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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.  
    • 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
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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.  

      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 
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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.
      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
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you got competition :D

 

'Jacko' to take the plunge and switch-on New Addington's Christmas lights

 

on a a more chearfull note well done, its nice to see people in the spirit of XMAS

 

but then a few will have the spirit of XMAS in them :rolleyes: :rolleyes:

NEVER FORGET

 

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HIGHWAY OF HEROES

 

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At last, a proper Christmas thread, none of this 'Ding Dong Merrily on High' stuff.

Just proper good old fashioned BAAHH HUMBUGNESS that we can all take part in.

Well done Bookie.

Job done, No tinselly bits.

BH TOTN.

Never mind, it could be raining!

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My throat is very sore after accidentally getting some Xmas decoration stuck in it.:mad:

 

 

Doctor said it's the worst case of TINSELITUS he's ever seen:p.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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I finaly put my tree and decs up yesterday!! Yaay! :) I have to admit it wasn't as much fun as it usually is, and I was wishing I could borrow a small child to throw everything on for me :oops:. That being said, I am happy now it's done and it looks a bit Christmassy. It's a bit early yet I know but Merry Christmas to all Caggers, especially those with ba-humbug tendencies :p:)

Mungy Pup

 

I want to live in a world where chickens are free to cross the road without their intentions being questioned. :razz:

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Hmmm looks a bit Bah Humbug at chez Spammies this year I'm afraid....

 

Shipped the xmas decs off to mums and dads last year when I was having work done on the garage and they're still there... :oops:

 

I managed to find a plastic santa in my wardrobe so he'll have to serve as a tree this year... pop a bit of tinsel on him and a fairy in his head... he'll have to do.. :rolleyes:

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They say money talks......mine just keeps saying "Goodbye"

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I managed to find a plastic santa in my wardrobe

 

:eek::eek: I shall not question you further on this Spammy :oops:

 

We almost had accident with our decorations earlier this year. We keep them in the spare room but our old boiler which lived in the loft decided to spring a leak and bring the ceiling in the spare room down with it. Luckily we noticed in time and saved the ceiling to living room. Anyway, it covered some of the decorations and I was praying that the lights for the tree would actually work as they were soaked at the time. Thankfully Santa answered our prayers and when the plug went in the lights did indeed comer on. Phew.

Mungy Pup

 

I want to live in a world where chickens are free to cross the road without their intentions being questioned. :razz:

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Well done Mungy, you actually are the ones who respected the tradition, putting up the tree exactly 12 days before xmas. DH used to insist on that too, but I got him out of that strange habit too. :-D

 

12 days before we can get back to normal. Bah Humbug.

 

IF DLA gets their backside in gear and manage to get us the back payment for T before xmas, I might have something to smile about. The odds of that are not high, after all, it's only been ongoing since March, what's the rush hey?

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