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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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New info on claims? Verification anyone?


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This post just went on Martin Lewis site:

 

I think we could have won!!!!!! - MoneySavingExpert.com Forums

 

Iv'e just had a phone call with my bank Alliance and Leicester (my new bank iv'e already cliamed against abbey and Lloyds). I was ringing them about unfair bank charges on my account. The lady called Janet was brutally honest and said not to worry about charges as they had just recieved info which will be posted to us (customers) very soon. She couldnt be specific but she did say the charges were being reduced drastically. I said does this have anything to do with the current court case and she said yes our moves are anticipation!!!! I also mentioned did she think it was possible that people would be automatically refunded and she said yes this is possible. At the end i asked for her address to complain about bank charges and she said oh theres no need to do that anymore all we have to do now is log this call?

 

I think this is it we have finally won and a possible automatic rebate is on the way thought you might be interested in this.

 

I will update as soon as i have more info I intend to ring the bank tomorrow and i'll update as soon as i get letter.

A £35 pound bank charge is not a charge for a service. Its theft.

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don't mean anything.... A&L have already issued their new charging structure and it kills as much as the Lloyds one.

 

Plus, i've been on the phone with them today and Monday when i got a letter and still their position was 'go away, no more refund' (after offering a measly amount). So i don't know how that person got told what they did and i spoke to the manager as well.

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Yesh - you are right - the new A&L charging structure still sucks big time.

 

But, consider this: what if A&L bank charge complaints team got called in for a team meeting to tell them about new changes to be introdued next week....................I'm just saying.............it is possible.............but you're right......unlikely.

A £35 pound bank charge is not a charge for a service. Its theft.

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Well I wish that were true but as they closed my account yesterday without warning even though there is a complaint with the FOS re charges and hardship I think it was just a fed up member of staff that didn't fancy being shouted at anymore!

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Hi

Re: Midge61 account closed yesterday.

Just wanted to know what you think? If the banks aren't paying out whilst the test case is going through, basically freezing everything. How can they with the other hand shut peoples accounts down who are claiming charges back. :confused:

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Because with the waiver in place they know complaints won't get dealt with for a very long time so they can do what they like!

 

FOS were no help at all just said I need to raise another complaint ....so that make 3 against A&L!

 

I went to CAB and they were brill but the upshot is A&L have closed the account to me but not to them so they still accept money into it but I cant access it! CAB soon sorted that though. I have now been given permission to withdraw money going in next week but to do this I had to agree to make payment of £75 per mth for 6 mths and that would put me in credit by £420 and then A&L will allow me to ask for permission to have my access back!!

 

Anyway have insisted in all this in writing and will then send copies to FOS for my complaint.

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