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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
    • 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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Idem claimform - lloyds mastercard


welshandproud
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Hi guys

a pointer on this one please,

 

i sent off a CCA on 28/06/2018,

had the normal letter back saying they couldn't find the T&C/Contract but will carry on looking.. roll over to Friday 21/9 i get the T&Cs in the post..

 

there are 2 things that is wrong in the T&Cs,

1 the address is my currant one and not the address when i opened the Acc and

2 the £10 yearly charge that i know wasn't on there,

also my signature is not on there at all,

 

the Acc was opened in 95.

i think what they sent me is all kack.

what would be the way forward on this?

 

sorry forgot to add.

 

Thanks for pointing them out.. i've redone 1 & 2

docs1.pdf

Andy

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CCA in june 2008? are you sure about that date or is it a slip if the finger?

however as the contract was prior to 2007 they should ahve included all of the original paperwork and not just the basic bit they ahve . They are not the original terms because the telephone numbers arent correct for the time (well pre april 1995) so a reconstituted offering

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pdf's merged in post 1

thread tidied

 

wheres your sig too

what muppets no that's just a set of T&C's

 

whats the history?

is it on your credit file? I doubt it?

last payment?

 

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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so you've not paid within 6yrs?

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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ok

i'd let this run

 

see where they go .

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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  • 3 months later...

Ok guys a little help is needed i had a letter from Idem on the 11th of Jan saying that they are passing my details on to their litigation dept..

fast forward to today i've received a CC summons..

 

not sure where to go from here? help needed please.

 

Idem 24-01-2019 edit.pdf

Andy

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sorry had to hide your uploads

name clearly unredacted on one

and we know what a claimform looks like so we don't need to see that either.

 

thread moved to legals and thread title updated re the claimform….

 

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-Jan-2019**(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... 

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Share on other sites

Name of the Claimant ? Idem Capital Securities LTD

 

Date of issue – 22 Jan 2019

 

Particulars of Claim

 

1) An agreement between Lloyds TSB and Defendant/s (D) subject to standard terms and conditions.

2) Claiment © purchased the debt on 17.06.2015.

3) It was a term of the agreement that if any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable, less (on payment) any rebate to which D might be entitled.

4) D failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay the sums due, which consequently become immediately due and payable. Formal Demand issued 10/01/19.

5)D has failed to pay the outstanding balance of £ 2299.18

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) If that was the later dated 10/01/19 then yes NO

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

 

Did you inform the claimant of your change of address?

 

What is the total value of the claim? £2299.18

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after April 2007 ? Before 2007

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure of any notice

Did you receive a Default Notice from the original creditor? Yes but its not on my Credit file anymore

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Cant remember

 

Why did you cease payments? I believe i was being cash cowed

 

What was the date of your last payment? 11.06.18

 

Was there a dispute with the original creditor that remains unresolved? Not that i believe

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? i was with Step Change.

 

i think that's all.

Edited by Andyorch
Amended PAPDC

Andy

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no doesn't say letter of claim nor have a response pack with an I&E to complete

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

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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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usual rubbish idem poc I see - Claimant issued a default notice - no they didn't they are not the original creditor and cant issue default notices...

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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I've just found the PAPDC, didn't even know i had that, must have missed it some how.

It was dated 30th Nov 18.

 

I did send a CCA on the 28/06/18 had the norm response, we'll look in to it, then i had a response dated 11/09/18 as post #1. it has the wrong address from when the acc was opened and no signature, just looks like a set out T&Cs from some where.

Andy

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well you can send a new cca if you wish ...no harm there.

 

get post done

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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yes bottom of post 13

 

…,then use your time wisely before that date

 

search CAG box of the top redtoolbar

 

claimform card.

 

the more you read the stronger we become

 

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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that's interesting one if they get the address wrong in the reconstituted agreement, is the agreement valid?

 

Must have the address at the time of inception

We could do with some help from you.

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Then dont mention it ...save it for your witness statement.

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

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  • 3 weeks later...

Morning guys, after sending off the CCA i've had the so called T&Cs back, but they are the same as the one that i put up in post #1 and address is still wrong.. i've not had anything back from the CPR 31:14.

not sure what to put about defence? any advice would be helpful?

Andy

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Did you not find anything suitable with the 1000s of holding defences in the following link.....I noticed you had viewed quite a lot on the 27th Jan your last visit.

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

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

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Hi guys if you could just take a peek at this for me, i'm about to submit it. i'm hoping that its up to scratch?

1) An agreement between Lloyds TSB and Defendant/s (D) subject to standard terms and conditions.

2) Claiment © purchased the debt on 17.06.2015.

3) It was a term of the agreement that if any instalment was not paid on due date, C would be entitled to repayment of outstanding balance of total amount payable, less (on payment) any rebate to which D might be entitled.

4) D failed to pay instalments due. C issued a Default Notice requesting payment D failed to pay the sums due, which consequently become immediately due and payable. Formal Demand issued 10/01/19.

5)D has failed to pay the outstanding balance of £ 2299.18

 

defence

 

1.The Defendant contends that the particulars of claim are vague and generic in nature. 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.

 

2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Lloyds TSB. I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply. I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Lloyds TSB.

 

3. Paragraph 4 is denied I am unaware of any Default Notice allegedly served last year from either the Claimant or Lloyds TSB

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/breach requested by CPR 31. 14,and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Idem servicing, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based.

 

6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Andy

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