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    • 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?
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lowells chasing old barclays current account debt


sussex1
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i've had a current account closed by Barclays and passed to debt collectors (letter attached). I've never heard of this company who are asking for payment in full and am wondering what is the best way to deal with them. Any ideas?

http://i297.photobucket.com/albums/mm223/sussex1/barod-1-1.jpg

 

thanks

 

Edit I have removed the link as it contains personal data

Thanks Saintly, forgot about the giro slip part, all details removed now

Edited by sussex1
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Dear Sir or Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collectionlink3.gif, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

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Hi sussex1.........DM are a DCA that Cag have come across before.............you only need to pay what you can honestly afford,work this out make DM the offer and lets see what there attitude is,ONLY WRITE TO THEM DO NOT PHONE..........add to your letter this matter will only be dealt with in writing....they will probably ask for Income and Expenditure,do not give these details to them they have no legal right to this information,only a court can ask for this........I am sure you are aware as it is a bank account CCA does not apply if you do not have all your account details etc a SAR might be of use depends very much on whether you have all statements ................I wish you all the best...........Harrasedsenior has given you a good letter to write to DM..........did Barclays advise you that the account was being passed to DM..............Barclays are not good at keeping you in the picture..................FS

Edited by firstship
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My first thought when I looked at the letter was that it is very similar to Sharklaycards own type face!

However there is such an outfit as DM in Edinburgh.

Don't like to say much do they? IMO I wouldn't pay them anything, make them work for it first, you certainly want alot more info regarding this alleged debt first, have you claimed the charges back on this?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi

 

no I have't claimed charges back, I thought I had mised the boat on that as its a current account and not a credit card. I have in the last few months received a termination letter from

http://i297.photobucket.com/albums/mm223/sussex1/1-1.jpg

 

not sure to be honest if as with credit cards when the company terminate if they have to adhere to guidelines or not.

 

thanks

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Regardless, if there has been any charges on your account, you can claim them back to offset the total owing, ideally you need to bring it down to below £750, then they cannot threaten you with bankruptcy, however, I note they are going to be adding £14 a month in interest! Charming.

You need them to stop the interest as there isn't a chance you'll pay it off in installments.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I would imagine, I dont have the statements, that the majority would be charges. This is an account my salary has not been paid into for well over 10 years. Is the best way forwards to send them an SAR or is something else required?

 

thanks again

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when was YOUR last financial in/out

 

looks like a phishing exercise to me.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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darn sb's out the windows then

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

This company are still pursuing and have now sent this

 

http://i297.photobucket.com/albums/mm223/sussex1/3011102-2-1.jpg

 

any advice on how best to deal with them will be greatly appreciated, I'm not sure how it works as its for a current account rather than a credit card. DO they have to send, default and/or termination letters?

 

thanks

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still a phishing letter designed to make you contact them.

 

it would be useful to know how much of this o/d IS charges

 

because there is no way they'ed go near court if it were.

 

pers i'd still ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, still getting several calls a day (which I don't answer) and letters, one of which offered a possile discount. Is there anything I need to specifically send to them at this stage?

 

thanks

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Further to this, I have today received this

 

http://i297.photobucket.com/albums/mm223/sussex1/dml-1-1.jpg

 

another "we my" issue, although they re now stating at which Court, which I have never had before. Is it liklely they will? I cannot get a CCJ as I will lose my job.

 

I'm really quite concerned now as to what to do. Should I really be sending something to them now, asking them to prove the debt?

 

Thanks

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Hi,

Although it still says "may" I'd now be inclined to respond. Here's a CCA request amended for an overdraft.

Alternatively you could request it via CPR as they've threatened legal action, but send this first to make them sit up:

 

Dear Sirs,

With reference to your letter of (date) re Account Number xxxxxxxxx

In the letter of termination I received from Barclays on (date) they stated that

"It is a term of your agreement with the bank that the full amount is repayable on demand, with interest, at any time"

I have no knowledge of signing or receiving any such "agreement" or the terms and conditions to which the letter refers.

As this is an overdraftlink3.gif, it constitutes a debtor-creditor agreement within the meaning of s.8 and s.13© of the Consumer Credit Act 1974, as demonstrated in the case of Coutts v Sebestyen (14th April 2005).

 

In view of your threats of legal action I therefore make a formal request for pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

Important: If no such agreement exists I require that you confirm this in writing.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

PRINT NAME DO NOT SIGN.

Enclose a PO for £1 and send recorded.

 

 

I would also now send a SAR directly to Barclays. If you need the template there's a link in my blog.

 

 

Elsa x

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