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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Advice with this NEXT letter


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Hi all

 

My gf decided to send some CCA requests after i had done so with the brilliant advice on here and i enclose the reply she got from NEXT. I know they can send a true copy but what does that actually mean?

 

If you look, they say they enclose 3 sheets: true copy, current copy, statement of account

 

BUT there are only 2 bits of paper attached, so i dont know if thats a genuine mistake, or if they mean the true copy and current copy are the same thing??

 

My main question is, what should we do in reply- keep paying? (its currently on a DMP) or tell them feck off

 

as far as i know this would have been a next catalogue debt

 

the letter was sent to Moorcroft who must have sent it to next.

 

It seems this is a blanket letter thats not even been read: i used the template on here and nowhere does it say that the debt is unenforceable like they claim i stated??

 

thanks

tre next.pdf

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check through their paperwork with a fine toothcombe. Next will try to fob you off with a doc that does not comply.

 

a pre April 2007 true copy/recon can be problematic for the creditor, where enforcement via the courts is concerned (ccj). They can however sell the debt and/or try to chase for payment.

 

If the paperwork they have sent does not comply and they sell on the debt or a dca sells on the debt, you can send Next or the dca a sold whilst in dispute letter.

 

check on this site as to what should be included following a c/a request and what is, is not enforceable.

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When was the account opened?

 

If youre unsure, the start date should appear in the credit files on clearscore and/ir noddle.

 

Pre april 2007 it must be the original

Post april 2007 it can be reconstituted

 

These dates are important

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Hi everyone

 

thanks for the replies. On the paperwork they sent the start date is 17/10/05 and also on the t&c sheet there is a small part that says " until the 24th nov 2005" so it must have bene opened before then

 

so you think they cant take this to court? ive read that by placing orders and paying for them this constitutes some sort of agreement but doesnt that matter in this case?

 

reading between the lines the letter seems to have a general tone of "we can report you to the CRA" but not much more

 

thanks

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They need the original pre 2005. They know this and hope you dont

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If they havent fulfilled the cca, just ignore them. If moorcroft are involved, then the debt is likely unenforceable. However, start doing your homework. Check for reclaimable charges etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Late payments fees, overlimit fees, returned dd fees, anything that has a fuxed fee

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It was stopped for bank accounts unless there is clear "financial hardship", that may give rise to a claim.

For all other account types they are still reclaimable.

 

You would need all the statements in order to establish all the fees charged, if you dont have them then a SAR would get you them from the original creditor.

 

There is the 6 yr limitation rule but this can be overcome virtue of s32(1)© of the limitation act 1980, which clearly states that the limitation period does not begin until the "mistake" was discovered by you.

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Your welcome, get a SAR off to them if you dont have the statements, there are templates in the library, do not simply print and send, adapt it for your own needs and dont post the template on thread.

Include a £10 postal order for the statutory minimum fee

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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