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ericsbrother last won the day on March 15

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About ericsbrother

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  1. no such thing. Some poor tree died just so they can write this twaddle. Can I send them a letter saying that I hold them responsible for killing the dinosaurs? File it with your other paperwork and let them waste more of their money employing some other twonk to write to you as well. IF they get as far as a PAP lba then you can let them know what you think
  2. drop point 2 as it may be true but what they mean is by entering the land the driver agreed the offered terms. Now as there was no contract as the signage is prohibitive then it never can be the case they agreed to pay the PCN You could instead say for point 2 "As there was no contract to consider the driver could never agree to pay the PCN" point 3 say " the Particulars of claim are so sparse as to be incoherent, they do not state if the cause for action is for monies due under a contract or for damages for a breach of contract. the sum claimed is greater than the amount demanded by the Notice to Keeper and so is either adding unlawful costs or there is the unlawfully applied assumption that the defendant is the driver" point 4 state that you were not the driver at the time and then say it isn't clear in what capacity the defendant is being sued as there is no keeper liability so it is put to STRICT PROOF that the claimant show who was driving at the time. point 5 the term is CPR 31.14 request for documents (that assigns the right to enter into) contractS..... now this is longer than I would normally want to say at this point but the main part about lack of contract doesn't say anything that leads you down a blind alley so the rest is there to show Gladdys that you aren't going to wet yourself and pay up. When you send this to court you are advised to send Gladdys a copy as well as it is good practice. i would send a copy to Millennium as well so they can see their money running down the drain. That way they may very well decide NOT to pay the hearing fee plus another £50 for the legal help they wont get
  3. the plus side is that they will need a recording of their calls to show a contract exists by offer and aceptance. that same recording will also prove they lied to gain a pecuniary advantage so will do for them. You need to speak to NPower and tell them what has happened and how these bandits were representing themselves as servants on NPower ( use that term as it means somehting different to agent) and see what they say about it all. The plus side is if you do get offered a better deal and take it the cowboys wont really want to take you to court as it will reveal their dark practices
  4. probably LiP costs as they are usually 5 hrs max for small claims track. however, if retailer agreed to this for Tomlin order then that is usually enough. They did sign it didnt they?
  5. agree with BF, the vendor should contact the owner of the land and apply for adverse possession if they have enjoyed it without permission and if permission was granted they need to secure its purchase or transfer before your daughter buys the place. If that cant be done tell her to walk away. all of the problems currently in the news about the building developers ripping people off with leases only occurs becuse some idiot buys them at full whack with such terms in place. I jave a friend who buys problem properties but he never pays much for them, probably about 60% of supposed market value. that is where she wants to be if she carries on as is.
  6. as for repair etc, they mean if you accidentally break them you are liable. Now this is a bit of a problem in some respects as strict liability is not required, ie if you did something stupid and broke a sinkl then fair do's you pay but if you drop a pan and break a kitchen tile, the dropping of the pan isnt usually a forseeable event and tou arent normally responsible. as for maintenace of equipment like washing machines etc, again you are not responsible, their use is part of the tenancy and thus LL is responsible for their upkeep. You can sue LL if they dotn repair said item in good time. Now if you were to wash bricks in it then that is not normal use and the clause would apply but you dont need a clause to guard against straightforward negligence. The same goes for indemnifying any visitor, employee etc, that is what he need LL insurance for. All in all any clause that isnt legally enforceable such as thses render the whole contract void if you so prefer. Personally I would make LL move his washing machine out and you get your own Storage is then his problem This looks like a tweaked commercial repairing tenancy rather than one for a dwelling
  7. then nowt to do with the insolvency people. They cant appoint anyone, only he can so it looks like he agreed to this without asking anyone for advice he should have taken professional advice before he was made bankrupt as what has been agreed now is done. he could wind the company up but that will cause as much grief as the current situation. Mind you, he could run up massive debts and the accountant will be equally liable as a director. he couild try speaking to his local Chamber of Commerce Drop me a message with the name of the company and I will see if there is anything adverse on Duedil etc
  8. agree, they need sig to help verify who you are. It also then bashes them when they try and claim that they need more ID to process your SAR, the law is very clear on that. What you dont need to sign is a CCA request because if they then decide to muck you about the debt enforcement clock is on hold anyway. All covered of the EU money laundering regs on "knowing your customer"
  9. think about it, why do they use companies like CWD to chase people up with veiled threats rather than just going route one? answer, they know they cant. Law is not extraterritorial withoput treaties and the UAE fails at every hurdle to satisfy any EU legal requirement for debt enforcement so they wont be given one. Half the time the UAE banks dont even satisfy UAE law on debt enforcement even though it is very simple for them to obtain a local judgement.
  10. you dont send it until you are told to by the court Once you have a date for the hearing you pile in with everything you have got, until then you use what you have written to get past the front desk
  11. so you respond to Gladdys and copy letter to parking co as they have to pay for Will and John's cock ups. Dear sirs, I am in receipt of your latter dated the 15th inst and note that despite being solicitors you do not seem to know that the POFA doesn't apply to Scotland. This surprises me since you also run the IPC and presumably are expected to have some knowledge of the law before you spout forth to your members on such matters. just to make things clear, there is no liability to your client whatsoever and any claim will be robustly defended and a full costs recovery order sought as your conduct would palpably unreasonable by trying to exert a liability that you know doesn't exist. To save you wasting more ink, I deny being the driver at the time and you cannot make assumptions or claims as to who was driving as you have fallen at that hurdle on many occasions before. It may not stop them trying their luck but it will make it hard to persaude a judge they werent being unreasonable in trying to flog a dead horse and you the stand a good change of getting a decent amoutn for your time spent on this matter as costs. The idea of sending a copy to the parking co is so that they actually see it and can then decide whether this dog bites rather than just relying on Will and John's word that you wont
  12. get the form first, have you spoken to Northampton as you could still get this set aside for free or at a reduced rate
  13. DRAXY, start your own thread and please dont be tempted to offer to apy them a penny, they arent obeying the law so their demand is actually fraudulent, not that you will get the police interested. Best thing to do is read a lot of the thread here to learn about private parking and in the meanwhile say nothing to the parking co and certainly not to ZZPS or any other toothless threatogram writer who have nothing to do with anything
  14. they cnat assume you were the driver, the law doesnt allow them to. However, if they obeyed the law they wouldnt earn a penny
  15. we cant read any of the notices. Although that is helpful when you argue they arent prominent enough we really need to be ablw to see all of the small print on EVERY different sign. Thsi is made clear on just about evry post of this nature so you also need to take the time to read loads of other threads to see what is what
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