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    • 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?
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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.

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      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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Link + deceased MILs 1st National Loan from 1993 she was still paying them .


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Hi,

 

I could do with some advice please.

 

My mother in law recently passed away and we are going through all the paperwork for probate.

She had an unsecured personal loan with first national for £13,750 taken out in 1993 for a conservatory.

 

The current paperwork is from Link Financial Outsourcing stating the debt is now for £22,667.

She was only making a payment of £6.00 per month as was on a low income.

We have little information to go on & my MIL only mentioned that they were a horrid company to deal with & refused a settlement offer to clear the debt a number of years ago.

 

How can we find out some information on this debt & if it was handled correctly?

Why it is such a massive amount compared to the original amount borrowed,

I appreciate they have probably added a large amount of interest.

 

What is the correct way for us to deal with it as we certainly don't want to be making a full settlement from the estate for that amount as it currently stands without being more informed.

 

Any advice would be appreciated.

 

Thanks.

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Ignore link. Theyre a DCA and they definitley wont have the original finance agreement which they will need to collect anything legally.. They know it but they are that greedy they will lie, cheat and threaten you into paying. Even on a deceased persons debt.

 

imo ( and only mine) im pretty confident you wont have to pay them a single penny.

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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seems like as link do

they've been cash cowing your mother for years.

 

 

its not secured so bugger and all they can really do

ignore them

 

 

a DCA is NOT A BAILIFF

 

 

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... 

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It may be that Link as a DCA cannot themselves take action but if you are the Executors be cautious about distributing the estate to the beneficiaries without paying off the debt. As MIL has been paying off the debt, albeit only by a small amount, it presumably isn't statute barred so the original lender (or someone they have assigned the debt to) could take action to recover the outstanding debt from the Estate. (I'm assuming the Estate is solvent and could, in principle, pay off this debt and all other monies owing.)

 

Executors are not personally liable for the debts of the Estate eg if the Estate is insolvent, but if Executors distribute the Estate without settling a debt that they knew existed and was legally enforceable the debtor might be able to take legal action to recover it from the Executors personally.

 

Whether in practice the original lender/assignee would find out about your MiL's death, and if they did be able to pursue recovery in court, I don't know. But if I were the Executor I'm not sure I'd want to risk my own money by ignoring it.

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It may not be SB but that doesnt mean its legally enforceable. CCA them.

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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Thanks for the replies. We fully intend to make them aware of her death. We just aren't happy to settle a debt that's so old, inflated and may not be enforceable, especially when a previous offer to settle the debt was made..

 

What do you mean by CCA them? What does this involve?

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As ivce said, it is extremely likely you wont have to pay a penny. CCa them as they are very unlikely to ever get the original agreement for that account. No original agreement, means no payment.

 

Link are the biggest fleecers out there and will lie, cheat and threaten until people break down into paying. Dont be one of those.

 

CCA is a legal request for a copy of the original agreement for the account. This agreement is needed to enforce any payment through courts. No agreement, no payment.

 

HOWEVER, the first thing i would do is send the death certificate and see if they will close the account. If they dont, then hit them with the CCA request. Play nice to start , then hardball.

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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CCA request

they must hold the signed agreement for it to be enforceable

which if link have it it wont be!!

 

send the original creditor an sar too get ALL the paperwork.

I bet there was no legal remit in the agreement for fleecing link to add any interest

there never is

but its one of links favourite trick they pull when they get blindly paid by a frail OAP.

 

one guy some years back paid over £17K to them on a £5000 loan

 

this is where your MIL's money has gone

 

http://www.mirror.co.uk/news/uk-news/boss-of-a-debt-chasing-firm-link-financial-790005

http://www.homesandproperty.co.uk/property-news/news/millionaire-debt-collector-digs-deep-south-kensington

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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  • 2 weeks later...

Link responded to our letter advising them of the death. The letter was sent recorded delivery.

 

Their letter stated "We are attempting to finalise matters and would be grateful if you could confirm whether there will be sufficient funds available from the estate to settle the account. If you are not dealing with the affairs of ........... would you please either pass our letter directly to the Executor to deal with or provide us with the relevant details."

 

A SAR will be sent this week.

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aint going nowhere without enforceable paperwork

and until them they've no right to demand anything

ignore 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... 

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Share on other sites

Will we encounter any difficulty requesting information as we are not the individual?

 

Should my husband refer to the person in the letter as his late mother and then her full name or just use her full name?

 

Do you advise he signs the letter off as Executor or just in his name?

 

Sorry for the questions just want to be clear as it's different when you are not the individual making the SAR

but you are doing it on their behalf as they have passed away.

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sign as exec

send proof of being exec.

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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Share on other sites

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