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    • 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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Cheds hubby Vs Iqor/Studio


cheddar
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Helloooooooooooooo!

 

This one for hubby but im kinda dealing with it, sent off CCA on 15/10/07 and very promtply got a response today with a letter i cannot make head nor tail off it is complete gobble-de-gook if im honest (and i've read through some rubbish in my time). And they erm seem to think that a standard CCA signed by them with no other information on it, ie hubbys name, address, and of course most importantly A SIGNATURE is ok.....

 

advice from here? lol Letter telling them they haven't fulfilled the request and he deems it as a closed matter?

 

TIA :D

Ex CAG helper ^_^

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Can't scan sadly but no mention of amendments basically says as follows:

 

Further to your recent request under the CCA 1974 for a copy of your original credit agreement we are writing to confirm that we have passed your request to your client for their urgent attention.

 

Please note that our client advises us that both the OFT and Trading Standars have acknowledged that, as defined by section 78 of the CCA 1974, the supply of an exact copy of an executed credti agreement that would have been signed when the account was opened and, if required, appropriate financial information relating to the account since its inception is sufficient to comply with these requests to provide a copy of the credit agreement (this is the bit that makes zero sense to me, its not even a normal sentence). Our client instructed us to send you such standard copy, please find it enclosed.

 

They then go on about the terms of the account at the time and what he had to pay etc

 

Last paragraph says:

 

Therefore, once you recieve the sample credit agreement, our client advises that you have been supplied with such information necessary to comply with the requirements of the CCA.

 

wtf??? lol!

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What absolute Bovine Excrement !!

Without an executed credit agreement enforcement action is NOT possible.

Under CCA s127 the lack of the excuted agreement is a complete defence.

(3) The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner).

 

Now I'd wait and see what they have to say next and then we'll hit 'em ;)

Be VERY careful whose advice you listen too

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I know utter tosh isn't it? But i don't understand if they are going to send me anything else or are waiting for me? I only say this because at the very end it says:

 

We have placed the above mentioned account on hold for 2 weeks to allow time for your response and we await your repayment proposals.

 

odd....

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Here you go this should do the trick.

 

Edit as needed:

 

Account In Dispute

 

I refer to your letter dated xxxxx, the contents of which are noted.

 

I note that you have sent me a copy of the sample application form for an account.

 

However, on the (DATE YOU SENT CCA) I made a written request for a copy of the executed agreement under s77/78 CCA. This letter was sent by recorded delivery and signed for at your office on (IF THIS IS THE WAY YOU DONE IT).

 

The document that you are obliged to send me is a true copy of the executed agreement that complies with section 61 of the Consumer Credit Act 1974. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA (AGAIN ONLY PUT THIS IF IT APPLIES).

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing

 

 

Yours faithfully,

 

  • Haha 1

Be VERY careful whose advice you listen too

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sample credit agreement hmm, thats a bit like littelwoods legal department who said that their credit agreements could be found in hte back of their catalogues, when i asked what they were implying they said that they would produce a copy of a catalogue in court as evidence of my credit agreement,

 

YEAH RIGHT!!!!!!!!

 

As Curlyben put they are talking BowLarks, they have no hope in hell of enforcing this based soley on a sample credit agreement

 

as curly said wait and see what load of tosh they come up with next

 

regards

paul

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Studio will keep on trying to collect the debt. My claim has been with the FOS since August and they are aware of this but they keep phoning and sending me red letters, keep adding charges, my account has gone up over £200 without spending anything on it since April.

 

Good luck.

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  • 3 weeks later...

okay im back on the case with this now lol! seems that hubby has got some more debts and they've all cropped up - tut! Anyway will sort those out in time but just to query something

 

Curlyben, in your letter you suggest i send you say they have sent me a sample application form, it appears to be a blank CCA not an application form, shall i amend accordingly?

 

TIA

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  • 1 month later...

Okies sent this lot a reminder to say they haven't complied with the CCA request on 06/11/07. Heard nothing until 17/12/07 where they have sent a begging letter, also had a card thru from a Mrs someone-or-other asking for hubby to contact her immediately (he threw this one away).

 

Technically they're in default now so I presume hubby can make a complaint to TS??

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  • 2 weeks later...

Okies so have a letter now from Incasso saying is basically a Letter Before Action and they will commence Legal Action (probably rubbish i know) in 10 days if he doesn't contact iQor with payment or reason why he's not paying....durrrr thought we'd already done that!!!

 

Any ideas what to send now and to who? I'm getting a little confused!!

 

TIA :)

Ex CAG helper ^_^

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Oh dear.

throw this at Igor.

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

Be VERY careful whose advice you listen too

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