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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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loan and/or credit cards taken out before April 2007 could be unenforceable


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I am new to the site, I recently had a company contact me saying they can see if

a loan and/or credit cards taken out before April 2007 could be unenforceable. I

sent off the forms for both a credit card and loan, they have recently got back

to me stating that they have found the credit card does not comply with consumer

act and is found to be unenforceable. I can either pay this company a one off

sum of £495 or 3 payments of £175. Does anyone have a template letter i could

use to send to the credit card company direct.

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Hi Rreeves, you have managed to post in a forum that most people don't look at. I have alerted the site team to get your post moved to a more appropriate place!

 

As for your question, if you have a look in the Templates Library (letter N) you will find one for requesting your agreement from the creditor.

 

You will need to send this recorded delivery with a £1 postal order. Remeber, don't sign the request.

 

As this firm have probably requested one recently, you will have to wait until a month (or 30 days i think) has passed from the last request as the creditor only has to respond to one request in this time period.

 

When you get the agreement, post up a scan with your personal details removed and people here can comment for you :)

 

Good Luck and welcome to CAG,

H

 

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I need some advice on the following... on the 28th May I sent off the CCA letter to Halifax, they cashed my £1.00 cheque on the 1st June, I should of received a letter from them on the 16th June (latest) instead of receiving a letter from Halifax I have been sent a letter from Albion collections stating I owe £9262.26 NOW. I phoned the collections agency straight away to let them know that I am still waiting for a response from my letter dated on 28th May, and that I had only spoken to Halifax the day before, I then phoned Halifax again to ask why my account had been sent to Albion (Payments have been made on a monthly basis every month) so I couldn’t understand why they have gone down this avenue. According to Halifax the reason they sent my account to Albion was because they haven’t as yet received my June payment, after explaining twice already this month that payment is not late as it comes out on a direct debit on the 28th of each month. I was then told by the guy at Halifax to ignore the letter from Albion and to make sure I pay my monthly instalment on 28th of this month as agreed. I also mentioned to Halifax that I had sent a letter requesting my signed credit agreement and should have had a letter from Halifax on the 16th acknowledging my letter. Every time I mentioned the CCA letter he changed the subject saying a letter is on its way. Im really not sure what to next – I don’t believe they have my signed form, nor do I understand why they sent my account to a collections agency. Can anyone shed any light on this?

Edited by rreeves2682
still waiting Can anyone help -
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I need some advice on the following... on the 28th May I sent off the CCA letter to Halifax, they cashed my £1.00 cheque on the 1st June, I should of received a letter from them on the 16th June (latest) instead of receiving a letter from Halifax I have been sent a letter from Albion collections stating I owe £9262.26 NOW. I phoned the collections agency straight away to let them know that I am still waiting for a response from my letter dated on 28th May, and that I had only spoken to Halifax the day before, I then phoned Halifax again to ask why my account had been sent to Albion (Payments have been made on a monthly basis every month) so I couldn’t understand why they have gone down this avenue. According to Halifax the reason they sent my account to Albion was because they haven’t as yet received my June payment, after explaining twice already this month that payment is not late as it comes out on a direct debit on the 28th of each month. I was then told by the guy at Halifax to ignore the letter from Albion and to make sure I pay my monthly instalment on 28th of this month as agreed. I also mentioned to Halifax that I had sent a letter requesting my signed credit agreement and should have had a letter from Halifax on the 16th acknowledging my letter. Every time I mentioned the CCA letter he changed the subject saying a letter is on its way. Im really not sure what to next – I don’t believe they have my signed form, nor do I understand why they sent my account to a collections agency. Can anyone shed any light on this?

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(How old is the account ?) Once they are outside the 12+2 working days then they slip into default of your request, this is the follow up letter (send recorded) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

If they still fail to send you a copy of your agreement, then you could try this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - with this being the possible effect if they fail to provide - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

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Thanks for your advice – I have never done anything like this before, nor have I ever been sent a letter by a collections agency. I got the loan in 2006 but don’t actually remember signing anything, I have just popped letter 2 in the post! They have been ringing my mobile for days; I have barred their number from my phone for the time being. As I explained to the guy from Halifax last night - I am under the impression that the account in now in dispute as they haven’t bothered to reply to my cca request. Lets see what response I get from letter 2!

Should I stop my monthly direct debit until they have written back? Or should I keep the payments going?

I'm worried they will keep charging me or worse send me a default notice if they don’t get the usual monthly instalment?

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  • 3 weeks later...

CAn anyone help with this one... (have been sent a photocopy of a preference account) I recently wrote to Halifax requesting they supply me with a true - signed agreement. This was sent on 16th June, This was the 2nd letter requesting the CCA (first letter sent 28th May) never heard a thing, i finally got a letter from them last week 09/07/2009, thanking me for my request for information in respect of the loan. please find enclosed a signed copy of the executed agreement. (they have also supplied a statement of the account)

 

The weird thing is my request was for a loan and the ''signed'' (photocopied form) they have sent me states at the top PERFERENCE ACCOUNT? there are no details of when the loan starts, how much repayments are or what interest will be charged. to be honest the signature doesnt even look like mine? is there another template letter i need to send them??

 

Your advice is greatly appreciated

Edited by rreeves2682
Desperate help needed
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Threads merged and moved to the HBOS Forum.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

Can anyone shed any light... I really need some advice on the following..

I have written to Halifax to request a true copy of my credit agreement. I have been sent a letter from them it reads..

 

Thank you for your statutory request for information in respect of the above loan agreement. please find enclosed a signed copy of the executed agreement.

 

PLease find enclosed a state,emt of your acount. This provides the other information you require.

 

They have infact sent me a Preference Account form stating only my name and address there is nothing on the form that states how much the 'loan' is for, apr, interest, monthly payments etc.

 

Has anyone got a template letter, I was under the impression that this was a loan not a preference account (not even sure what this is) please help as getting frustrated with these bunch of cowboys!

Edited by rreeves2682
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  • 2 weeks later...

you have sev threads on the same subject runing

i'll get a ll these merged to your already running thread in the halifax forum.

 

i would suggest that you scan the cca reply and post up the link to: photobucket is best for this.

 

As you have already been advised elsewhere, you need to fire off the failure to comply letter.

 

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 months later...

I have just found out that my Natwest credit card which I took out in June 2006 could be written off. Due to breech of contract for irresponsible lending and because they did not get me to sign a new contrat to changes in interest rate. Has anyone got a template letter to use for such a claim?

 

Thanks

P

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