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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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      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.
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i need Urgent Help rossendales wont listen to me


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hi if any1 out there can help me id be so greatfull

 

i took over my parents mortgage 2 years ago and 4got to tell the coucil

 

now they have backed dated 2 years of council tax to me and my parents

my one being 1408.35 and my parents around 800

but my mum and dad havent paid for years cuz my dads on pension credit and is aged 80 and my mum 60

 

we are a chinese family bye the way and my parents can barely speak any english and the bailf wont lisen to me.

 

i have since lost the house and am now renting it on housing benefits

 

i am in major debt but have my own business and cant get help

 

my whole family has worked years and not asked for any help with anything my dad workin 50 years in england paying lots of tax and never asked for any help.

 

so we went to the council and they refused to help us they said we need to speak to the bailifs but the bailifs wont talk to me

 

i want pay in installements of 200 a month but he keeps saying he want evrything by friday and is being unreasonable stating he wants 1400 first then the rest in 100 weekly installements otherwise he will reposses my goods

 

things are so bad now that a family of three me my mum and dad are liveing of my dads pension which is about 180 a week we cant afford such payments

 

i was wondering can we pay the council directly into there account instead of the bailiffa due to the fact rossendales wont allow any payment other than the full amount

 

please please help me i had such a bad year ive lost everything oh it is puttiong a massive strain on my dad

 

i think its wrong intimidating a 80 year old man

 

its not fair i want to pay really i do i hate debt please reply

Edited by dx100uk
clarity.
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Find out who your local councilor is and contact them - phone them - at home if need be - and tell them about the situation.

 

Also contact your local MP.

 

The Council can take the debt out of the Baillifs hands.

 

Best thing to do with the Baillif is do not open the door to them - do not talk to them - do not let them into the house - eventually they will have to pass it back to the council.

 

I will contact a member of the site team to see if this needs moving to a more appropriate thread where you may get better help than i can give.

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thank you so much for the quick response really appreciate it. i already tried ring my mp and left a few messages but no reply. im not used asking for help but have had a really bad year losing everything inc and almost my family i want to be honest with my debts and tackle one by one but bailiffs really making life even worse i think i can afford about 200 a month to clear the debt is this reasonable offer i have been in to the council with my parents and they told me there is nothing they can doi have to deal with the bailiffs just feel hopeless

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can we confirm please........

 

how much are the liability order[s?] for [ ask the council for the original LO figure]

 

how much is the bailiff asking

 

how many times has he been

 

have you let him in

 

has he levied agaist good or gained entry or a walking possession yet.

 

dx

siteteam

 

ps yes you can pay the council direct via internet banking.

 

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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the one in my nameis exactly £1403.83

and my parents are 844.42

 

have you got a list of his fees so far?

 

 

and i have not let them yet although they have been about 5 times and never gained entry

 

good

 

 

so can i pay the council 200 a month or not??

 

yes off you go, look on the back of the two ctax bill and use those details

to pay £100 to each A/C

and hes asking for the full amount in both names and keeps saying ive got 24 hours or goods are being removed

 

shows you how determined he's not if he keeps saying the same thing!

 

i just want to pay the bill i really do but he wont let me

 

i even offered £380 first payment to get started and he still wont accept it so its like he dosent want me to pay

 

 

i dont understant why cuz if he did 6 months ago it would have been clear

 

also we only recieved the council tax bill at xmas 09 and that was the first letter we recieved about the bill we owed so the bill was back dated to 2007

 

which was unfair that we just got a court summons out of the blue

 

so does this mean i can set up my own payment plan dx100uk

 

what paper work have you got so far

 

list the docs you have gotten from the coucil & him so far

dx

Edited by dx100uk
please use line spacing
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hi if any1 out there can help me id be so greatfull

 

i took over my parents mortgage 2 years ago and 4got to tell the coucil

 

now they have backed dated 2 years of council tax to me and my parents

my one being 1408.35 and my parents around 800

 

Council tax is only payable if you live in the property. It doesnt matter who pays the mortgage.

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so you have had no letters from the coucil ?

 

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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Share on other sites

Ring the Council and ask the following:

 

1 - how many Liability Orders are there - I know you have said to but you need to confirm

2 - how much each one is for

3 - how much is outstanding on each one

4 - exactly what period of time each one covers

5 - what date each one was passed to the Bailiff

 

Apart from your parents Pensions what other Benefits if any do you claim? Have you tried contacting a Welfare Rights Adviser? There is a possibility the account should be passed back to the Council as your parents may be classed a vulnerable if they do not regularly use English and have trouble understanding the spoken word at the door. As has been said previously you should contact your local Councillor at the first opportunity. The Council can take this back from the Bailiff but they choose not to, you are better off talking to someone higher up at the Council.

 

As for the Bailiff, there is no law that states you have to deal with or speak to a Bailiff. If he has not been in your home then keep him out at all costs. The Bailiff will lie through his teeth - he can't have you arrested, he can't force entry unless he has an additional Court Order which is rarely given. Do not believe anything he says as it is all hot air. You will already have incurred some Bailiff fees - 1st Visit £24-50 & 2nd Visit £18-00, providing he does not make a levey/seize any goods he can charge you no more that this regardless of how many visits he makes.

 

You can pay the Council direct by using their website or automated phone service - to show willing you should pay a regular amount on a regular basis. This will prove you are not wilfully refusing to pay. Did the Council write to tell you they were taking you to Court or have they ever informed you the account is in arrears.

 

PT

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[sIGPIC][/sIGPIC]

 

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Please dont get too upset by all this you are not alone here, we will try and get you on the right track in getting this sorted.

Firstly your house hold is classed as vulnerable.

http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English.

Because of this vulnerability status this should be handed back from the bailiffs to the council. You must let them know of this. Please contact your local councillor, you can find out who they are by looking online via your councils website. Calling the council can be very stressful may help if you went in to see them.

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Yes I went to court with my parents about nov 09 and they just wanted all the money within one months! Which is not reasonable then after one month the bailiff started coming round. We not sure Wat else we are entitled to and don't want to take the Mick with benefits and are just currently receiving my dads state pension and temporary housing benefits but only until I can sort out my own finances I have already been to the council and they said there is nothing they can do and would not take the debt back thanks all for your help I will call and visit the council again with this information u have given me and see Wat they say I'm planning going on Monday with 200 cash as an incentive to pay will they accept this thankyou for ur responses I really appreciate this very very greatfull is there anything else o shud remember to say or bring u guys are great

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And there are two liability or does one in my name and one in my parents

 

In reality the Bailiff shouldn't be talkng to you about your parents debt unless they have given him permission to do so, the same applies to the other where they cannot talk to your parents about yours.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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Yes I went to court with my parents about nov 09 and they just wanted all the money within one months! Have you paid any money since Which is not reasonable then after one month the bailiff started coming round. We not sure Wat else we are entitled to and don't want to take the Mick with benefits - I understand what you say but if you are entitled then no one is going to complain, try as I said to contact a Welfare Rights Adviser, usually contacted through the Council - and are just currently receiving my dads state pension and temporary housing benefits but only until I can sort out my own finances I have already been to the council and they said there is nothing they can do and would not take the debt back thanks all for your help I will call and visit the council again with this information u have given me and see Wat they say I'm planning going on Monday with 200 cash as an incentive to pay will they accept this - if you offer they are bound to accept but this will not sway them at all, as said previously about how to pay both those methods have to be accepted - thankyou for ur responses I really appreciate this very very greatfull is there anything else o shud remember to say or bring u guys are great

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

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  • 2 weeks later...

hi guys thnaks for all your help i pawned my tv and laptop in to make my first payment of 250 i told them i would pay them as soon as possible im thinking of giving them 500 a mnoth there after untill the debt is paid they said that was ok but they cannot stop the bailiffs coming back. do i tell the bailiff i have paid the coucil or just carry on ignoring him also is that a reaaspnable offer of payment to give thanks guys!!!

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dark green bar right at the top

 

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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Share on other sites

This is a personal choice - but don't stretch yourself to the limit, you never know what is going to happen tomorrow.

I would for example if I had £500 a month free give £250 for the debt holding back the other half for the following month. month 2 do the same, this would give you a month free (providing nothing financial went wrong) Keep doing this until you have enough surplus to clear the debt outright, then clear it off in one go.

Looks good in text but alas human nature never adheres to it, so please think carefully about how much you can REALLY afford.

A lot people forget the car needs taxing / insuring / MOT etc, just one of the "oops forgot that"

Edited by night-watchman

OK own up, who swapped the A and I on my keyboard ? :D

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