Jump to content


  • Tweets

  • Posts

    • 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
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
  • 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

Lost CCA from creditor said in writing: what do I do now?


hardboiled
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4933 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

I asked over several month and several letter for a CCA and got this as a reply EVENTUALLY

:-x loan taken out around the year 2000 lost job struggled since. The loan insurance was inadequate and only covered me for 12 months when I was told it covered everything ( doesn't look like it 9 years down the line )

I had other debts at the time on cards and for a car... they were paid off in 12 months by insurance!!

It's taken since Feb 2010 to get this far. I Stopped paying them a few months back when I had no response and gave them the 12days +2 and the obligatory £1, which removed from the balance.:-x

 

 

 

Thank you for your recent letter dated xxxxx requesting a copy of your Credit Agreement.

Our records show that your personal loan, number xxxxxxx and current account

xxxxxxxxx was closed for Debt Recovery purposes in xxxx and transferred to our

Consumer Debt Recovery department under reference xxxxxx with an outstanding

balance of £7,000.

Regrettably, it is no longer possible for us to provide details of the loan account, such as a copy of the Credit Agreement from when the account was opened. However I have enclosed copy statements of your loan account and current account for your reference.

Although we are obliged to keep such documents for a reasonable period of time, we are not required to keep these indefinitely. Whilst I am sorry for any inconvenience caused to you by us not being able to supply these, I do not feel that it is realistic for us to have retained these documents from 2001, when you loan was advanced.

I am sorry that I am unable to provide a copy of your loan advance documents from 9 years ago, however I am satisfied that it is correct for us to look to you for the repayment of your borrowing.

Since 2004, we have received payments totalling £xxxx and these have been used to reduce the outstanding balance to £xxxxx, as today’s date.

We have appointed BLS Collections to act on our behalf in the recovery of this debt and I can only suggest that you contact them with your specific proposals for the repayment of the remaining sum

They also sent a partial statement detailing transactions and nothing more.

 

I'm really not sure what to do now. I'm not in the habit of giving people ammunition so haven't written back to the DCA yet. I'm getting the odd call which so far has resulted in BLS putting the phone down when I ask them for details of who I'm talking to. No letters so far just the odd call.

 

Can anyone help ??? :?:

Link to post
Share on other sites

Although we are obliged to keep such documents for a reasonable period of time, we are not required to keep these indefinitely.
Under the Data Protection Act and the Money Laundering Act they must keep these documents for 6 & 5 years respectively after the a/c is closed.

 

The formula is simple, No CCA = No Enforceable Debt. So for the time being ignore them and see what stupidity they can come up with next.

Link to post
Share on other sites

Absolutely do nothing.

 

I had two accounts with the same creditor, neither of which had an enforceable CCA. I decided to try my luck with the smaller of the accounts and all it has got me is 4 years of harassment, all over £175. On the larger account that I left alone, I've heard nothing at all since.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

  • 3 weeks later...

Quite a normal threat............should you want to write to BLS,(remember they are only acting for the OC)Your client has made it very clear that the agreement that underpins the account does not exist,which leaves the account in dispute,I remind you whilst the account is in clear dispute,a 3rd party may not act on behalf of the original creditor,may not ask for payment etc,you are very aware of the guidelines that cover this situation,and until such times that my CCA request is fulfilled,I trust all communication from you will cease ............A letter along these lines should slow them down considerably.....................................................By the way did you send an account in dispute letter???????????.......................FS

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...