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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.  
    • 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
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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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Vanquis; Any Claimants ?


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Dear Foxy

 

I did an SAR first and got all my statements, worked out what they had robbed from me then sent this letter:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

I am going to take your advice and go for the Madras plus they do a very nice Tandoori salmon, plus pilau rice and a paswari nan. With eight cans of Kronemburg that should wash it down a treat.

 

May I wish you well in reclaiming what is rightfully yours and trust that you will soon be sampling the delights of India (not sure where the Kronembug comes from) from the fruits of your Vanquis claim.

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  • 7 months later...
  • 1 month later...
claiming now, they are refusing to send me my statements and are trying to charge me £5 per statement

 

Under the DPA they are legally obliged to send the lot for no more than a tenner.

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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Under the DPA they are legally obliged to send the lot for no more than a tenner.

 

Not quite right ;)

 

They are under no obligation to sent a 'full' set of statements under the SAR.

 

But they should send a full breakdown of charges.

 

Jogs

 

(Hope I'm right or Martin will tear me a new one :lol: )

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Jogs I am suprised you say this-as such a seasoned CAGGER.

Actually-they have no obligation to send a list of charges since this means them possibly saying DE (Disproportionate effort)

Its statements they DO have to supply.

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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I am not too sure what you mean by "full set" or run down ?

The facts are that a SAR entitles the subject to obtain all that they ask for in the request,as long as the request is specific,that the £10 fee is enclosedand that the Data protection officer is satisfied that the person making the application is the subject of the request.

 

Copy statements therefore should be provided if requested.

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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  • 1 month later...

Can you guys help?

 

OH has a Vanquis card has done since Dec 2007.

 

Has £2,000 credit limit and £1,200 balance.

 

They increased the APR to 69.9% for a few months and after complaining it is back down to 59.9% APR however the interest is still excessive and I witnessed a phone call back in Febuary wherupon my OH was told by Vanquis that the APR would be reduced to 39.9% APR along with a "Gold" card and the higher, £2,000, credit limit.

 

The credit agreement states the APR is variable between 19.9% APR and 59.9% APR. In increasing the APR to 69.9% they breached the credit agreement, correct? Am I also correct in assuming that whilst they have not refunded the overcharged interest, they remain in default of the credit agreement? Or does lowering the APR back to 59.9% alone resolve the default?

 

What can we do to clear the balance without paying so much interest? The account has been run flawlessly and stopping paying is not an option as my OH has worked very hard to improve his credit rating exponentially over the last couple of years and we don't want to put that effort to waste.

 

Transferring the balance away is unfortunately not viable either as although his credit score is much better than it used to be, he still can't get a better deal, because of one last outstanding default and it's swings and roundabouts as to whether to plough the money into clearing Vanquis or the Default. Cap One offered a classic at 34.9% but only a £500 limit so not enough to transfer the balance, so we cancelled the application. I'd offer to transfer it myself but with my poor credit history I'm not eligible for a better deal, either.

 

Any letter templates or regulations you could point me to would be very much appreciated. All we want to do is clear the balance in a respectable manner in line with the 39.9% APR that they promised when they upgraded the accuont in February.

 

Thanx in advance!

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  • 2 months later...

hi.. i dont know if i am in the right place here, i have a vanquis card at the moment which is strangling me, i pay so far around 55 a month, 54% interest

but the balance just goes up. i took the card out in 2006 over the web, is there anything i can do legally to get ride of this...how do i find out if the agreement is valid...

 

please help

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Please be patient -am looking at last 2 posts.

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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