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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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    • 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.

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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
        • Like

Safeloans - Successful Set asside


neil6534
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I raised a complaint with safeloans

- directly with them

- re irrisponsible lending

 

- I only had one loan with them way back in 2012

- but defaulted

- didnt respond to their letters and eventually got a ccj

 

- but after writing an email complaint to them which was responded to very quickly

and they agreed to get the ccj set aside

 

- I have spoken to northampton bulk centre who have confirmed this

- yipeee!!!

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And just like that you got a CCJ set aside? Damn Neil... YOu are having some success... :)

HAve you checked your CRAs and Trustonline?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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yep just like that - I can't believe how easy it was to get them to agree to my complaint and request for removal of the ccj - It was only confirmed on the 9th feb so have to wait 28 days for its removal from my credit files - confirmed over the phone this morning with the bulk centre

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For anyone else out there who took out a PDL with Safeloans and had a ccj through them

 

- it may also be worthwhile you pursuing the same course of action with them

 

- the reson why

- this is a statement in their reply to my complaint -

 

"Since the time in question we have migrated twice out of previous Customer Relationship Management systems to our current operating system.

 

We have also moved offices in February 2013

 

and we have since closed our lending business on the 01.05.2015.

 

Therefore we do not have all the data available on historic settled accounts".

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DPA Means should have to keep a copy of the info for 6 years minimum as required.

 

 

Interesting, but you got a helluva result fella. Well done!

 

Ill have a Kopparberg for you tonight! :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 11 months later...

Hi the email address I used was [email protected]

 

 

To whom it may concern,

 

My Safeloans ref = XXXXXX

 

The complaint read as follows;

 

PLEASE ENSURE ALL CORRESPONDENCE TO THIS COMPLAINT ARE SENT VIA EMAIL TO ENABLE A FASTER RESOLUTION

 

I am writing to complain about a loan provided by Safeloans which was defaulted by me and subsequently a CCJ issued in August 2012.

 

My complaint is that should Safeloans Ltd have carried out affordability checks and even basic credit reference checks that this loan would not or should not have been approved. As at the time the loan was provided it would have been clear on any credit reference check that I had previously taken out payday loans with various lenders, was currently in debt with other payday lenders and any credit reference check would have also shown defaults with other lenders. All the information available on my credit file would have shown that I was reliant on payday lenders and therefore a risk.

 

Therefore the loan should not have been provided and as such if it had not been provided then I would not have placed myself in a situation where a ccj could be raised against me.

 

I hereby request that you remove all references to any loan, default or ccj for Safeloans Ltd from my credit files.

 

I understand that you are entitled to 8wee

To whom it may concern,

 

My Safeloans ref = 8wks or 56 days to respond to my complaint, but I do ask that you respond sooner so as not to lengthen the time to resolution.

 

Many thanks

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Thank you for that Neil,

I have just had a reply from them, and they are going to investigate my case, how long did you wait between sending the initial email and hearing their decision ?

 

I have also used your template letter for a couple of other payday loans,

 

I will keep you posted,

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