Jump to content


  • Tweets

  • Posts

    • 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
    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

Are overdrafts covered by cca's


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4979 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hope ok to join the gang on the this one ...

I have a odraft with Nwide for quite a few pennies ... they have now decided that they are cutting the authorised od by half ... and gave me 3 weeks to repay the required balance, which isn't a small amount ..

The od limit has increased steadily by them over the years, never by my signing of anything, but it is only in the last year I have had to use it (long story), my account is over 20 yrs old.

They have reduced it as they say I have exceeded my limit, which was only temporary and wholly down to their charges for bounced ddms .. and then because it took me over my official od limit, then added more fees for exceeding it ..

I have stopped my salary from this month going into this account, as otherwise I would have nothing to pay mge etc, so no doubt they will now want the lot back ... already receiving numerous phone calls a day, starting a 8am and finishing at 9pm ... I don't answer, and they dont leave a msg but I know its their number.

Have read this fab thread, but wondered it I could ask how you guys would play this one .... ? :confused:

 

Hi Abby,

Sounds interesting, have a few ideas for you already, nothing miracle like but good all the same :D.

 

Do you have a seperate thread for this?

Link to post
Share on other sites

  • Replies 188
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

erm this is our overdaraft thread, you sure got the right thread??:)

 

Oops, just re-read the whole thread! Too much going round my head. You have a good thread going on here, looks as if you've got a lot going for you at the moment. Will be watching this to see how you get on :)

Link to post
Share on other sites

Hi all ....

Having had a good read through this one, is it generally agreed that you can CCA the bank for the od part of your account?

I started my own thread on this as not to hijack, but the couple of responses I have had say that the CCA legislation doesn't cover bank accounts full stop, and I would be best to try and arrange a repayment plan with the bank.

Any thoughts or help?:confused:

Thanks .... Abs xxox

Link to post
Share on other sites

just reading the OFT guidelines and noticed this

 

2.6 Examples of unfair practices are as follows:

 

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

 

is this a clear breach then, DLC are the DCA we have CCA'd and hillesdean securites are the ones who have replied so far?

Link to post
Share on other sites

You're quite right but getting anyone to act on such complaints is another matter. Seems that such practices are so common that the regulatory bodies just roll over and play ignorant to such complaints. No law for the banks, lot's of laws for the rest of us.

Link to post
Share on other sites

should we write to hillesden asking why they have replied to a CCA request that wasn't sent to them??

 

It's probably been mentioned before, Faccenda Poultry farmers own both Hilleseden & DLC. They seem to get some what confused as to who they work for as i've got email addresses for the same staff members at all three domains!!

Link to post
Share on other sites

It's probably been mentioned before, Faccenda Poultry farmers own both Hilleseden & DLC. They seem to get some what confused as to who they work for as i've got email addresses for the same staff members at all three domains!!

 

 

i gathered they were the same firm, thats why i was gonna play dumb and ask why they sent me the letter instead of dlc, if i can get them both dealing with the same thing thats a breach of OFT guidelines i can mention :D

Link to post
Share on other sites

i gathered they were the same firm, thats why i was gonna play dumb and ask why they sent me the letter instead of dlc, if i can get them both dealing with the same thing thats a breach of OFT guidelines i can mention :D

 

I think Pretending to be different companies when they are clearly the same company is also against OFT guidelines. So complain about it different companies first then complain about them pretending to be different companies when they aren't.

Really they are wrong whatever way you look at it!!!

Link to post
Share on other sites

hello, there follows an extract of the post #64

 

Section 65 in Part V of the Act provides that an "improperly executed" regulated agreement is unenforceable by the creditor without a court order. It is common ground that a regulated agreement is "improperly executed" for this purpose if the requirements of sections 57 to 63 have not been complied with.

 

to me ' unenforceable without a court action' (extracted from the above) means that even if a written agreeement does not exist the court can still make an order to enforce the od.

 

Please forgive me if i am being thick, but, if the above is correct, why are we bothering the banks with cca's and dn's when we clearly wont be able force the od's into an unenforceabloe poisiton.

 

i hope to be corrected on my view as i have a very large overdraft which is now with RMA, and i need to get it under my control . BAB

Link to post
Share on other sites

i had a reply from hillesdean today the same as the wife's saying they are contacting barclays for the CCA

 

i thought sod it and phoned them to ask why i was getting mail from hillesdean when i CCA'd DLC, apparently DLC trade as hillesdean or visa versa she seemd confused, but either way i shouldn't have got anything from hillesdean and when i asked why one letter from DLC had hillesdean as the client and that it was against OFT guidelines to use to different names for the same debt she said she couldn't comment and got a bit flustered

Link to post
Share on other sites

  • 2 weeks later...

we've had an undated "arrears letter" from DLC on one of the accounts, so i called to ask why are they chasing arrears on an account thats in dispute, she said she could see on the screen that the accounts on hold and that the letters must've crossed, i pointed out that was unlikley as they signed for the dispute letter over a month ago.

 

anyway the only news is that the "loan" account according to them is on hold:-D

Link to post
Share on other sites

It's probably been mentioned before, Faccenda Poultry farmers own both Hilleseden & DLC. They seem to get some what confused as to who they work for as i've got email addresses for the same staff members at all three domains!!

 

You'll probably receive the standard cut & paste "Pay up or else" threatagrams from DLC and any other bumf that actually addresses your letters from

Hillesden (usually signed A E Locke - Director & Data Controller).

 

When corresponding to these people we address it to: Hillesden Securities T/A DLC. I think they should stick to what they do best; stuffing chickens :-)

Link to post
Share on other sites

I've just had the same letter from Hillesden.

 

It seems they are trying to confuse people into believing that they can do something.

 

I am going to write to them and inform them of my current situation first (which has changed dramatically) and then point out why this letter means sod all - ie I have made a cca request that they have not complied with and without the said agreement it is unenforceable (which they acknowledge) and therefore they are wasting their time and mine. Their collections team have already heard everything I want to say because I said it at the start and I'm not repeating myself. No agreement is no payment.

Link to post
Share on other sites

I've just had the same letter from Hillesden.

 

It seems they are trying to confuse people into believing that they can do something.

 

I am going to write to them and inform them of my current situation first (which has changed dramatically) and then point out why this letter means sod all - ie I have made a cca request that they have not complied with and without the said agreement it is unenforceable (which they acknowledge) and therefore they are wasting their time and mine. Their collections team have already heard everything I want to say because I said it at the start and I'm not repeating myself. No agreement is no payment.

 

 

yeah to be honest the mcguffick case was based around a debtor taking on a bank about reporting to credit ref agencies, not really being able to make you pay if there's no paperwork

 

just confusing tactics

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...