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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.

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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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    • 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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Omg This thing is scary


Jen Runciman
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Bank of Scotland v Cowbag 13

Story so far

25 Aug sent the S.A.R - (Subject Access Request) letter, received my statements on day 42.

Sent letter requesting repayment of charges on 3 November for last 6 years amounting to £6118.30 before interest. Now as my branch is in England but i live in Scotland i understand i can claim in English courts, please correct me if i'm wrong now. The bank have written to me refusing payment so am about to send letter threatening court action before i plough ahead with the actual court. As i say this is very scary. All help greatly appreciated. i also understand that if i am successful the bank has to re instate my credit rating as it is at an all time low!!!!:|

Cowbag 13

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All the answers are here...spend as much time as you can reading other peoples threads. Everyone has the same fear about this point.

 

Can't advise you regarding the courts thing, somebody else will no doubt.

 

I'm at the LBA stage claiming £8200 before interest so the wife is nervous as h*ll.

 

The FAQS are very helpful too....

 

Good luck

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Yes Jen, they're all right about that - but it'll be the most worthwhile headache you've ever had. You should indeed be able to claim through the English courts if the defendant has offices or branches in England.

 

Check out the threads about Contractual Interest, too. They are big, but they ARE WORTHWHILE. Don't send your LBA until you have read them, and understand what a difference claiming it can make.

 

The people here are truly amazing. Dive in, read up, and ask around.

 

All the best,

 

Bill. :)

 

PS - You'll probably find your defendant down there is HBOS plc., Trinity Rd., Halifax - or possibly their Leeds office.

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Thanks very much for your replies they are all greatly appreciated. I am reading as much as i can before i need to lock myself in the padded room!!! I get to a point though where too much info starts to get confusing, must be a blonde thing!!!

Cowbag 13

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Thanks very much for your replies they are all greatly appreciated. I am reading as much as i can before i need to lock myself in the padded room!!! I get to a point though where too much info starts to get confusing, must be a blonde thing!!!

 

No, Jen - I ain't no dumb blond, either, but it can be a bit like studying for an exam. You have to do it gradually, then you have to do it again !!

 

Not easy for simians like me, but I found it fascinating first of all, especially when you see what some of the guys here know. Then you start to get to know some of the regulars, and it becomes a little village. Don't hurry, though - it ain't a walk in the park. More like a game of golf - you won't get to the 19th if you rush it !!

 

HTH

 

Bill.

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No, Jen - I ain't no dumb blond, either, but it can be a bit like studying for an exam. You have to do it gradually, then you have to do it again !!

 

Not easy for simians like me, but I found it fascinating first of all, especially when you see what some of the guys here know. Then you start to get to know some of the regulars, and it becomes a little village. Don't hurry, though - it ain't a walk in the park. More like a game of golf - you won't get to the 19th if you rush it !!

 

HTH

 

Bill.

 

Get back in your cage - you'll scare the poor girl!

 

Hi Jen,

 

Bill is right a few days and you will start to understand the wholething and your confidence will grow - well his has anyway now hes over 400!

 

Any questions Jen just postthem and someone wil lanswer.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Get back in your cage - you'll scare the poor girl!

 

Hi Jen,

 

Bill is right a few days and you will start to understand the wholething and your confidence will grow - well his has anyway now hes over 400!

 

Any questions Jen just postthem and someone wil lanswer.

 

Dammit, Gizmo !! You caught me doing my jungle strut !!

 

See what I mean, Jen - there's always someone watching out for you.

 

Dammit !! :lol:

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