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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Miss Muppet v MBNA - *** WON + COSTS ***


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applying 4 sj before supplying cpr 18 info contempt of court re DN oh and the issue regarding my legit request 4 adjounment late filing of docs with me and court anyone got a hammer as im gona nail these ------- tn the floor

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hi MM,

 

This decision is, of course, for you to make. However, if you feel your case is strong enough and their's is weak, take it into court and defend.

 

Send them a letter saying:-

 

"Thank you for your letter of xxdate.

 

I am not willing to accept your offer and will defend against your claim in court."

 

Re the PPI, if you feel it has been added without your knowledge or consent, or if it was inappropriate for your circumstances, reclaim it.

 

I'd suggest you treat it as a separate matter from the court proceedings. Start a thread in the PPI forum for this aspect.

We could do with some help from you

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Unless they manage to come up with a signed agreement between now and 3rd September, I do indeed see my case as very strong and why have they not got their witness statement in to me on time, because as their representative told me after the dismissal of their summary judgement, people don't often turn up to defend, well this person is in for the long haul!

 

I think you are right about the PPI, this will be a nice surprise for later!

 

Thats the spirit PF, all power to your elbow on Monday!!

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Hi MM

 

Thought that might be the case with the ‘offer’ they made.

 

 

If the DN is defective you should have a cast iron case and this is probably the easiest weapon to use against Optima. They must surely realise their case is weak, and is the reason for their offer.

 

Have you seen posts 314 and 325 by BRW on zhanzhibar’s thread.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-6.html#post2177953

 

You can also counterclaim for unlawful rescission of contract, £1000 I believe.

 

Regards

SC

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SC as for defective DN you cant get anymore defective than mine oh and they even put the defective one in the court bundle but not the original so they where misleading the court also hehe the judge will wonder why i an smiling when i walk in on monday

Edited by pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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so i hope to bring good news on the defective DN front this monday PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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SC thanks for the tip about zans thread very informative.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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applying 4 sj before supplying cpr 18 info contempt of court re DN oh and the issue regarding my legit request 4 adjounment late filing of docs with me and court anyone got a hammer as im gona nail these ------- tn the floor

 

Nail gun would be better, PF - I'm all for speed and efficiency, me:D

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OK Guys and Gals, the saga continues - Optimistic Legal rang me on Monday to see what my reply was to their generous offer. I advised them that I had sent a letter rejecting their offer and then OL said they would have to consult counsel and proceed to court hearing. Rang court to-day to report no sign of their witness statement and they said they had not received anything either. They said the Judge was away this week but I could write in to say that OL had not complied and she would put it before the Judge and would I want him to strike out/dismiss the claim? I said Yes Please! To-day on return from work letter from Optimistic Legal stating that they have received further instructions from their client and as such, they propose to discontinue this claim on the basis that both parties bear their own cost. I have to confirm agreement to this.

 

I presume the above is OK. I assume they will inform the court. I will make sure tho that the court has a copy of this letter. Should I be asking for default removal as well or should that be a separate issue?

 

Anyway, this victory is for my little mate PF, because I used part of his info on the default statement and everyone else whose work I have used.

 

I think I may have a drink or three to-night and when all this is over I will post up the witness statements so hopefully others can be helped - To quote the Clingons "War is more fun when you're winning! Yippee:D:D:D

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Hi MM,

 

If you don't ask, you don't get.

Indeed, do ask them for the default removal as part of the conditions.

 

Remember, you have spent a fair bit of time on this and deserve something out of this for your efforts.

 

By the way............... Congratulations and well done.

 

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Thanks everyone, right I'll have a go at the default removal. I will post up my witness statements with all the default info on it but PF's info is on fairyblue's thread, sorry b.useless at linkbacks.

 

No the quote from Susan Edwards came via an extremely nice and knowledgeable member of the Trading Standards Team in my area, poor things I had deluged them with paperwork from various members of the family!

 

I am honestly stunned by the speed of their rollover but I think I really have to thank the Judge who made the order for the 2nd hearing, if you look at the conditions of the order he/she made. I was really lucky with my local court also and got an extremely helpful member of staff to-day who explained everything to me.

 

Cheers m'dears, as they say, laters!

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Hi MM,

 

You could write to OL and seek their confirmation that any adverse data concerning this a/c will now be removed from CRA files. Also, seek conf'n that the a/c balance will be written down to zero.

 

Say if they agree to do this, you will agree to discontinue your defence of their claim. Otherwise, you'll continue and seek costs etc.

 

Then take up the PPI issue separately.

 

Looking good though !! :D

 

 

Oops!! :confused: Made my reply above before I saw the posts on this page. DOH!!

Edited by slick132

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congrats:)

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Thanks for that Slick, I have used that because the bit I had found from Ilanavamp about default removal didn't quite fit my situation!:grin:

 

Its funny you should mention the PPI, I was beginning to feel a bit sorry for them and wondering whether I should still go after it but what the heck I will!!:lol:

 

Thanks Josie, how are things with you?

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Its funny you should mention the PPI, I was beginning to feel a bit sorry for them and wondering whether I should still go after it but what the heck I will!!:lol:

 

You get after them and get back anything they owe you. They'd take you to court in a nano second if they had the doc'ts to do it.

 

:cool:

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