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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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      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DLC and EGG card CCA request.


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I sent a CCA request to dlc regarding an Egg Credit Card account.

Got their reply this morning. I don't have a scanner so will copy it out word for word.

 

Dear Mr XXXXX

 

Account number XXXXXX-Egg Banking Plc

 

Thank you for you letter dated 12 June 2009 regarding the above account. I can confirm and advise the following :-

 

1. I acknowledge receipt of your payment of £1 in association with your request for documents under section 77-79 of the Consumer Credit Act 1974.

 

2. This account has been assigned to Hillesden Securities T/A direct legal & collections to collect on our clients behalf.

 

3. Your request under the Consumer Credit Act 1974 would normally be made directly to the client that legally owns the account, in this case Egg Banking Plc, however, we will put a request in to Egg Banking Plc on your behalf for the documentation required.

 

4. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

 

Yous sincerely

 

A E Locke

 

I have been paying this debt through the CCCS and no interest is being charged.

Could someone take a look at this and advise me what action to take next.

 

Thanks in advance.

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I think it's a case of sit tight and see what comes. I think because of the time that's passed since you ccad them you can now stop payments until they produce the correct documents.

 

 

I have been paying this debt through the CCCS and no interest is being charged.

I don't know if this affects things though.

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I think it's a case of sit tight and see what comes. I think because of the time that's passed since you ccad them you can now stop payments until they produce the correct documents.

 

 

 

I don't know if this affects things though.

 

nope

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  • 1 month later...

Sent off CCA request to dlc and got the usual letter saying they are not obliged to provide a copy bla bla bla.

Today I received this letter.

Can someone take a look and advise me what if anything I need to do next ?

Thanks.

 

SSA54250-2.jpg

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  • 3 months later...

Been receiving letters every 21 days from DLC and Hillesden saying they are trying to obtain a copy of my original agreement and my account is on hold till they produce it.

Today I received this letter from ARC Credit Management. (attached)

 

Should I now CCA ARC ?

Thanks in advance.

ARC credit management..doc

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  • 1 month later...

Will someone take a look at this and advise my next course of action.

Received this from ARC yesterday.

 

"Dear Sir,

 

We are writing in response to your recent correspondence.

 

We have contacted our client and they have confirmed that they have not received a signed request for your Egg Credit Card Agreement together with the statutory fee, therefore no Agreement was sent.

 

In order for our client to provide you with a copy of your agreement, would you please send them a cheque for £1.00 being the fee allowed under the Credit Consumer Act with your information request to the following address:

 

Data Request Team

etc.

 

Upon receipt of the same, they shall supply you with the appropriate data within the statutory period of 12 working days.

 

Please note that receipt of the request will not in itself delay our client's prior instructions to seek payment of the debt from you.

 

Yours sincerely

 

J Turner."

 

Do I need to send another CCA request off direct to Egg bearing in mind DLC had one in June?

Thanks in advance.

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If they have failed to send you the agreement then send them the account in dispute letter, and withhold all payments until such time as they do come up with such an agreement and an enforceable one at that!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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In that case then you need do nothing. If your credit file is of any importance to you then you could keep an eye on it and see who is leaving their mucky paw prints all over it, but other than that I would let sleeping dogs lie and wait for their next batch of threatogrammes..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

I've been reading through loads of threads regarding Egg credit card agreements and I think mine is the same as most.

I'm thinking of sending this letter to ARC (stolen from this thread.http://www.consumeractiongroup.co.uk/forum/egg/177463-response-our-egg-cca.html

 

"Dear ARC

 

Thank you for you letter dated XXXXXX, unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3)

 

I trust you will now be in a position to reduce the balance on this account to £0 and remove any default that you have registered with any credit reference agency as required by the Data Protection Act 1984 since it is obviously incorrect as no agreement existed between me and Egg. If you refuse, I will commence court proceedings against you under s14 of the Data Protection Act 1984.

 

I look forward to your favourable reply within the next fourteen days."

 

Can someone advise me if this is the correct way to go?

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