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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
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1st credit


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You have sent the letter to the DCA asking them why they are pursuing you for payment on a disputed acciunt and the bank has 40 days to reply to your SAR request. That's all you can do for now and you'll just have to wait for their replies. As for clearing your credit reports, that is not going to happen for some time and isn't going to be easy. Even if there is no agreement, the DCAs slap defaults on as a matter of course whilst the debt is still outstanding. An unenforceable agreement simply means it cannot be enforced in court - you will still owe the money.

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its been well over 40 days and ive heard nothing. is there a template anywhere for the next letter to send. how do i go about reporting them to information commissionaire etc.....i really want to get this all sorted but working full time and a newborn in the house i dont have much spare time to do my research write letters etc. im grateful for all the advice ive been given so far, but the sooner i can get this all cleared up the better.

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If they are in default of your SAR, you need to send a letter headed LETTER BEFORE ACTION giving them 7 days to comply, send them a copy of the original letter (do all this recorded delivery) If you do not hear back after 7 days, then off to court !!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

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  • 2 weeks later...

1st credit have sent me a new letter telling me they have passed details onto the "pre legal team" threatining to obtain a ccj and bankruptcy. Is the follow letter ok to send onto them?:

 

 

My address

,

09/03/2009.

 

 

1st Credit

PO Box 278,

Reigate,

RH2 7WB.

 

 

ACCOUNT IN DISPUTE

 

Your Reference: xxxxxxxxxxxxxxx

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account is still being pursed by yourselves, as it is in dispute with 1st credit and Lloyds TSB, and has been since 01/01/2009, when I sent you a letter which was signed for on 05/01/09, I enclose a copy of the letter sent and proof of signature.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As Lloyds TSB is now in default of my Subject access request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my subject access request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Lloyds TSB for resolution of these defaults and breaches, as Lloyds TSB and 1st credit cannot lawfully pursue any enforcement activities.

 

If 1st credit chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

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Also i got a my credit file recently and 1st credit have marked a default down on my credit file (callcredit) from march 2008. I have never had any payment plan or acknowledged any debt to this company, and i have certainly never had anything default notices through the post from them. Can i get them to remove it, and again are there any letter templates i can use.

 

This is all getting me seriously down trying to find time to sort all this out with a new baby to look after.

 

once again all help appreciated

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  • 2 weeks later...

new letter from 1st credit.....need help please.....the letter i recieved is as follows:

 

1st credir ref: xxxxxxx

 

Thankyou for your letter of the 9th March 2009 of which the contents are noted.

 

In this instance, the account to which we refer is a bank account with overdraft; therefore is not a relevant account for the purpose of the consumer credit act. Therefore we are not obliged to provide an agreement and no statutory consequences will apply. This is based on the advise of our barrister. In this instance we did make the request to our client and they were unable to provide us with a copy of your original agreement for the bank account. We acterd in good faith in making this request to our client even though we were under no statutory obligation to do so.

Since the consumer credit act does not apply to this account, we do not accept your assertation that we have entered a default for failing to comply with it. We are also within our rights to continue requesting payment and do not consider that we are in breach of any of the OFT guidelines for debt collection.

In your letter of 9th march 2009 you have not specified upon which ground you rely for your notice under s10 of the data protection act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in schedule 2 section 2(a) of the act.

We thurther not that to date you have paid £1345.00 thus admitting liability and leaving a due balance of £1370.05, we therefore would ask why you have paid nearly 50% off a debt you do not recognise. We believe this debt is due and payable, thus the default registered will not be removed until the debt is discharged.

We offer no comment to your claim that lloyds tsb are in default regarding a subject access request, but would point out that section 127(3) has been repealed by the CCA act 2006 c.14, sch 4 para, therefore as a result, if needed we will seek an enforcement order pursuant to s127 of consumer credit act 1974. We would also draw attention to the fact that 1st credit limited are the legal owners of this debt, you were informed of this in way of a notice of assignment sent to you on 5th October 2006 and also paid our colleagues at connaught collections UK.

For your records we enclose a subject access request which clearly shows payment you have made.

We now urge you to contact these offices to discuss the repayment of the above debt.

 

Yours sincerely.

 

This account with lloyds will be all charges, i dont recall ever having an overdraught with them but it was a long time ago. the money paid to connought was paid through bullying and threats of bankruptcy which would stop me from being able to do my job. i asked connought what the debt was continually and when they never bothered to furnish me with any details i stopped paying. also i have never had a default notice from first credit although there is a default on my credit file from them and i have never had a notice of assignment....Also i still havent heard from lloyds tsb despite sending them the letter before action letter(non compliance). How do i take lloyds to court and how much do i claim?

 

Please help.

Edited by dirtymonkey29
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The first step is to send a SAR to the original creditor and start the charge reclaim process. (you can find a SAR in the link in my signature below) Then I think you'll need to craft a letter to 1st Credit stating that you are in the process of doing this as you believe the remainder of the debt is made up entirely of excessive penalty charges....you can state that you believe that they may owe you more than you owe them....make sure you head any letter to them as ACCOUNT IN DISPUTE and send recorded...

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As I understand it you can still put the account in dispute because of the unfair charges which have been added to it.

 

Have you received your SAR back from Lloyds yet? If not you should make a complaint to the Information Commissioner https://www.ico.gov.uk/Global/contact_us.aspx and the OFT.

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yeah i sent the subject access request to lloyds and they didnt respond. i have since sent the non compliance letter, and heard nothing. this is well out side the 7 extra days after the sar's 40 day period ended. I dont know charges are involved as i havent had any responce at all. what letter do i need to send 1st credit in responce to their letter. (i never sent the cca letter too lloyds as its not valid on account/overdraughts, just the sar to find out what im being charged), and whats my next step/letter for lloyds?

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