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    • 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
    • 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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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At Last Mint Reply On Cca But.......


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Made a CCA request under section (77-79) a month ago using the template, got a letter today

 

Sorry for the delay.........

 

Your request for documents contains some misconception about your entitlement to information in a specified format, so that there is no misunderstanding here we will set the record straight on the format of the information we are obliged to provide you.

 

Your written request for information made under s78(1) of CCA no it was under 77-79 must be accompained by a fee of £1. I sent this to you but you decided to not to acknowledge We are obliged to provide you with a 'true' copy of the credit agreement. In terms of CCA copy document regulations the true copy requirements can be satisfied by providing a copy agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement. We are not insisting on the payment of £1 and enclosed the s78(1) information.

 

With regard to your request of 'statement of account' I never mentioned this in my letter I have enclosed the most recent statement for the above account.

 

 

Ok what I got is

 

Copy of my last months statement

a generic piece of paper with my name address account number and credit limit and half way down a title 'CCA regulated by CCA 1974' and then goes on to giving key financial information

AN application form with my name address, employer a bit about data protection and my signature

ageneric leaflet YOUR COPY OF THE GENERAL CONDITIONS

 

What do the experts think of this

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We'll I'm not an expert on agreements but I' pretty sure it must have at least...

 

1) A prominent statement saying something like 'this is a regulated agreement under the consumer credit act 1974'.

 

2) Two signatures, yours and theirs.

 

3) Cancellation rights.

 

If I understand your post you've got none of this?

 

Regards

 

Lantana

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at the top of this it starts of with

 

Platinum Card

5.9 % for balance transfer until...

No annual fees

Platinum Card Benefits

RSVP REPLY BY 1999

Please complete your application form etc etc and if you need any help etc call 0800...... please return by ........

Credit agreement regulated by the CCA 1974 (in small writing)

Card Issued by RBS.....

Pricipal cardholder details, then the bit where I fill in my details etc...

 

A box at the bottom says YOUR RIGHT TO CANCEL-Once you have signed this agreement you will have a short time to cancel it. Exact details of how and when you can do this will be sent to you by post by RBS Advanta

 

There is only my signature and no box for theirs

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  • 4 weeks later...

That, is an application form IMO.

 

Matt

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Well it certainly looks like an application form. Although it does mention regulated by CCA 1974 (in very small lettering blow the words "Application Form"- but seems to be missing a lot of the prescribed terms.

It also says how long they will take to "approve your application," and about allocating a credit limit at a later date, so,IMHO - that's exactly what it is, an application form.

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Yes I concur

 

lots of prescribed terms missing

no payment terms

no APR

no t&c

 

Its an application form

 

try using my letter to maorgan stanley a bit further up the thread :-)

 

whoops sorry wrong thread....try application or agreement where you posted this link :-)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi

 

No prescribed terms (I can't see the interest rate Lantana referred to). It does say in the small print that you are agreeing to the general conditions 'as set out separately' and 'the details about the card as set out overleaf' but the prescribed terms are meant to be on the front!

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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  • 3 months later...
  • 6 months later...

can we have an update thanks

 

and the prominence of the reference to the consumer credit act 1974 is too small as well

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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