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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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    • We have finally managed to obtain the transcript of this case.

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I Have A Court Date Please Help


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:? Hi All Could Anyone Please Help Me. Basically I Followed All Of The Useful Steps Outlined On This Sight And Had Got To The Stage Where I Had Applied Online To Take The Rbs To Court.

 

they Never Replied Back To The Courts Notification And After A Long Drawn Out Wait Was Issued A Court Judgement In Our Favour As I Had Won By Default.

 

still No Reply From Rbs So I Issued A Warrant Online Which The Bank Were Told They Needed To Reply To......

 

.then Nearly Three Weeks After This And Believing That The Case Was Coming To An End , They Have Now Filed An Application To Set Aside The Judgement Stating That They Never Responded Due To An Administration Error And If Allowed To Take The Case To Court They Strongly Believe That They Would Win.

 

There Solicitor Has Also Asked For Me To Supply My Evidence To Them But When I Spoke To The Court They Advised That If The Judge Requires Anything He Will Ask For This....

 

we Are Now Awaiting A Hearing But I Cant Believe That They Have Been Able To Do This Soo Late On...

 

any Advise Please I'm Willing To Fight Them And Take This To The End But Im Feeling Rather Nervous And Anxious.

 

Is There Anything That You Recommend Me Doing Or Is There Any Evidence On This Sight That I Can Read Over In Relation To The Charges.

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Hi Thanks For Replying....the Bank Applied To Set Aside Judgement 21days After It Was Issued...haven't Had A Hearing Come Through From The Court Yet But When I Called The Court To See What Was Happening I Was Advised That It Can Take Up To Four Weeks To Hear A Response. The Initial Claim Was Issued On The 18 Aug 06 And The Bank Had Until 6 Sept 06 To Respond Which They Failed To Do So The Judgement Was Entered Against The Bank On The 8 Sept 06 And Then A Warrant Was Issued On The 14 Sept 06

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Is this claim taking place in scotland or england?

 

And 'pm' means send a private message to someone.

 

It may help people to advise you/comment if you post some details of your claim.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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You may apply to set aside a default Judgment at any time - read this for the circumstances:

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

Like Glenn said, we're flying in the dark without more detail.

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Hi Thanks For Replying Glenn This Claim Is Taking Place In England My Claim Is For £5000 And Has Been Ongoing Since The End Of June The Rbs Have Only Made Contact With A Standard Letter At The Start But I Had Not Heard Anything Off Them Until They Filed To Set Aside The Judgement Is This Normal

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James

 

You need to basically summarise your claim so far and any reposnses/defence from RBOS. From what youre saying though you dont have anything until the request to set aside the judgement.

 

I do wonder whether you can write to the court opposing the application to set asied the judgement since it (CPR 13) does require the applicant to make aprompot application.

 

Do you know DNA and also is it likley to have any bearing on the courts decision?

 

Is there a time specified for which to respind back to the courts?

 

If noy give them a ring and ask if you can object the application to set the judgement aside based on the lack of a case on the part of the defendant?

 

GLenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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In my experience, when someone submits an application to set aside Judgment, a Judge will normally decide the application at a hearing unless they feel they can deal with it on the papers alone. There are some procedural reasons where the Court can and will set the Judgment aside, they are all explained in CPR part 13. If James's claim does not fall into one of the "automatic" set aside categories, then he'll (unfortunately) have to wait and see what the Court decide. If RBS can demonstrate that they have reasonable prospects of successfully defending the claim, a Court may be minded to set aside the Judgment and issue directions for the future conduct of the matter - again, this is entirely at a Judge's discretion. One thing in James's favour - Courts tend to take a dim view of Defendants ignoring timescales laid down by the CPR in responding to claims, especially if that Defendant is a company (and probably with Cobbetts' backing) - so he might get lucky and the Court will refuse to set aside and the Judgment will stand, James can proceed with his Warrant and RBS should pay up.

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  • 1 month later...

hi ihave been to court today 27/11/06 to face rbs who wanted to set aside judgement as they never made contact until i sent a bayliff to collect my money. Got to court at lunch hoping no one would turn up but rbs sent there represetative from cobbetts she was not a very nice person but the judge was fantastic, but unfotunatly had to set aside judgement and gave a court date for next week. The judge metioned that he had not heard of a case to go to court and warned the women from cobbetts this had big implications for the rbs if they lost and told me i need to be able to prove that the charges are penalty charges can anyone give me a bit of advise as to how i should argue my case thanks

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What court and who represented Cobbetts?

Advice, information, data, opinions, etc of JustWon, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

If I don't respond please don't think I am ignoring you as, due to other commitments, I have little time to spend on the board.

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Emily Duckworth that will be

Advice, information, data, opinions, etc of JustWon, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

If I don't respond please don't think I am ignoring you as, due to other commitments, I have little time to spend on the board.

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Advice, information, data, opinions, etc of JustWon, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

If I don't respond please don't think I am ignoring you as, due to other commitments, I have little time to spend on the board.

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No. Heard of her though. If you goto the NatWest forum and ask you will find others who have dealt with her, if it interests you.

Advice, information, data, opinions, etc of JustWon, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

If I don't respond please don't think I am ignoring you as, due to other commitments, I have little time to spend on the board.

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I know it takes some reading, but have a look at this thread:

 

Contractual Interest: Full Details of Case against RBS including pleadings

 

Basically the claimant states that there was no contract between them and the bank. They appear to have divorced the T&C's from any contract, first of all. If the defendant cannot supply hard-copy signed contract, then they have no right to charge anything - No contract = money was "nicked".

If the defendant insists there was a contract quoting the terms and conditions, and use them to claim 'equity mutuality and reciprocity' then the charges were penalty charges - case pretty much proved. I've simplified that very much, you need to make sure you understand the claim - but I think it will help.

 

 

Best of luck.;-)

 

 

 

 

:lol: Sweetrevenge :lol:

Don't get mad - get even!

If I've helped you please hit my scales 'n' bump my rep!

 

RBS (My A/c) S.A.R - (Subject Access Request) sent /10/06, statements rec'd 20/10; Prelim sent 3/11/06, s*d off letter rec'd 20/11; LBA sent 28/11, Settlement offer rec'd 18/12

WON at LBA with compound contractual interest £607

 

RBS BF Account S.A.R - (Subject Access Request) sent 4/11, part response rec'd 28/11, further info sent 3/12 awaiting statements at 20/12, Sent LBA 19/01/07. Received all statements resulting in 3 claims, £1,278, £4,279 and £7,250(!) all with contractual interest.

 

 

This is now very out of date!!!!

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I know it takes some reading, but have a look at this thread:

 

Contractual Interest: Full Details of Case against RBS including pleadings

 

Basically the claimant states that there was no contract between them and the bank. They appear to have divorced the T&C's from any contract, first of all. If the defendant cannot supply hard-copy signed contract, then they have no right to charge anything - No contract = money was "nicked".

If the defendant insists there was a contract quoting the terms and conditions, and use them to claim 'equity mutuality and reciprocity' then the charges were penalty charges - case pretty much proved. I've simplified that very much, you need to make sure you understand the claim - but I think it will help.

 

 

Best of luck.;-)

 

 

 

 

 

Even although that case relies upon the arguement of "there being no contract purporting to allow the Defendant to levy the charges to the account" it has the standard penalty charges arguement (UTCCR, UCTA, common law, etc) as a back up. Also it has a modified rebuttal to the service defence arguement (which RBS/Natwest seem to love).

 

I think the "equity mutuality and reciprocity" was with regard to the implied term of contract regarding contractual interest.

Advice, information, data, opinions, etc of JustWon, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

If I don't respond please don't think I am ignoring you as, due to other commitments, I have little time to spend on the board.

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Advice, information, data, opinions, etc of JustWon, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

If I don't respond please don't think I am ignoring you as, due to other commitments, I have little time to spend on the board.

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  • 2 weeks later...

I Have Received A Letter From Cobbetts On Behalf Of The Rbs Offering Me £2600 Of A £5566.04 Claim As A Gesture Of Goodwill As They Are Confident Of Success In The Court. They Have Also Put In 2 Conditions (1) I Agree Not To Disclose To Any Third Party The Fact Of, Or Any Details Relating To, This Payment (2) I Write To The Court Withdrawing My Claim. I Am Not Prepared To Accept This Offer But Could Do With Some Advice On How I Should Go About Responding To Cobbetts

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I Have Received A Letter From Cobbetts On Behalf Of The Rbs Offering Me £2600 Of A £5566.04 Claim As A Gesture Of Goodwill As They Are Confident Of Success In The Court. They Have Also Put In 2 Conditions (1) I Agree Not To Disclose To Any Third Party The Fact Of, Or Any Details Relating To, This Payment (2) I Write To The Court Withdrawing My Claim. I Am Not Prepared To Accept This Offer But Could Do With Some Advice On How I Should Go About Responding To Cobbetts

 

Send this letter, This is a standard tactic from them. Hold out they will pay in full soon. And you do not have to agree to their conditions.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

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