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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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    • If you are buying a used car – you need to read this survival guide.
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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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      Many thanks 
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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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      • 160 replies
    • 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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hi

 

i sent the alliance and leicester an LBA, ive had the usual reply, ie sorry we do not accept .... blah blah-

 

before i issue a court claim is it ok to add another charge ive incurred since i sent my letter ?

 

just want to get my facts right before i add another £100 pounds or so to their total

 

thanks

 

 

gaz

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  • 3 months later...

hi all

 

as above ive now got a court date but as i didnt get paid properly last week ive incurred another £75 charges this month ???

 

is it possible to add them to my previous total before isend all my court bundle etc to my bank

 

thanks

 

gaz

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as im preparing my court stuff, im just wondering why is it so important to include a copy of the terms and conditions- they dont actually break any of these do they ? is it just because this shows their terms are unfair?

 

id just like to clarify it for my own sakes- i can be a bit slow on the uptake if anyone is wondering

 

thanks

 

gaz

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on the t and c it describes them as charges for a long time and even with breakdown sent by solicitors shows them as charges.

 

fees are only the things like the overdraft fee which you dont claim anyway.

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HI u can change it any time up until u apply to the court as far as im aware! Some one with alot more knowledge will hopefully correct me if im wrong. :lol:

 

thanks i just had an offer from my prelim which i will be rejecting so wanted to make sure I could add the further charges on that I have had since the end of march when I sent my s.a.r off!

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I believe the guy who lost to Lloyds TSB did not have his T&C's in his bundle, which went some way towards him losing his case if I remember rightly, even though he was otherwise well prepared.

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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I am reclaiming my overdraft fees, because they varied every month and I wouldn't have been overdrawn if it hadn't been for their unlawfully debited charges.

Nil Illigitimus Carborundum

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Ive acquired more charges since my claim, got a prelim prepared for soon as this claim is sorted

***************************************

Feels like a lost little girl x

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hi all

 

im preparing my court bundle (many thanks to mimijane), and i ve looked at all the t&c found on this thread and what i can find on a google search- from what i can see i dont think any of these are applicable. ie the ones ive seen dont say that "if you go overdrawn, or we have to pay a failed debit you will incur a charge" etc etc.some of them are definitely just genaral t&c and dont really include current account terms.

 

is this not the type of thing a judge will be looking for? i can find a list of 'charges' but no accompanying terms and conditions ?

 

any ideas anyone?

thanks

gaz

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  • 2 weeks later...

This is from LLOyds forum for their claimants but it might helphttp://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

 

 

 

Jansus:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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hi

 

just putting my court bundle together, and due to my pc crashing a few month ago i might not be able to get copies of my SAR, and LBA and other preliminary letters

 

will it be ok to just add the templates(filled in like the originals) and just tell the judge that the originals got lost nad these are as close as i can get. best to be honest in case i make a mistake ?

 

surely these arent the be all and end all of my bundle, i ve got the schedule of charges, and my statements, my case law, S of E, ETC

 

any help would be appreciated

 

thanks

 

gaz

 

ps when my bundle is done, im going to index it and provide links to all the info i ve included to help other people sort theirs out.anyone can request a copy when i ve done

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bump

 

sorry not sure of the answer

 

pm a moderator if you dont get reply

 

jansus

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I can't see that being a problem. The chances are the bank will settle before court anyway. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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