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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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    • 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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Can I offer a full and final settlement??


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Hi,

I have gradually over the last 7 years gotten more and more into debt on two credit cards.

 

One I stopped using 3 years ago but continue to pay the limited amount each month

which does nothing but pay off the interest

-the amount owing of £3000 remains the same.

 

The other I have continued to use because my salary does not even cover my living expenses and is now on £9000.

 

I am also currently £900 overdrawn and so when my salary hits the bank it will disappear.

I can only see my financial situation getting worse.

 

I had a serious RTA in 2002 and due to chronic pain and PTSD I had to leave my career.

Although I found another job this is more than half my original salary.

I am a single parent with a 13 year old daughter.

 

I receive working family tax and tax credits.

I have been using my credit card to cover all the things food shopping, things for school, petrol, uniforms etc.

However the repayments have now gotten so high that I can no longer afford to make them.

 

On Thursday, following a year of ill health I was diagnosed with multiple schlorosis

and life seems pretty terrible at the moment.

 

I broke down emotionally at the weekend with my elderly parents because I really am my wits end.

 

They very kindly offered to lend me (to be repaid as and when I can) £5000 to help

and after spending a lot of time researching debt solutions

I am wondering if I would be able to negotiate with the two debtors to make a settlement offer?

 

My MS is progressive and I can only assume my health will deteriorate fast.

 

I don;t know what is the best way forward???

 

Any advice would be gratefully received. Thank you:smile:

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hi and welcome aboard........

 

firstly I would go open what we call a parachute account eith a bank not associated with any of your debts.

co-op do a basic account with online banking and a debit card.

 

that way you can get your income paid into THAT account

and no-one will snafu it with overdraft charges.

 

then you p'haps need to look at how you deal with ever increasing card debt.

 

not got PPI have you?

 

that and PENALTY charges might be a route to getting some money taken off the balances

 

that way it will be smaller for when you do F&F them.

 

for the minute i'd sit on the £5k or let them keep it till you are settled.

 

are all your debts still with the original creditors still?

 

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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Hi,

I have gradually over the last 7 years gotten more and more into debt on two credit cards.

 

One I stopped using 3 years ago but continue to pay the limited amount each month

which does nothing but pay off the interest

-the amount owing of £3000 remains the same.

 

The other I have continued to use because my salary does not even cover my living expenses and is now on £9000.

 

I am also currently £900 overdrawn and so when my salary hits the bank it will disappear.

I can only see my financial situation getting worse.

 

I had a serious RTA in 2002 and due to chronic pain and PTSD I had to leave my career.

Although I found another job this is more than half my original salary.

I am a single parent with a 13 year old daughter.

 

I receive working family tax and tax credits.

I have been using my credit card to cover all the things food shopping, things for school, petrol, uniforms etc.

However the repayments have now gotten so high that I can no longer afford to make them.

 

On Thursday, following a year of ill health I was diagnosed with multiple schlorosis

and life seems pretty terrible at the moment.

 

I broke down emotionally at the weekend with my elderly parents because I really am my wits end.

 

They very kindly offered to lend me (to be repaid as and when I can) £5000 to help

and after spending a lot of time researching debt solutions

I am wondering if I would be able to negotiate with the two debtors to make a settlement offer?

 

My MS is progressive and I can only assume my health will deteriorate fast.

 

I don;t know what is the best way forward???

 

Any advice would be gratefully received. Thank you:smile:

 

Dear fellow CAG Member

I am deeply saddened to learn that you have been diagnosedwith multiple sclerosis. My wife was diagnosed with multiplesclerosis secondary progressive 7 yearsago, this was absolutely devastating for me, becausethe feeling of uselessness and my inability to cure her debilitating diseasewas like a bolt of lightning hitting me in the face and telling me – ha, youare only a man and you are useless. Weare a young family and have two very young children – both boys and to me theyare my superdudes.

Now on to the important matters for you, your family and your situation. The figures that you have posted here showthat you are allegedly in debt to thesum of £4,800.00 to your creditors listed here.

I really do understand that you need to be free from theworry that these debts are causing to you. I have been down that road and my dear late father-in-law paid all ofour creditors in full and final settlements, we owed in excess of £35k to our creditors.

Firstly, may I please say to you keep calm and drink sometea.

Secondly, as advised by dx above, send your creditors a request under s.78 ofthe CCA 1974 (as amended) for a copy of the credit agreements upon which theyrely in respect of the debt claimed thereunder. The fee for this such request is £1 per request.

Thirdly, you do needto ascertain as to whether or not any of these credit agreements have mis-soldppi thereon – 99% of credit agreements have mis-sold ppi. If they have, this will legally reduce the amount owed on these credit agreements andalso save your very good and dear parents some money, could save them as much as £2k, so this avenueis really worth pursuing.

Fourthly, do not be afraid of your creditors or any letterssent by them or by any DCA acting on their behalf; any letters that your receive, please postthe same up here minus all personal details and we shall deal with them andprovide you with invaluable advice, knowledge, help and support on the same. CAG is here for you, you are not alone and we will help and guideyou through this suffocating mess and any undue pressure placed upon you byyour creditors or any DCA instructed to act for them. By the way, DCA = Debt Collection Agency and they have no powers nor authorityrecognised under the civil laws of England and Wales, they are powerless robots and please do notallow yourself to become intimidated by their pathetic, unrealistic and whollygroundless letters that they may send to you, which are not valid under any law– statute or common law in England and Wales.

So, in the light of the above, and get used to being in the light now thatyou have found CAG, your first port of call, BEFORE, you (yourdear parents) make any offers in fulland final against any of these accounts, send each credit a Consumer Action Request (“CCA) pursuant to section 78of the Consumer Credit Act 1974 (as amended) for a true copy of the creditagreement upon which they rely. Eachcreditor has 12 days to comply with this Request, it is their obligation to comply withsuch. If they fail to comply, then they cannot enforce the credit agreementagainst you.

Further, your require a copy of these agreements, as is your statutory right, in order to establish if any of these creditagreements contain mis-sold ppi thereon.

If you have any further questions as regards this matter,then do not hesitate to post back here without delay. By the way, ensure that all letters that you send to your creditors are sent by wayof Special Delivery Royal Mail.

Kind regards

The Mould

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