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    • 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.  
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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
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Basa48 v Tesco


basa48
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What they have sent is unenforceable, the first document with your signature is an application which does not contain the prescribed terms. The second document although it does have the prescribed terms does not contain your signature, or indeed anywhere to sign anyway :rolleyes:

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Can you scan & post the DN too?

 

Thi is driving me crazy...I've edited the pic to remove personal data and reuploaded. The image is correct now but everytime I post the link it puts the pic with my info up????

 

Got the right pic up at last (had to rename everything) :mad::rolleyes:

Edited by basa48
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Can you scan & post the DN too?

 

I'll have to do that tomorrow.

 

 

I have issued a claim through my local court against Tesco citing s.59 & s.61.

 

Car2403 doesn't like s.59 and now I feel decidedly unsure and will not use it if it goes to a hearing.

 

My main concern is that whilst I asked for a specified sum in return of default charges I also asked for DN removal (DPA s14) and damages (s13) at the discretion of the court.

 

The court issued the claim as a fixed amount claim. How do I get the additional damages and DN removal if I get judgment by default??

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Thi is driving me crazy...I've edited the pic to remove personal data and reuploaded. The image is correct now but everytime I post the link it puts the pic with my info up????

Thats probably because it's in your 'page archive' on your 'puter.

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Thats probably because it's in your 'page archive' on your 'puter.

 

Yeh .. I had to rename the edited file (I had just saved it as the same file name). OK now. Cheers.

 

OK way past bed time, up for work at 06:00 am !!! :eek:

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Can I join this thread please ? I have just been terminated by Tesco. My minimum payment crossed in the post with their notice of termination following a default notice. There is no going back and the interest accumulates. I was pretty upset and said well if the interestwill just continue to be applied to my account I am not going to be in a hurry to pay any more money. The will eventually give it top a DCA> My question is - will interest continue to be applied if it goes to a debt collector, be it an in-house one or not ? My copy agreements are quite similar to Basa48's buit I do have a copy of a signed (by me) Credit Card Welcome letter - 3 pages -where on page 1 it states ' Thank you for using our website to submit your application etc' and on page 3. I hav, Incidentally page 2 contains the e signed the box which states 'this is a credit card agreement agrrement. Sign only if you want to be bound by its terms'.

Incidentally page 2 contains 'key financial informatiom, other financial information, interest rates and key information. - exactly the same as your posted one.

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Hopster if you start your own thread & if possible post up copies of both the agreement & the default notice we'll have a look for you + it won't confuse things advising two people on the same thread. ;)

 

Two problems here.

1. I have forgotten how to start a thread and 2. I don't know how to post up the copies. If it straightforward I should be able to do it.

 

I really think I need your help.

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Scroll to the bottom of General Debt Issues - The Consumer Forums & click 'New Thread' and a new window will open.

 

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it. ;)

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I can't answer that I'm afraid, have you tried the legal forum?

 

I'll try that. Incidentally Tesco have until tomorrow to acknowledge my claim.

 

I actually doubt they will, but you never know. I expect they'll wait for the default judgment then apply for a set aside, just to prolong the agony. :x

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Update:

 

Tesco did NOT acknowledge and my request for default judgment went in today.

 

This is the second creditor to not acknowledge !! Is this common practice? I assume they will apply for 'set aside' once the judgment is in.

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A lot of them think they're poker players, but fold at the last minute.

 

I'm not sure how long you (they) have after a judgment before a set aside is no longer permissable.

 

PS: Just spotted your 'location' in your sig. panel......LOL :lol:

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Need some advice:

 

After the defendant (creditor) did not acknowledge my claim by the due date I returned the request for judgment shown below. I sent ONLY the bit edged in red (i.e. not the Notice of Issue at the top). I hope this is right.

tescoreqforjudgmentimg.jpg

The court advised me it wont be registered on the case files until the judgment is made in about two weeks.

 

In my claim I asked for return of default charges (specified), declaration of unenforceability, removal of DN and damages (unspecified) for the DN.

 

I assume the judge will set up a disposal hearing. But I also assume the defendant will apply for a set-aside. Can I challenge a set-aside?

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  • 1 month later...
  • 1 month later...

OK not Tesco as creditor, but I have another creditor against whom I have a default judgement. They didn't pay the claim and now some 8 weeks after the judgement have applied for a set-aside!

 

I have already written to the court with brief details of my opposition to the set aside. The hearing is due in around 3 weeks.

 

The court manager suggested I write in with my opposition about 2 weeks before the hearing, quote: "so there are no surprises". I have prepared a full witness statement of my case together with a bundle of evidential documents.

 

  • Do I just send it into the court (copies to CCC sols of course) or
  • do I have to make a formal N244 application (with fees) or
  • just wait for a response (if any) to my earlier statement or
  • just turn up at the hearing with my stuff?

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  • 11 months later...

Well things have moved on since my last post.

 

Tesco actually coughed up my claim monies.8-) However their DCAs are still threatening court action for the full amount on the account.

 

(I stopped payments ages ago, they have issued a valid DN and TN).

 

Carters are the latest to put the account on hold whilst they referred back to Tesco for 'further instructions'.:violin:

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  • 5 months later...
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