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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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Arrow/Restons claimform - old MBNA debt


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Ah yes your claim has never been allocated...straight to strike out/summary judgment...so no court mediation is available

We could do with some help from you.

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I okayed it in post #199...how many times are you going to amend it ?

We could do with some help from you.

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I okayed it in post #199...how many times are you going to amend it ?

 

I have changed it loads since then! I've no idea if the WS is strong or not... also what happens on Feb 5 do I just turn up to court holding my WS?

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I have changed it loads since then! I've no idea if the WS is strong or not... also what happens on Feb 5 do I just turn up to court holding my WS?

 

Well its only posted here 16th Jan and today ?

We could do with some help from you.

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They have offered me a settlement of 6400.

 

I am really finding it hard to decide whether to accept.

 

First off, is there likely to be a second hearing after the one on Feb 5?

 

Second, what I am trying to work out is if I lose, what will I actually owe them? Will it be the CCJ amount or will it be increased costs so more?

 

Also, they said I can't email Restons my WS is this a lie?

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They have offered me a settlement of 6400.

 

I am really finding it hard to decide whether to accept.

 

First off, is there likely to be a second hearing after the one on Feb 5? No

 

Second, what I am trying to work out is if I lose, what will I actually owe them? Will it be the CCJ amount or will it be increased costs so more? Increased .....Summary Judgment hearings can be expensive (Application fee/Counsel fee)

 

Also, they said I can't email Restons my WS is this a lie?

 

Who cares......you have had plenty of time to post it...even second class.

We could do with some help from you.

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Depends on the Counsel attending...they have sent Barristers in the past ...could be 1 or 2 K

We could do with some help from you.

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This is getting really out of control, I don't know how I got from being able to pay these muppets 2 grand to clear this to now potentially 12 grand...

 

To me my WS feels strong but I'm no barrister or judge lol

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Pitfalls of litigation.....they may send a rent a sol or paralegal to keep their costs down and retain profit in your debt to the max...we have no crystal ball at CAG......

 

Given that this is a hearing for Strike out /Summary Judgment and the claim not having been allocated to SCT then costs wont be fixed and CPR 44.2 would probably apply.

 

This settlement has it been offered by way of a tomlin order ? F&FS or monthly pay ? any mention of costs in the tomlin order ?

We could do with some help from you.

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No - they will only take the full amount via tomlin order monthly payments,

but do not believe my income and expenditure

and I'm not willing to give them my personal bank details/statements etc so this is a no go.

 

They said they would take 6400 upfront payment to settle the account (although now waiting to see if that has since changed)

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Now they are saying I've rejected all offers, the 6400 isnt on the table, and now they want full evidence of ALL my income and exp in order to consider an offer, including - bank statements, pay slips, proof of expenses etc

 

This is impossible and I'm becoming affected mentally and causing me a lot of stress as I thought I could just settle.

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we'll that's because you keep ringing them

that's the idea

they know you are a headcase cause you keep ringing.

you should never have done that in the first place

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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Im paying these people as I am really struggling from a mental capacity today.

 

I cant cope with going to court and its starting to affect my ability to concentrate on my job.

 

Do I have to pay the full amount in the judgement?

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Yes...and inform the court its been paid ASAP to cancel the hearing.

 

 

Andy

We could do with some help from you.

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They got me, they won :

( I'm really sorry for the anticlimax after all the effort you all have put in for me guys.

 

I've learned an awful lot from this and will keep my monthly contribution going indefinitely to this site as I think more and more people should be aware of it.

 

Also, I am in the tech business myself, if there is anything I can contribute for the forum on this side please let me know.

 

Guys urgent question

- they have now added another £700 in expenses on top of the original WS application form

- can they do this to me?

Really need to know asap.

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Added £700 to what...where ? Tomlin Order ?

We could do with some help from you.

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Wonder if they are going to seek judgment anyway, just a stunt these charlatans would pull; have they submitted an amended WS to the court with the extra £700?

 

You might have been better to have fought them.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Taking you for a fool no doubt

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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thanks

 

You guys should try and spend as much time understanding the psychological support avenues for people like me on this site, as well as trying to get people to defend their cases.

 

Court and legal action is not for everyone, and I simply could not risk a CCJ combined with the stress of probably 1000s more legal costs being claimed on top of what I already owed.

 

I just wanted to put this whole episode of my life to bed.

 

In terms of the settlement, it was £400 more than the amount stated on the WS.

 

They said this was the additional costs incurred during the negotiation period.

 

My question is are they allowed to add amounts on top of the noted costs with the original WS and application for Summary Judgement?

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We do fully understand the psychological aspects of dealing with matters as such...and appreciate court is not for everyone and everyone must deal with it in their own way in which they are comfortable and can handle the pressure.

 

Until if a claim actually gets to judgement...then the figure can vary in negotiations to settle...but given the the very limited information of how you actually settled then its difficult to advise.

 

If you did settle by consent (Tomlin Order) then there would be a cost to drafting the schedule and also a cost to file it with the court (draft would be from a standard template) and the court fee £50 so I would expect £100 tops...not £400 variance.

 

I would assume they have recouped their costs for their application for SO/SJ...and possibly requested a refund from the court at the same time...given the permitted time frame to vacate.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Court and legal action is not for everyone, and I simply could not risk a CCJ combined with the stress of probably 1000s more legal costs being claimed on top of what I already owed.

 

they cant add anything more that whats on the claimform

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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Share on other sites

Court and legal action is not for everyone, and I simply could not risk a CCJ combined with the stress of probably 1000s more legal costs being claimed on top of what I already owed.

 

they cant add anything more that whats on the claimform

 

Hang on then have they lied to me and taken another 400 quid illegally?

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