Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • 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
  • 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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4889 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

Hello,

 

I had a topic on here few weeks back asking for help but I asked a admin to remove it because a family member was looking around this website and i didn't want them to notice what trouble i was in, but since then i have came out to them and explained my situation.

 

Anyway i have 6 payday loans and 1 credit card will list below.

 

Original loan for - £450 with Quick Quid - Default = £699 i have told them I’m willing to pay back £562.50 and £112.50 interest but nothing back yet.

 

Original loan for - £200 with Payday Express - Default = £315 i have told them I’m willing to pay back £250.00 and £50.00 interest i need send P45 to show unemployment.

 

Original loan for - £71 with Wonga - Default = £140.58 i have told them I’m willing to pay back £100.64 and £29.64 interest but nothing back yet.

 

Original loan for - £100 with Safeloans - Default = Unsure but i have told them I’m willing to pay back £126.83 and £26.83 interest i need send P45 to show unemployment.

 

Original loan for - £100 with ToothFairy - Default = Unsure but i have told them I’m willing to pay back £126.83 and £26.83 interest i need send P45 to show unemployment.

 

Original loan for - £80 with 24.7 Money - Default = £224 i have told them I’m willing to pay back £100 and £20 interest but nothing back yet.

 

Credit Card – Capital One - £148.93 - £48.93 over my limit which was £100. I haven’t contacted these yet so any advice would be great.

 

Problem is i'm claiming JSA which is £103.70 every 2weeks i have offered them all £10 a month repayment and stating i will only pay them by standing order and will only pay the amounts back which i stated and no further interest but i did say once i get back into full employment i will pay the remaining balance off.

 

I understand it's not much £10 a month with the amounts i owe but it's all i could afford i have stretched out my budget!

 

So my main point for posting this is does anyone have any further information which would be useful for me so they have to accept my payments? I'm worried over the 247Moneybox the most because it's sky rocketed up so much in such a small period of time.

 

Would also like to know how safe i am sending copy of my P45?

 

Thank you sorry for the long boring read.

 

Also forgot to add my overdraft on my bank account was £4400 and is now in -£4425.83 any advise on this would be great i have been thinking of booking appointment with my bank manager to discuss this and maybe they could loan me the overdraft clear it and then i can make monthly payments to it seems easily to clear the debt i thought but i don't think i shouldn't book this till i gain employment?

Link to post
Share on other sites

The biggest problem here is the overdraft as far as I can see as your benefit payments will be swallowed up by interest and charges if you pay the money into that particular bank. In my opinion, it is always wise to make sure that YOU are in charge of your money and not your bank. Therefore it may be wise to open a BASIC BANK ACCOUNT with another bank before entering into negotiation as such an approach will alert them to the problem and they are rarely sympathetic.

 

As for another loan that will simply increase the debt.

 

My view is follow the above and offer them all token payments of say £5.00 per month. (If you need assistance your local CAB will help

Edited by Crocdoc
Spelling error (never bean wun oh mi bestest subjecks)
Link to post
Share on other sites

Yeah i have already did that i moved too TSB which gave me their classic account which was a surprise i thought i would of got a very basic account but i have all the same features i had with my natwest one.

 

Thanks i been thinking of visiting my local CAB but i'm a little worried too at the moment but i think first thing Monday i'm going to book an appointment.

 

Thank you

Link to post
Share on other sites

Hello,

 

I offered the £10 a month each to my 6 payday loans, but they keep emailing me saying it is not acceptable etc but i keep stating my case towards them. I haven't spoke to the bank or my credit card company yet.

 

I get £207.80 a month in benefits and still looking for active work.

 

I am keeping to a tight budget and making sure i don't spend what i haven't got so i think it's going ok.

 

Thank you

Link to post
Share on other sites

Anthony they will fuss and fight but your circumstances are genuine and you must stay firm. I think that you have been generous out of a very small budget and take my hat off to the amount you have put forward and i wish you well in all of this and hope they all see sense x

Link to post
Share on other sites

Well i worked out a fair budget and thought i can just keep scraping myself through until i get back into full employment then i can up the payments and start contacting the bank to try make arrangements with them they are only people i'm most worried at.

 

Thank you

Link to post
Share on other sites

  • 3 weeks later...

Hello It's me again, I have an issue and want to know if any1 can deal with it...

 

I received a email from - NDR - NDR - Greg Campbell [[email protected]]

 

Saying my Toothfairy loan has been passed onto them and if i don't make a £540 repayment within 5days they will send out debt collectors to the house...

 

Could anyone help me out is this just to scare me or is it real?

 

Thanks

Link to post
Share on other sites

it s a scare tactic. Call them or email them and make them an offer. They cannot and will not send out debt collectors to your house as this is illegal unless they have a court order which i'm sure they dont. It s a baseless threat but nonetheless you should make contact with them and start paying them off.

Link to post
Share on other sites

Thanks for reply.

 

I am trying to pay them i have told them how much i should offer and people have said i'm offering more than i should (£10) month my local cab said i should offer (£1).

 

But they just don't seem to want to work it out with me i think i need to lay it on thicker.

Link to post
Share on other sites

Hi ant. a token payment in dire financial crisis can be £1. As long as you keep your ground there is no court in the land that would not acknowledge that that is simply all that you can afford. Dont be fazed by the bully boy tactics of these companies.

Link to post
Share on other sites

i appreciate everyones comments by my general stance is £1.00 per month is a joke that doesnt really help with in sorting the situation out. by the time you get even close to paying the debt off you could be dead. Realistically you should offer a fair amount and pay it off so that within a few years at an absolute maximum your debt would be clear - again, its your choice and only my personal opinion.

Link to post
Share on other sites

Hello,

 

I got a letter today from NDR. On the envelope of the letter they is a big sticker saying "NORTHERN DEBT RECOVERY URGENT ATTENTION REQUIRED". They allowed to do this? Anyway it's the same as my email i received word for word etc only problem is my mum read it and got a little upset thing they going to break into house etc. Also my sister said it was posted in the letter box by hand not a post man and also on the stamp on the envelope it's not stamped by the post office. They allowed to do this aswell?

 

Thanks.

 

I'm ringing them in the morning to sort it out and telling them i do not live at that address no more and to stop harassing it.

Link to post
Share on other sites

Ant, they need to go to court before they can send anyone round as they threat but a judge would see that you are unable to repay this debt and order a payment of 1 pound or 10 pounds if this is all that you can afford. Unfortunately there is not alot you can do about the envelope....scutters that they are some people have even had letters sent to neighbours. Its awful that your parents have seen this however now that its out in the open at least you can talk positively about how your going to work through this.

Link to post
Share on other sites

Ant, good luck tom with phone call. If you manage to come to an agreement and i hope you do get them to email you confirmation. Ive found my emails very useful as one of mine tried to send me to DC whilst on an agreement with them. Let us know how you get on tom

Link to post
Share on other sites

Legally anyone you owe money to can instruct a debt collector to recover their debt.

 

Please remember these are just debt collectors not Baliffs, all they can do is knock on your door and ask you to pay, they can not remove goods. It is just another scheme to bump up your debt (they can pass on a fee to you for instructing them).

 

Tell the debt collector you have made an appointment with a debt management company (refuse to give details) they know they will not be able to collect anything from you, dont be bullied or believe their threats of court action.

Link to post
Share on other sites

Hi,

 

Whatever you do - DON'T CALL THEM...they will agree a deal with you...take your card details and empty your account leaving you with no money for food!

 

Email them - offer them what you can afford - and should they take you to court I suspect the Judge would take a dim view on them trying to keep you in debt without allowing you to repay the loan...

 

But make sure all correspondance is written and and also never give them your bank details...you stay in charge.

Link to post
Share on other sites

Written is always better - we all know these companies are not easy to deal with on the phone and they can say whatever they feel like to scare you or bully you into agreeing something...

 

this is why you should always insist the all communication is wrtitten - then if you need it at a later stage you have it all in writing...if you talk on the phone how you ever going to prove what was said...there are countless examples of phone call verbal agreements being 'forgotten'...

 

noone achieved anything by phone with these people...trust me, PLEASE......

Link to post
Share on other sites

  • 1 month later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...