in dispute and should never have been transferred to them??

Link to post
Share on other sites

I believe that once an account is in dispute and you have informed them, (CCA) then they have to wait until the dispute has been resolved? I may be wrong so dont quote me. They cannot pass on the debt once it is in dispute. Check out the threads on here there are quite a few informative ones.

Good luck Bazza

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

Link to post
Share on other sites

I think what would be more interesting is to discover what has actually happened to the debt, has RBS sold it on to IJ, and they to Westscot - or are they being used as collection agencies only, whilst RBS hold the principal debt? Once you know who's responsible for what, it makes it easier to know the best approach!

Link to post
Share on other sites

How do I find out who owns the debt? IJ wouldn't tell us if they were acting as agents or if they actually owned it. They sent none of the documents asked for but we don't remember getting a letter from RBS telling us it was being sold on.

Link to post
Share on other sites

  • 1 month later...

I received a phonecall from Wescot so explained to them I had asked IJ for the CCA. They agreed that the debt shouldn't have been passed on while in dispute and told me they would get the agreement for me. I followed this up in writing but I haven't heard another peep out of them.

 

I've now received a letter from RBS about off-setting and saying that they are going to transfer the remaining balance from one of my accounts I hold with them.

I know that this happens but can they do it while this debt is in dispute??

Link to post
Share on other sites

I've now received a letter from RBS about off-setting and saying that they are going to transfer the remaining balance from one of my accounts I hold with them.

I know that this happens but can they do it while this debt is in dispute??

 

They shouldn't do this while the amount is in dispute, no, and it would look very bad for them in court if they did. However, have you actually informed RBS that you are disputing it, or did you take the DCA's word that they had informed RBS? It may be that RBS doesn't actually know that you are disputing it... get a recorded letter out quickly, outlining all correspondence/interaction with the DCA about the dispute with copies of any (dated) docs to prove it.

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

I had the same thing. RBS used IJ as a collection agency then passed it to another DCA when I disputed it. You'll find RBS almost certainly still own the debt. Banks don't seem to sell bad debts as willingly as ccard and finance co.'s - they just hang on to it forever rotating it around the usual suspect DCA's. Bit of a bore as it makes it harder to SAR the debt away if you actually owe it because the bank has quicker access to data:(.

"Why CCJ when you can CCA!"

Link to post
Share on other sites

I got a letter from Capquest last week saying they had bought my debt from the RBoS. That debt is about 4 years old.

 

Good luck with them :| they are a nightmare to deal with and seem to favour the 'bully boy' tactics. Make sure you put everything in writing.

Link to post
Share on other sites

  • 4 weeks later...

Well, got a reply from the Rbos today. They have sent a copy of all the statments but no credit agreement. They say they no longer have a copy of this. They say that they are only legally obliged to hold the agreement for 6 years and this account was opened 7 years ago.

Link to post
Share on other sites

  • 4 months later...

After countless letters back and forth I received a letter from the bank today saying that the 'current balance has been discharged and is no longer obligatory' :D BUT the default entry is correct and will not be removed :( although they have updated it to read satisfied with the CRAs.

They say that their 'processing of data is fair, lawful and warranted.....notification of default information was carried out in accordance with long established procedures which were contained in the credit agreement I signed' (how do they know I signed it they don't have the agreement!!) they finish by saying that 'given the processing of your personal data was consented to by you you cannot retrospectively withdraw that consent after the processing has been carried out'.

 

So what do I do next?

Link to post
Share on other sites

  • 4 weeks later...

After sending everything to the FSO I've recived a letter from RBS saying as a gesture of goodwill they will refund the charges. They have said they will pay them back into the account which was a joint account when the charges were made, but isn't anymore. I took my name off of it and it is now only in my husbands name.

Can I insist they pay by cheque or into my bank account at the A&L?

Link to post
Share on other sites

I would think that as you have an open aco**** with RBS then they will insist on paying the funds direct to there.

 

No harm in asking for a cheque but I doubt if they will play ball.

PPMAN159

 

If this comment has helped please click on the scales.

Link to post
Share on other sites

Hi Santamonica

We have more or less the same request we would like a cheque from rbs as our account is being dealt with Allied International and the refund can be put to better use than paying them back as the monthly payment to them is only £30.If you get any advise it would also help me

regards

Crystal Palace

Link to post
Share on other sites

The bad news is that as you were claiming from a joint account to which you both had access then technically you owe your ex half the claim.

 

Personally I'd write a letter explaining the situation to the bank and hope it ends up on the desk of someone with either a heart or a modicum of common-sense.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...