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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Unenforceable / Improper Credit Agreements


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Hi,

I wonder if i could get some advice. I have stumbled across a web site which promises to review each of your credit agreements to see if they have been correctly administered and set up, with claims of wiping out the debt if they have not. Surely it cannot be that simple, and if the company have failed to meet certain terms and the debt is wiped will i be blacklisted?

 

Your advice will be appreciated.

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Hi these firms are a load of ****. They charge anywhere from £250 to £650 to have a look at each agreement. I started with CAG approx 18 months ago knowing nothing still don't know much more but with the guidance from other members of CAG I have had three debts wiped. Two of these were catalogue debts both had no agreement at all the first Littlewoods folded after I wrote to them regarding no agreement no debt the second J.D.Williams I had to take to court they settled just before the court hearing.

 

My other debt was MBNA credit card they had purchased my credit card from HBOS in 2004. The problem was that they could not provode anything other than the front of the agreement and what was provoded was improperly executed and as a result iredeemabley unenforceable.

 

So yes these companies can do what they say but with help from CAG you can do it yourself for nothing. As a guide I removed £8300 debt from approx £12000 debts and as a result I can now pay these legitimate debts much easier.

 

all the best dpick

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The only debt i would be looking to have wiped would be a virgin credit card with debts of about £5k

 

The web site states that they add the debt to credit card which gets written off.

 

I am tempted to try this but i worry how it will effect my rating and ability to obtain credit in hte future

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As dpick says there's plenty of advice on here to help you and it won't cost you a penny. Please don't fall for the scams - ther are so many out there. It can take time to find the guidance you need but it is all here.

Start with dpick's link above and good luck

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  • 4 months later...

Hi Dpick, i am new to this forum and finding it very useful.

 

Are there standard letters available to send to the CC companies?

 

I have never missed any payment on any loan or CC and have a good credit rating. But, like many people times are tough and I can not say that will be the case for the future?

 

Some questions if I may:

 

if I send these letters, but in the meantime continue to make the correct repayments, will the CC company increase my interest rate?

 

Will this mess up my credit rating? I work in Financial Services and need a clear rating?

 

Thank you in advance for your help.

 

 

Pedro1966

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Hi Dpick, i am new to this forum and finding it very useful.

 

Are there standard letters available to send to the CC companies?

 

I have never missed any payment on any loan or CC and have a good credit rating. But, like many people times are tough and I can not say that will be the case for the future?

 

Some questions if I may:

 

if I send these letters, but in the meantime continue to make the correct repayments, will the CC company increase my interest rate?

 

Will this mess up my credit rating? I work in Financial Services and need a clear rating?

 

Thank you in advance for your help.

 

 

Pedro1966

 

Hi, newbie here, and thanks for this great source of information and support.

 

I'm also interested in this subject and have exactly the same worries as Pedro.

 

Also, I'd like to ask, whilst the matter of unenforceable credit is being investigated, am I required to continue making monthly repayments as normal?

 

Do Banks alert/communicate to each other about such action being taken by a client?

 

Thanks

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You should continue to make payments until the 12+2 days have passed and if by then the Creditor has not supplied you with an agreement you are entitled to withhold payment until the Default (on the creditors part) has been corrected (by supplying you with your agreement.

 

Be prepared for lots of phone calls and letters should you stop paying. Even though you are within your rights to do so after the 14 days.

 

Letter (N):

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

The creditors may Default you eventually (something they should not do whilst the account is in dispute and if they haven't supplied your agreement).

 

Creditors do not obey the law. Search the threads and/or start your own individual threads and post questions and you'll be able to get the information.

You could continue to make payments after the point at which a creditor should have given you the documentation. There's nothing to stop you doing that if you want to play it that way.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 1 year later...

hi dpick

 

I have used your letters to ask both citi card and mbna to cease using my information and zero my accounr as neither sent me the origional signed contract. since then I have received phone calls and letters threatening to report defaults on the accounts so I suppose the question is what do I do next have you any further letters.

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