Jump to content


  • Tweets

  • Posts

    • 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
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 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
        • Like
  • Recommended Topics

Arrow/Blake Morgan PAP letter re Halifax OD


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2207 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

as post 24

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... 

Link to post
Share on other sites

  • Replies 76
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

issue a speculative court claim I suppose

and hope you wet yourself and blindly pay

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... 

Link to post
Share on other sites

  • 1 month later...

Hi DX100Uk,

 

So an update

- i got a letter for each overdraft through

one from shoosmoths LLP and

one from blake morgan LLP, asking to settle on behalf of Arrow.

Im presuming as these are soliticors they can file for a CCJ?

 

Any advice on what to do?

 

Also if i have unlawful ppi charges to claim back,

should i be aiming to offset these against the debt or claim them back separately with Halifax directly?

 

otal OD's are £3000 and ppi amount to claim back looks like £1300 including the monthly account fees according to what i have been researching are also claimable.

 

I read a thread by 'sculpture' where he/she told shoosmiths to put the matter on hold as he/she was in discussion with Halifax and disputing some issues.

 

When a court claim arrived he/she defended and admited to the overdrawn but challenged the amount due to fees, and because of that shoosmiths actually closed the case stating it was not worth it due to the proprtionality of it. As OD isnt under CCA its new to me.

 

i am not sure how best to play this: i was thinking, although you will probably all suggest option 3 right :D

 

1 - Claim back my ppi from halifax direct and settle a reduced amount with DC

2 - let it go to court and challenge the amount due to the ppi

 

I cant really see much defence with an OD apart from getting the fees back and settling for a lesser amount, possibly breaking even

Link to post
Share on other sites

can we see the letters please

read upload use Pdf please

 

the reclaim goes to Halifax

nothing to do with arrows or their dogs.

 

only the owner of a debt can initiate a court claim

just because a fake/tame solicitor is writing to you means nothing

the letters - if you read them properly don't say WILL anything.

 

as for the sculpture thread

that's from 10yrs ago

and was the OC taking them to court not a DCA

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... 

Link to post
Share on other sites

Absolutely DX100Uk, i hear you and read/remember this and OC only but i hear alot of threads where shoosmiths had taken people to court? Thats why i started to nose around

 

Ok shall upload today as soon as i get home

 

Again thank you for your reply

Link to post
Share on other sites

shoos cant take anyone to court themselves.

they are a solicitor [all be it 9/10 it simply being their letterheads being used in the same printer the DCA threat-o-grams come from think about it...]

 

they act for their clients

if you look at any claimforms/thread titles of recent - the claimant is never the solicitor, they are just the goffer that might appear in court representing their client.

again 9/10 its never shoos anyway just a local bod from the court.

 

its that word instructed...see the letters bet its there..

 

I can instruct my dog to sit

if it does is a totally diff matter....

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... 

Link to post
Share on other sites

Hahaha....

 

Sure thanks i get that

- what i meant was does the DCA (arrow) through Shoosmiths have the ability to take me to court now owning the OD.

The client is now Arrow not the OC halifax.

So can this still be enforced if not the original creditor/overdraft owner (Halifax)?

 

If they are able to take me to court i wouldnt have much defence with an OD from what i understand, so my reasoning said its more sensible to settle than go to court with no defence. But as always i listen to your advice.

 

You are right though the letters are very DCA style indeed - ill upload asap

Link to post
Share on other sites

if defended properly we rarely lose an OD claim here.

 

they are typically almost 90% PPI/charges that make balances up as that's why the OC sold it on.

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... 

Link to post
Share on other sites

is that with interest added using the CISHEET?

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... 

Link to post
Share on other sites

No thats just me going through all the charges and monthly fees. Whats a CISHEET? ive googled it but didnt bring much up

 

I thought since 2009 it was pretty tough claiming back unless you could claim/prove financial hardship. Should i progressing with the claim of my fees back now or wait?

Link to post
Share on other sites

no its just for your ref really

but would be a mighty useful bit of info for a judge!!

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

enter your OD int rate in D15

set the claim to date to the date the account was sold to the fleecers

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... 

Link to post
Share on other sites

  • 3 weeks later...

Apologies for the delay, got a bit bogged down over the holidays.

 

Am scanning and uploading now letters from Shoos and blake morgan

 

I have tried using that CISheet, but seems i need to put in each individual charge? ill get round to this asap

 

how you defend OD, by proving/showing the majority of it was PPI charges?

 

Is there a preferred method for claiming back PPI?

Link to post
Share on other sites

well its way off court yet IF atall

 

but thypically

Defence

 

I accept that I have in the past held a current account with Lloyds Bank Plc. I have not serviced this account since xxxxxx due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account and;.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

........................

 

the PPI should be done the same as the charges but using the statint sheet.

 

against the original creditor.

 

don't do anything yet mind

get your info together.

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... 

Link to post
Share on other sites

the BM letter didn't attach properly

you don't need to put a link in you msg box to it

just upload it.

 

dx

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... 

Link to post
Share on other sites

Wow! Thanks thats amazing

 

Here is the Blake morgan one for the £2k OD.

 

Much more to it, in some points they completely contradict themselves:

 

'you are receiving this because someone intends to take you to court' '..

 

.how has referred your account to us for legal action'..

 

. then as you say typical DC wording '...

it could take you to court' and 'if you dont, it could result in taking you to court'

SH.pdf

BBM.pdf

Link to post
Share on other sites

the arrows letter is offering a discount bogroll

 

the blake morgan stuff is a PAP letter

 

which you must reply too.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

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... 

Link to post
Share on other sites

Ok so does this change much, PAP means they will proceed?

 

So when you say reply you mean send the reply form? You advise Box B or D maybe and dispute the amount based on PPI charges?

 

Do i also request the following (i see it mentions IF the debt is covered by consumer credit only?

 

I require..

SAR? i have this from Halifax already but not Arrow

a copy of the Default Notice

A copy of the Notice of Assignment

 

a complete set of statements detailing exactly how the debt has accrued:

I. All Transactions.

II. any additional charges, be them from the original creditor or the debt purchaser now sending me this form.

III. details of all contractual interest added by whom and on what date.

IV. Payments toward the Agreement

 

Also in the defense statement is says 'The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank' but for the £1000 and the £2000, these were the OD limits, or am i not understanding the wording?

Link to post
Share on other sites

We'll have to do a OD version of post 6 of that thread for you soon

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... 

Link to post
Share on other sites

That would be amazing,

so shall i wait for that as i'd imagine if i tick D i need to submit requests with it in my statement or send Reply form and statement for now?

 

Im trying to do the CISHEET

but ive been through everything,

 

Halifax dont charge a % interest rate,

its £1 per day planned and £5 per day unplanned,

it looks like which can be anything up to 3000% apr on say being £10 OD!

 

Anyone know how to use the form for such figures?

 

Seems most threads are for Cards which give you an APR%

Link to post
Share on other sites

id wait

use the statint sheet 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... 

Link to post
Share on other sites

Uploads unapproved account number and sort numbers showing in the BM upload.

 

Regards

 

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

 

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

Link to post
Share on other sites

Hi Andyorch they were BM sort and account no's i didnt know they mattered as sometimes these are even displayed on company websites. ill get this fixed tomorrow

 

Thanks dx100uk, i'll wait, yes Statint form makes sense, will get through this in the mean time waiting for an OD response to post 6 of that PAP thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...