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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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    • 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.  

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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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Sent off SAR request 29 January. They must be overworked 'cos I haven't heard anything. This is my problem? Sending off non-disclosure letter tomorrow giving them 7 days till I complain to the courts. Can't wait to see how much they owe me. It's a shame I have to use 2 envelopes 'cos my Sainsbury's data hasn't turned up either and the address is the shame. Hey ho

 

 

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Just when I was getting a little impatient 2 sets of duplicate letters arrive this morning. One denying ever receiving my SAR request (yeah - well I've got proof of posting) and 2nd letters advising that the data will be with my by Easter. Oooooohhhhh I can hardly wait. :!:

 

 

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  • 4 weeks later...

They live in cloud cuckoo land. Had a letter referring to my letter of 26 January advising me they are 'unabale to process this request for you, as we do not have sufficient information to confirm all the details required'.

 

Well, they are still sending me statements every month. Now I'm getting mad!!!! Can't decide whether to 'phone them up or go for non-compliance order this Friday. Any thoughts people?

 

 

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Now we have been advised to claim more than 6 years can I write back to Halifax asking for more data? I originally wrote in November so I am wondering if it is now too late. Would it be more sensible to send another SAR? My account with them may go back pre-94 and I have read that Halifax can still access data from old computer system (in the branches) so there should be no excuses. Meanwhile I am going to send a prelim for just the few months I did not claim last year. Here I go again................

 

 

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Glad to see ypu back sally...:D :D

 

Did you get away yet on your hols?

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Yes we went away to Slimbridge in Gloucestershire last weekend and had a lovely time. Next outing is likely to be Mayday weekend when I am planning to stop at a beautiful YHA at Llyn Gwynant near Betws-y-coed overnight. How about yourself?

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Prelim going off today for the 10 months that was outside the 6 year limitation period plus some odds and sods from earlier this year. For my sanity I have decided to go just for statutory as I just don't have the mental energy to claim contractual and deal with multiple points of law whilst working over 10 hrs a day just to stand still. It's only a few hundred but I expect my next claim going back to the 90s will yield a few surprises.

 

 

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Patience may be a virtue I have in spades but there comes a time.................

 

Send off my original SAR request last November but the cheque bounced. Sent replacement cheque in the new year and then sent non-compliance letter last month. I then had letter saying 'sorry, info will be with you by 9 April. Then yesterday I had further letter saying as I am still in arrears and they will be issuing default notice. This despite the fact that I am paying via the cccs. Was I mildly irritated - too true I was. Whether my assumption is true or not I got on the 'phone and said they could not default my account as the claim is in dispute and where is my data 'cos as a result of letter in my hand I would be filing for non-compliance on Tuesday. Nice girl at the other end said she would send e-mail to relevant department so I said thank you for telling them to get their act together and I would not file for non-compliance on Tuesday.

 

If a week passes and I still have no data am I correct in assuming I claim my £10 fee back via the court as I cannot see what expenses/damages I can ask for.

 

This is like pulling teeth. What is it going to be like when I go back approx 12 years?

 

 

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Sally

 

Do your research on Data Protection Act non-compliance and get moving on that. Never mind the £10 fee, it's the statements you are after?

 

In the meantime, you also need to get the Halifax to hold off the Default Notice.

 

Send a modified 'prelim letter' a.s.a.p, but change it to allow for the fact that you are still waiting for a full list of charges. The prelim letter is usually a complaint for a very specific amount. Your letter will need to be a more general one - for a sum 'to be advised' maybe?

 

Most importantly, ensure that the words 'complaint' and 'in dispute' are prominent in your letter, and ask them directly not to default you. Send it Recorded (Signed For) Delivery - it'll cost £1.00 for First Class.

 

You *must* also contact the CCCS urgently and explain to them what Halifax are doing - their advice will be invaluable.

 

It's also best to keep communication with the banks to recorded delivery letters only - if they phone you, politely ask them to confirm what they are saying in writing, and that you will respond fully to their letter when it is received. Do not trust phone calls from banks or their lawyers.

 

Yes, it is like pulling teeth.

 

Go and sharpen your pliers ....

 

T.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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Thanks Todge. I have already sent an e-mail to cccs informing them of default notice and asking them to tell halifax my financial situation is the same.

 

The reason I think I need to put £10 fee in claim for non-disclosure is because the library template talks about costs and damages and so far that is all I have forked out. Yeah, all I want is my data and when they fail to go back to the agreement start date I will complain about that. So far I have sent everything with Royal Mail's FREE 'Proof of Posting'. It's legal and does for me.

 

 

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:D hie guys im a step 4ward now thanks to you all again :) Now i have received my statements ,what they did was they sent me 2 packs of envelops full of them so i had to pick all the charges and add them up but i found out that some few months were missing ,about 6 months in 2002.do i phone them and ask for the rest?

 

i also added the amount to £1095.5 with no interests , How do i add these interests for each charge?

And last but not list guys you know i will always come back , WHAT DO I SEND TO THE BANK NOW ? THE CHARGES? PLEASE HELP I WANT TO SEND THIS BY TUESDAY.

THANKS

AND ENJOY YOUR WEEKENDS . sorry for changes im getting how things work bit by bit! please help with the above issues:???:

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Thanks, I have been out in the garden, watched some telly and cooked a lovely roast sunday lunch and am now sat here with a beer, so nicely chilled thanks very much.

 

Go back to the templates library and find the non-compliance letters section. There is one tailor-made for every eventuality and their failure in not sending all statements for whole claim period will be there. With regards to interest I don't have a clue at the moment AS I AM STILL WAITING FOR MY STATEMENTS but if it is like current account it should state interest debited at the end of the month, but I am just guessing. Do you have your own thread yet? If not go to the start of halifax forum and at the top on left-hand side it will say 'start new thread' click on that, give yourself a title and away you go.:p

 

 

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After you have got all bank statements that would be the time I personally would send preliminary letter using 'Proof of Posting'. I would use 'proof' for non-compliance letter as well

 

 

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I dispute that. RM promise to deliver 1st class within 2 days of when it was posted and it has been stamped and you have the receipt with the receipant's address so what more could you ask for? Should any bank etc say no such letters (prelim, lba) were posted you have the proof. The courts themselves post 1st class so they have faith in our postal system. I am planning on using recorded when I send off proofs required by the court however.

 

 

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Even then the banks can be tricky.

When i won my nieces claim with Barclays, i had proof (recorded) they recieved her letters, but they still denied it and made us send twice.

 

But i always do recorded, it is good for you if it gets to court.

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LBA going off in post tomorrow. I took my eye off the ball and they are taking £78 from me this Friday. Oh well this will take my total to approx £500 when I file my N1. Surprising that they have not replied saying I cannot claim outside the 6 years. Oh yes I can..........

 

 

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He he, you go for it girl. :D

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Was I thinking too loud? Just wondering if I should have mentioned relevant section of Limitation Act in letters or do you also think putting it in POC will be sufficient?

 

I'm also proper fed up. Not another win since Halifax. Am waiting on NatWest, Barclaycard and even the reliable (until now) Co-op have not coughed up. I don't want to be greedy so just one win would do before Whitsun. Perhaps I should go after my old mortgage company finally. How are you diddlying these days. And where is 'Doo'. 'Survivor' seems to have dropped off the edge of the world too.

 

 

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Doo is always on the cap one thread now. I do pm her and i like to update on what she is doing, but not hears anything from survivor for ages.

You do need another win dont you. But just think of when it all rolls in...(hopefully not too long) Are there any near the time for a payout??

 

Guess what i have just remembered i had 3 catalouges, they were transfered to another company and with my wins i cleared them.

 

Im going after them now....:D :D Yey!!

I thought i had no more for me, he he he. Just sorting SARs out now.

HOW TO...DUMMIES GUIDE TO CAG...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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Ooooohhhh, good. P'rhaps I am being tooo sharp, but if these 3 companies charged you and then the company it was transferred to also charged you surely you could go after all 4?

 

I have a court date of 19/06/07 for NatWest and am waiting for my 2 N1s to be deemed served on Barclaycard and co-op. Co-op seem to be paying up approx 1 week after N1 served. I live in Hope (and die in Kigerley- can't spell second location. A local saying from North Wales).

 

 

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