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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
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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      • 160 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Mrs P V Egg 2 ***WON***


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And the usual reply! Will they never learn?

 

nggtcom * cards > loans > mortgages K savings > investments > insurance ^

egg

TM

 

 

Private and Confidential

This letter is about your complaint

It was sent to you on 18 March 2008

Reference

 

 

 

Dear Mrs PHATRAM

Re: Request for repayment of charges - Account number

Thank you for your letter dated 10 March 2008.

1. Your Credit Card agreement ("the Agreement") with Egg Banking pic ("Egg")

ciearly states that charges will be added to your account if you exceed your

Credit Limit or fail to make your contractual payments. In accordance with

condition 7 of the Agreement, a charge of £20 (or since August 2006, a reduced

charge of £16) has been added to your account each time you have exceeded

your Credit Limit or failed to make a payment.

2. Egg does not believe that the terms and conditions of the Agreement are in

any way unlawful or unfair. Egg recognises that customers sometimes exceed

their Credit Limits and/or fail to make a payment and has systems and

processes in place to deal with this. These include the use of computer systems,

staff and other necessary costs. The charges set out in condition 7 of the

Agreement are calculated by taking into account the costs incurred by Egg in

maintaining these systems and processes and dividing this sum by the

estimated number of customers who will exceed their Credit Limits or fail to

make payments. These charges therefore represent a genuine pre-estimate of

the loss caused to Egg by customers who break the terms of their Agreement.

3. Egg takes steps to help you to avoid incurring charges. For example, the

Agreement requires you to maintain a direct debit to make your monthly

payment so that you won't miss a payment accidentally. You can avoid

inadvertently going over your Credit Limit by checking your account on

New Egg Home at any time.

Contacting us

We're open from 9am to 5pm Monday to Friday (excl. Bank Holidays)

 

To talk about this letter you can:

Call us on: 08007 834 393 E-mail us at: [email protected]

Write to us at:

Customer Relations Office

Egg

Riverside Road

Pride Park

Derby

DE99 3GG

 

Egg is a trading name of the Egg group of companies which includes: Egg Financial Intermediation Ltd (reg no 3828289) and Egg Banking pic (reg no 2999842). Egg Banking pic and Egg Financial Intermediation Ltd are authorised and regulated by the Financial Services Authority (FSA) and are entered in the FSA register under numbers 205621 and 309551 respectively. These members of the Egg group are registered in England and Wales. Registered office: Citigroup Centre, Canada Square, London E14 5LB.

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  • 3 weeks later...

Dear Mrs P

 

You may have recently seen information from us about this message, regarding your Egg Card account.

According to our records, you've previously exceeded your Egg Card credit limit. You should remember that when you exceed your credit limit, you are charged a £16 fee.

If you're having trouble keeping within your credit limit, you don't have to worry on your own, we have an expert team who can talk to you about alternative payment options and help you with your overall financial situation.

Information about how you manage your Egg Card account is shared with Credit Reference Agencies and may affect your ability to get credit in the future.

We need you to call us as a matter of urgency on 08456 000 296.

If you need to read this message again, select 'View your messages or send us a message' from the 'Your money' tab.

If you have made a payment to clear your arrears in the last seven days, please ignore this message; your payment will update your account shortly.

 

In reply to the above, stop applying unlawful charges to my account and refund the charges you have already applied to this account and you will find it will be well within the credit limit !

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  • 2 weeks later...
Hi Mrs P, with your winning record against them, humpty dumpty might as well throw in the towel now. What does Egg House in Derby look like?

 

A big shed with lots of people stood outside smoking!

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egg.com > cards > loans * mortgages > savings >investments > insurance >

 

TM

 

 

 

 

 

 

 

Private and Confidential

 

 

 

This letter is about your complaint

It was sent to you on 16 April 2008

 

Reference EGG/

 

 

 

 

 

 

 

Dear Mrs P

Re: Request for repayment of charges - Account number xxxxxxxxxxxxxxxx

I refer to your letter dated 14 April 2008.

1 We view our terms and conditions as fair and in particular the charges

levied pursuant to Section 7.1 of your credit agreement ("the

Agreement") with Egg Banking pic ("Egg") to be a genuine pre-estimate

of loss rather than a penalty.

2 Notwithstanding our view, in the particular circumstances of your case

we put forward the following settlement proposal:

(a) Without any admission of liability and on a purely commercial and ex gratia basis we will within 14 days of your acceptance of this proposal by return of the enclosed acceptance form (see paragraph (b) below) credit your account with £131.44 in full and final settlement of your complaint and of all claims, rights, actions and causes of action (including claims for interest and costs) you may have against Egg arising out of or in connection with your complaint. As you will appreciate this is the full amount of your complaint broken down as follows:

 

Contacting us

We're open from 9am to 5pm Monday to Friday (excl. Bank Holidays)

 

To talk about this letter you can:

Call us on: 08007 834 393 E-mail us at: [email protected]

Write to us at:

Customer Relations Office

Egg

Riverside Road

Pride Park

Derby

DE99 3GG

 

 

 

(i)£128.00for charges; and

(ii) £3,44 for interest on charges.

(b) As your acceptance of the proposal you will sign and return to

us the acceptance form,

© The terms of the settlement shall remain confidential between

the parties and their legal advisers save that the same may be

disclosed:

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egg.com > cards >loans ^ mortgages > savings ^ investments * insurance *

 

egg

 

 

 

 

(i) To the extent necessary for the purposes of

 

enforcement of the settlement; and

(ii) To any Court, government or other authority to the extent necessary for compliance with a lawful obligation by the party disclosing it and to the extent necessary to any professional adviser to that party in connection with the giving or receiving of advice in relation to such disclosure.

3 The above proposal will remain open for acceptance for 14 days from

the date of this letter after which it will be automatically withdrawn.

We remind you that notwithstanding the above offer, we consider our default charges to be fair and refer you to information we have given you regarding the OFT enquiry. Should you break the terms of this agreement again, a charge of £16 will be applied to your account. If you consider this to be unfair, you should close your account now. The continued use of your account will be treated as confirmation that you accept that our charges are fair.

To avoid charges in the future you need to operate your account in line with our

teims and conditions. If you are having difficulty making payments or staying within your credit limit, please contact us by using the contact details at the side

of this letter.

You now have six months from the date of our resolution to take your complaint to the Financial Ombudsman Service further details are available on www.ftnancial-ombudsman.org.uk. A copy of their leaflet is available, so please contact us if you would like one sent to you.

 

 

 

 

 

Customer Relations Adviser

Egg pic

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Acceptance letter on its way.

I love the following bit,

 

We remind you that notwithstanding the above offer, we consider our default charges to be fair and refer you to information we have given you regarding the OFT enquiry. Should you break the terms of this agreement again, a charge of £16 will be applied to your account. If you consider this to be unfair, you should close your account now. The continued use of your account will be treated as confirmation that you accept that our charges are fair.

 

They closed my account along with the other 159,999 customers months ago!

Idiots.

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2 threads merged please try and keep your Egg posts together-makes it easier for others following this to help you out !

 

 

Added;Ok posts divided.

I merged following a reported post asking for it.I did not know if this was requested by OP or not.Anyway back for you now.

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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