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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.  
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    • 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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Pre 2007 CCA agreement received from Cabrot / Halifax


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Hi there

 

I am guessing this is a common problem.

 

Around 2 years ago, I received a threat from Cabrot regarding an £8k credit card from Halifax taken out in 2000 (I think - may have been 2001).

 

I followed instructions and sent them a letter requesting a copy of the CCA and got the usual BS saying they couldn't find the file but I am still liable for the debt, the last I heard from them was August 2016.

 

Anyhow, out of the blue. Yesterday, I received a letter from our beloved friends stating they had found said documents and they believe these were enforceable to obtain a CCJ.

 

There is no signature on the forms and the page numbers do not correspond properly with corresponding numbers either missing or duplicated (I have copies attached with details blanked out - I can only upload 5 but have another 5 or 6).

 

Additionally, there is no credit limit either, just a note to say that it will be determined and could vary. They do however, have my name & address on the top of the form.

 

Based on this would it be enforceable and accordingly, how should I reply?

 

I had hoped this had been put to bed but sadly not and I'm hoping I am not screwed.

 

Thanks in anticipation.

 

KR

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Pop your scans up as ONE multipage PDF please!!

 

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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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

No, but it is a similar scenario. Please find attached PDF.

 

The situation is that the card was taken out in 2000.

I got into major financial difficulty in 2005 and entered into a DMP.

I ceased payments end of 2013/ early 2014 as I didn't realize I was on a DMP but thought I was on an IVA.

 

I sent a CCA request in 2016 (May I think).

I got the usual BS, but didn't hear back from them until August 2016 saying they can't find it and I was still liable.

 

The next I heard was this letter yesterday.

 

My situation is that I reside in the USA, however, it is always a possibility that I will return.

 

I do get to work out of the London offices for around 2-3 months of the year and I don't want to get bogged down by this & having a CCJ against me is not ideal (obviously).

 

I am here in the UK at the moment as my grandmother passed away and their timing is impeccable.

 

The letter dated was Apr 12th arrived day before last at a family members address.

 

- Do they have a case given that the agreement is not signed or dated?

 

- Does it matter that it is not an exact copy?

 

- Does it matter that the pages are not synced correctly?

 

- Does it matter that PPI was applied w/out my knowledge?

 

- Should I request a NoA and copy of DN?

 

I'd almost prefer to pre-empt this and kick it into the long grass if possible as I've got under 2 years to go before it's SB.

 

I beat them in that other thread

case brought against me in 2015 for for £1500 and they wrote to say they couldn't find the required documents, so were not pursuing this any further.

 

If anyone can advise that would be great - thanks

Name and address is showing correctly at the top of this sheet.pdf

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pers id let this run

2 sets of T&C's

that they cold have gotten from their filing cabinet or here and typed your details on

 

no signed agreement which for 2000 take out they will need if they progress this to court

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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post 6

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

I know people are busy, just an idea would it be wise to send off a SARS request?

 

Only if you intend reclaiming PPI..it wont help with the agreement.....only a section 78 can be used...which you have done and they have complied with a reconstituted version of the agreement...they dont have the original.

We could do with some help from you.

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So shall I ignore or write back saying this is not the original? (Obviously worded better than that). The reason I ask is because I mostly live overseas, I don't want this rearing it's head with court action and then it's more difficult for me to deal with.

 

They do have my address in the USA but they refuse to write to me there.

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they cant they know you are resident abroad.

they cant go to court knowing that.

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

Thanks for your help.

So that'll explain why they keep writing to my recently deceased grandmothers house.

The plan is now for that house to be sold so that option will be taken away within six months subject to legal proceedings etc.

 

Would you advise I write highlighting again that I am overseas with no address in the UK and the only address I have is in the USA?

 

I did wonder about calling from my USA cell which would undoubtedly show up on their caller ID.

I'd normally be adverse to this but it may make them realize this.

I even copied my drivers license etc. in with key info like DOB and ID # deleted to prove my living overseas.

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you have informed them legally you reside abroad

you have written to them and told them that is NOT your address but was used as a C/O address for a time period

that is now ending.

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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