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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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    • 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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Money back from Bank of Scotland


jarvis123
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My wife has just received settlement for bank charges levied against her. She went over her overdraft limit by only £50 (although her statement never showed more than £12 o/d). She was overdrawn for less than 24 hours, until her wages were paid in. Her wages are regularly paid into that account at the same time each month.

 

For this crime she was charges £148! A large proportion of her monthly income.

 

After getting nowhere with the branch, and 2 letters to the complaints centre in Dunfermline, she filed a small claim.

 

They then settled for £158 plus £28 which had previously been returned. Thus also covering the fee for the small claim.

 

Easy...although the paperwork for the Scottish courts is a bit of a pain, having said that the Shrieffs clerk was very helpful.

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  • 1 month later...

HBOS inefficiency worked to our advantage!

 

After recieving the settlement, she then contacted the court to dismiss the claim. She then recieved another letter from HBOS, saying that if we withdrew the claim they would settle for the full amount plus court fees plus interest. Obviously a different person was dealing with the court summons, and they did not communicate with the department which had already paid out the settlement.

 

She just ignored this letter, after all she had recieved the money and had already withdrawn the small claims action.

 

HBOS have obviously checked to see the claim had been withdrawn, and have just credited her account with the full settlement plus interest FOR THE SECOND TIME!!!;)

 

Our advice would be, at the letter stage, send the first letter requesting the return of your bank charges. You will recieve the standard 'will shall get back to you in less than 6 weeks' letter after about a week. Don't wait 6 weeks, write again saying that you will take action in the small claims court if the money hasn't been returned within a week and give an exact cut off date. You will probably get the same '6 week wait letter' again. After a week issue the summons. The whole process from letter 1 to summons will take about 3 weeks, which really is a fair time for them to repay. By the time they get round to acting on your second letter the summons will have been served.

 

Good luck.

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Hi jarvis, congrats on your victory. i`m waiting on my statements to add up all my charges before taking action against BoS. Think my total will come to around £1,800. Good to know of someone else who has been successful against same bank so if you are able to give me any help or advice i`d be gratefull.

Ali

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A site that we found very useful was The Govan Law Centre Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow, as we are based in Scotland it is more Scottish specific than the adive you get at say MoneySavingExpert.com ad-free, free to use, Consumer Revenge!

 

We used the Govan letters as templates, although we did adapt it a bit as at least one of their example letters is rather long winded.

 

The Govan site gives a example of a first letter and then a follow up letter. If you get to the stage of writing a follow letter (which you will!), put a date in it when you expect HBOS to settle. This puts the ball firmly in thier court.

 

Keep copies of all letters, and if you threaten to take them to court if a suitable settlement isn't reached, follow it through.

 

All the best.

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