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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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      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.
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Cabot Letter Before Action old LLoyds Credit Card.


Meadow_S
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Hi - I got advised to log my story on this site by MBaxter who I often work with in the states. He cant sing your praises highly enough.

 

1. I have an outstanding debt from a Lloyds C/C for just over 6k.

I received a letter before action sent to a relatives house who I have registered for my mail.

 

I do come back home every 3 months for about 10 days at a time and I am not sure whether I will stay here or not.

I own no property or assetts in the UK, so they can't touch me there but I don't know whether I will return to the UK as the industry we work in is changing fast and there is a possibility by the end of 2017, I could be back in the UK and don't want them to hit me with a CCJ by default.

 

2. The debt is from 2000 and I was paying said fleecers via Stepchange about £50 a month from 2008 up until June 2013 but I realized the outstanding amount was increasing. As a side note, it was Mbaxter who spoke to me about his DMP and I advised him on what I had learnt about my debt increasing so he stopped paying his too.

 

3. There had been several letters from them that I had asked my family member to open for me threatening to take my first born etc.

But about 8 weeks ago, I received a letter which was "a letter before action" from their solicitors.

 

Having read other threads on here and other sites, I sent them a CPR31 letter which I scanned and emailed to my relatives who sent it recorded delivery for me, with a footnote that I am living overseas and that if requested, they can have my US address or continue to write to the UK address in Southampton.

 

4. Tuesday, they sent a letter back acknowledging my letter, saying that they have referred this back to their client and that they will no longer be looking after this case anymore.

 

My question is,

should I send Cab's a CCA request for this now or should I await further communication from them

I fear they maybe serving court papers, so is it best to get in quick with this?

I am back next week for the Easter break, so I can send this myself.

 

I'd appreciate any advice anyone can offer.

 

Thank you.

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Hi Meadow_S and Welcome to CAG

 

I have moved your thread to the appropriate forum. (Debt Collection Agencies)

 

One point re the above...you cant use a CPR 31.14 until a claim has been issued against you (litigation has commenced)

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy and thanks for getting back to me.

I'm having problems sending my post so hopefully this goes through this time.

I'm covering a night shift so may not be able to deal with this till later.

 

I'm sure you can guess where I got that advice from which was why Mike advised coming here instead.

Will having sent a CPR 31 out cause a problem and if so how do I deal with it?

should I send out a CCA request to Cabrot now or do I await a response from them?

 

Thanks

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They will disregard the CPR...and yes you should send a CCA request now

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Great thank you. I'll deal with that later but it won't go out til tomorrow due to time difference. Would you advise I prove that I am living overseas or just leave as is?

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Great thank you. I'll deal with that later but it won't go out til tomorrow due to time difference. Would you advise I prove that I am living overseas or just leave as is?

 

Its irrelevant really...if you don't intend returning to the UK I personally would ignore them...but there again I would ignore them if I resided in the UK also:madgrin:

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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The trouble is I'm not sure.

My work visa expires in early 2018 and the way our industry is at present, I may not be able to get it renewed although who knows what will happen if Trump becomes president - lol.

 

I just don't want to come back to find that I've got a CCJ against me and could do with/out the hassle of fighting a court case from this side of the water.

Thanks - Meadow

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Then send the CCA request:-)

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 years later...

post above moved from recent thread

 

result then!

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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