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

      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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Notice of Assignment received 5 years after debt sold Citicard


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Ok will do that and the fact I am waiting on the SAR.. I can't believe they are messing around like it..it's already had a statuary demand set aside and costs paid to me by 1st Credit, I don't know why they think sending some downloaded t&cs (which are incorrect anyway) will make an iota of difference, they should realise I have a little bit of savvy and won't just roll over for them...guess they are just pretty stupid..

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Ok will do that and the fact I am waiting on the SAR.. I can't believe they are messing around like it..it's already had a statuary demand set aside and costs paid to me by 1st Credit, I don't know why they think sending some downloaded t&cs (which are incorrect anyway) will make an iota of difference, they should realise I have a little bit of savvy and won't just roll over for them...guess they are just pretty stupid..

Because 1st Crud are incompetent in many ways they seem to believe everyone will fall for their nonsense.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Can someone please clarify for me.....a recon agreement has to be identical to what was signed? T&cs should be word for word as they would have appeared in the original leaflets? And if pre 2007 the original signed agreement would need to be produced if it went to court?

 

Thanks

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already answered from post 108

 

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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Can someone please clarify for me.....a recon agreement has to be identical to what was signed? T&cs should be word for word as they would have appeared in the original leaflets? And if pre 2007 the original signed agreement would need to be produced if it went to court?

 

Thanks

 

 

Correct.

 

 

Recon does not need signatures, must have name & address at inception same for creditor, the original TS & Cs the final ones and all amendment + any other docs mentioned in them.

 

 

ALL the financial data must be that applicable through out the life of the agreement.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Sorry to appear stupid, but does that mean they should have provided me with every set of terms and conditions then wince account was opened up to when it was defaulted and not just the two sets they have sent me from account opening and default date?

Ts & Cs at inception and closure and any " material" amendments during the life of the agreement.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If there have been amendments to the agreement unique to the account holder a recon will not suffice anyway...must be the original executed agreement.

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your interest rate must have changed in all that time DM:-)

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  • 1 month later...

Today is 1st August and according to my records this one is now statute barred :)

 

I received a default notice in feb 2008 and continued making small payments to Citi up until the account was sold to 1st Credit. The last payment I made was 1st August 2008.

 

I'm hoping someone can tell me I am correct in my thinking so that if/when they contact me again I can send them the statute barred letter.

 

Thanks :)

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Today is 1st August and according to my records this one is now statute barred :)

 

I received a default notice in feb 2008 and continued making small payments to Citi up until the account was sold to 1st Credit. The last payment I made was 1st August 2008.

 

I'm hoping someone can tell me I am correct in my thinking so that if/when they contact me again I can send them the statute barred letter.

 

Thanks :)

 

 

A default notice does not indicate the date a default was actually placed this maybe some months later.

 

 

Check credit files for the accurate default date.

Then send the SB letter after the default comes off the CRA files.

 

 

1st Credit have been known to come up with "phantom" payments.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The default was placed on my credit file in February 2008 and dropped off in February this year...I have had statements from 1st showing no payments so they would be daft to try that one,but then again it's 1st credit so anything is possible. I was not going to contact them until they contact me again...the last I heard was a few months ago when they were handing over to their solicitors again!

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The default was placed on my credit file in February 2008 and dropped off in February this year...I have had statements from 1st showing no payments so they would be daft to try that one,but then again it's 1st credit so anything is possible. I was not going to contact them until they contact me again...the last I heard was a few months ago when they were handing over to their solicitors again!

 

 

Stop them in their devious tracks then SB letter with a warning never to contact you again.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 weeks later...

Oh l have been waiting for u to post.

 

here is a GM special for you up to u if u use it but it might not be to there liking.

 

Dear idiots.

 

Ref:-

 

this alleged debt is statue Barred under the limitations act of and as result you are NOT getting 1 pennie of my hard earnt money, unlike urs which is earnt by bullying people.

Go forth BUT DONT MULTIPLY we have enough of you already.

 

Enjoy your day

 

Hugs and kisses

DM.

 

 

I no its not as good as the CAG one but defently more entertaining. :)

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Letter back from Connaught today acknowledging my email regarding statute barred and saying they are reverting to the original creditor and will get back to me in due course..not sue what it's got to do with citi actually as they sold it...but perhaps they want to find out date of last payment, they could have asked me, I have it showing in the statement!

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Letter back from Connaught today acknowledging my email regarding statute barred and saying they are reverting to the original creditor and will get back to me in due course..not sue what it's got to do with citi actually as they sold it...but perhaps they want to find out date of last payment, they could have asked me, I have it showing in the statement!

 

 

Connaught/1st Crudit will be looking for payments in the limitations period 1st are masters of the mystery £1 or £10 one off payment claim, as these sums "just happen" ha bl**dy ha to be the stat fees for CCA and SA requests..

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 4 months later...

Received confirmation today from 1st Credit that this account is statute barred and they will not be chasing me for it anymore even though the debt still legally exists.

 

Thank you to everyone who has contributed to this thread and helped me with this over the past few years.

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cer the next fleecer

 

 

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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