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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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    • 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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Personally I think you're on a hiding to nothing as from your posts you knowingly failed to disclose a material fact which has a proportionate effect on the deal agreed/contract. Theoretically they could come after you come after you on an attempt to defraud. The fact it was only at the last minute they uncovered this as it could be argued this was part of due diligence. Prior to this I would deem it to be an invitation to treat. I think you might be on a bit of a sticky wicket here so would suggest it might be best to let sleeping dogs lie??

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sorry but this is mainly completely wrong.

 

 

Funny that as your subsequent statement on this post seems to support the fact. Further as you know until money exchanges hands the contract is open and the OP has openly and publicly admitted he knowingly did not inform the trader of a major material fact that would affect the contract price. I think if this went to court the trader would have a good chance of winning. As I point out the trader did indeed carry out due diligence prior to contract conclusion where the issue became apparent. However under these circumstances the trader should return the deposit and the OP should bare this in mind when trading in the car. At the end of the day is the OP prepared to go the distance with the challenge? It will cost more than the deposit lost, carries huge risk and could potentially cost the OP more than the deposit. I'd personally advise the OP walks away and put's it down to lessons learnt

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funny that as your subsequent statement on this post seems to support the fact. Further as you know until money exchanges hands the contract is open and the op has openly and publicly admitted he knowingly did not inform the trader of a major material fact that would affect the contract price. I think if this went to court the trader would have a good chance of winning. As i point out the trader did indeed carry out due diligence prior to contract conclusion where the issue became apparent. However under these circumstances the trader should return the deposit and the op should bare this in mind when trading in the car. At the end of the day is the op prepared to go the distance with the challenge? It will cost more than the deposit lost, carries huge risk and could potentially cost the op more than the deposit. I'd personally advise the op walks away and put's it down to lessons learnt

 

this ^^^^^

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At last, people are beginning to see the point. Yes I believe you should be entitled to the deposit back which I have previously stated but what were the terms and conditions of the trade in. The OP has admitted he omitted the fact it was a Cat D write off which has a material fact on the contract. I think this is another case where the issue is being egged on which will lead to tears.

 

 

For the £500 involved I'd be walking away and putting down to experience at the moment. It just isn't worth the risk! Morally I think the dealer should reimburse as I have previously stated but then again, morally you should have disclosed the status of the car at the time. At the time of contract you knowingly did not disclose a material fact and there is no escaping that irrespective of what bankfodder says.

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And the dealers response could be:

 

 

Yes we admit that happened but subsequent due diligence checks prior to execution of the contract showed up material facts which had been deliberately withheld. We contend that this was done with intent to defraud.

 

 

How do you intend to get out of that?

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And the dealers response could be:

 

 

Yes we admit that happened but subsequent due diligence checks prior to execution of the contract showed up material facts which had been deliberately withheld. We contend that this was done with intent to defraud.

 

 

How do you intend to get out of that?

 

 

Hi Helios

 

the OP should have declared that his car was a Cat D....without question.

 

the dealer eventually did the right thing by hpi checking it and backed off (i would have backed off too)

 

the dealer ought to have held the original deal open but taken the px element out of it.

 

But they cannot 'fine' the OP for trying to defraud them. Only a court can fine you for doing something wrong.

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Where have Helios' an my posts gone?

 

FWIW I AGREE that the op should get his money back - ridiculous, they can't just keep his money.

 

And I'm not suggesting any fraud either - but the OP SHOULD have declared his Cat D at the time.

 

These motoring boards are getting quieter, which is unsurprising if you're going to censor them to show only your POV.

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Totally agree Oddjob, Bank fodder owns this site and controls it and if he or any or any other members of his site team disagree with opinion voiced then it tends to be moved or deleted. But then hey ho, who are we , or what position are we in to question a dictatorship? It would be nice to know how much he earns out of it too!

 

 

Both you and I have pointed out we agree the OP is entitled to the deposit back (something he seems to have missed) but what we are both pointing out is that a failure to disclose a material known fact on a pre executed contract allows parties to withdraw from that contract and at point of execution!

 

 

To be honest, the reason this site is getting quieter is:

1. Because of the above

2. The lack of credibility in some of the responses. Especially from the site team.

3. The lack of detail in the original question asked.

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