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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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Cabot and 14k debt


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I am currently in dispute with cabot over a debt they bought from Barclays some years ago. This debt isn't statue barred as I’ve paid some money off the debt in the past 3yrs. Cabot are now starting to increase the pressure and added numerous charges to the account despite me telling them the account is in dispute.

 

After CCA was sent I finally get a microfiche with my signature on from 1992 which was clearly an application for visa and MasterCard on the same form, I also ticked I wanted a free atlas! The back of the form was blank and on a separate page some current terms and conditions.

 

Now I know cabot are coming after me, and this will probably end up going to court, so I’d like to get up to speed on what I need to do.

 

1) I’m sure I’ve never had written assignment from Barclays that the debt was being passed to cabot – is that a defence?

2) The application form doesn’t have credit limit/payment terms – is that a defence?

3) Finally I guess I could delay proceedings by claiming illegal charges on the account?

 

Does anyone else have an ideas how I could proceed if those goes further?

 

Sorry I can’t post the microfiche, but its not a very good copy and I don’t have access to a scanner.

 

Can someone please advise me on this?

 

Many thanks in advance.

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Many thanks for the reply and I’m going to reclaim the charges on the account as this debt has risen from 9k to 15k over the past few years.

But if my agreement doesn’t have a credit limit on, or payment schedule, does that make it unenforceable right away and I don’t need to worry about gong to court for now as I have my defence?

I’m also wondering if anyone else has had a credit agreement sent from the early 90’s that is enforceable? Its seems to me like nothing from around that time would be enforceable, but I maybe wrong.

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be careful re the courts, I had a unenforceable agreement but the judge just said it looked like a agreement to him.

It had none of the prescribed terms and clearly stated that it was a application form.

 

Some Judges just dont know the law.

 

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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That’s just not on Dave, I guess you could have quoted a case where a judge has thrown out the case because the prescribed terms are not on the form? But having been in court once myself, I know its not easy to do when the pressure is on.

It does seem that some judges are just not up to speed on things. I went last year and the judge said he wasn’t interest in credit agreements, he was only interested in if I owed the money! I eventually got it set aside because of the charges on the account, but he wasn’t interested in them proving I owed the money to them.

It’s a mine filed.

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Oh I did quote this and that but he just stated that it looked like a agreement to him and that I should stop reading things on the internet and get some legal advice.

He was a complete tosser !

 

So legal advice is what I have now got and we will take it from here.

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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