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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wanted ; RBS terms and conditions


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If you have any RBS T&Cs can you please post here with details.The older the better.

In addition if you have other account Terms and conditions please let us know.

You can post here or pm a Mod or Sitehelper.

 

Thanks

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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In my recent letter to Cobbetts I have requested my original T&C as well as any amendments between then and now.

 

If Cobbetts do actually comply, though I rather doubt it, I will of course publish them.

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I have RBS T&C's from when I opened my Royalties Gold a/c approx 2000/01 (there are the following figures on the back of the brochure: 04/00, I assume this is publication date) 6 pages of smallprint though and alot of it is about membership benefits (huh!) I will try to scan them onto the thread (any tips?) alternatively if there's anything specific you want i'll try to answer asap.

SM:p

Paying interest on a loan caused by penalty charges? Read this!!

 

Very useful A-Z here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html?highlight=can%27t+find+what+you%27re+looking+for%3F

 

New strategy for Scots claims here:

http://www.consumeractiongroup.co.uk/forum/scotland/71013-urgent-attention-please-read.html

 

Scottish procedure:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/42620-scottish-procedure.html

I am a layperson not a legal expert, my advice is offered without prejudice or liability, it is purely my opinion based on personal experience and should be treated as such. If in any doubt seek the advice of a qualified professional.

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I don't know if it's of any relevance or can be used to our benefit, but looking through some old bank paperwork I found at the back of the filing cabinet I discovered a letter from 15 May 2001 where my local branch manager had written to me explaining about the charges involved in bouncing a direct debit. It's the wording find interesting...

 

 

In respect of Bank Charges whilst I appreciate that you are on a fixed income and that you cannot afford to pay bank charges, you must also realise that it is your responsibility to remain within your overdraft facility and if funds are unavailable then the Bank has the right to return items unpaid for which a charge is levied.

I don't know about you, but given that "levied" means "an imposing or collecting, as of a tax, by authority or force" I see that as a description of something that is punitive in nature and given the the use of "charge" rather than "fee" my understanding of the branch manager's words is that he wasn't offering a service, he was extracting an amount from my account as punishment for exceeding my overdraft limit.

 

I've also found another letter from 12 December 1996 where the sentence used was

"A charge of £30 has been levied against your account to cover the cost of returning the items.

... or am I just being pedantic :D

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  • 2 weeks later...

Has there been any progress with this as need a copy of old T&C's by monday

 

skb

Victory over Lloyds £890

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Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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you could check out Mcuth vs RBoS - he won some tiome ago now - so his old thread should be in the "settled claims" section........

 

I know there were a load of weblinks on his thread....

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