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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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      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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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AAAh....This Is A Mine Field Of Info, Where Do I start?


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Right, this question has probably been asked countless time but here goes. Where do I start????

I have just purchased the book and the claims pack (awaiting delivery) what can i do whilst i am waiting, is there a standard letter i can send to my bank to get the ball rolling. I feel like a child in a toy store, Im so excited even if i get no money at least I can be a major pain in the butt to my bank.

 

 

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Welcome.

First you need to calm down. This is serious and you need to know what you're doing

 

Before you start please have a thorough read of the FAQs (there's a Step by Step guide here too). You may want to print these out to refer to later

 

Then look at other threads in your bank's forum, so as you know what you can expect to happen

 

You need to spend 2 or 3 days gradually getting your head round everything.

 

There's a lot to take in, but it's time well spent and will ensure that you succeed in your claim without problems

 

This is a self-help forum and you must be prepared to put in time and effort. It is your claim, your money and you cannot expect others to do all the work for you.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank's forum and post your progress and any questions there and you'll get plenty of help

 

Lots of info and links here:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/20211-newcomer-then-please-feel.html

 

Good luck

 

 

Finally please heed the words of warning here and make sure it doesn't happen to you:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/announcement-center-bankfodder-very-sick.html

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Hi Micheal,

thanks for your reply... seriously im cool about things. Now I have a platform I can start the wheels in motion, going with the general consensus the banks have been allowed access to easy money what you, me and thousand others struggle to earn week by week or monthly. I actually got talking to someone in my pub who told me about this, but being a proud person like most refused to mention my ongoing problems with my bank. I reckon the bank have charged me about £300 and over a month for the past 6 years and I have worked 7 days a week without a holiday just to keep my business afloat, whilst these bast**d filter my money away so thay can enjoy fat salaries and bigger corperate entertainment funds. My retribution come from deep inside and if it cost me in the process so be it, but one thing for sure I dont lose. People of the forum never be afraid to stand up for what you believe is right and fair, never be bullied by Fat Cat corporates who feel they are bigger than gods own planet. One thing I do know is when i have challenged big companies in court the court favours the little man.

 

Peace and Good Luck To All :)

 

 

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Can't really do much except reiterate what Michael has written. So, I'll paste my clicky-link what to do post :)

 

As mentioned, take a look at the FAQ section, in particular the Frequently Asked Questions, the Step-by-Step Instructions, and the Rules of Engagement.

 

When you are familiar with these, you should then take a look at the Bank Templates Library, copy the letter you need to your word processor of choice, crack your knuckles, and get editing :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Yep, without a doubt you can. However, bear in mind the Statute of Limitations - only the previous 6 years in England/Wales and 5 years in Scotland.

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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Sorry, what happened was a large cheque was clearing through the account, which was showing on the system as uncleared items. For unknown reasons the direct debits went through early and low n behold and surprise they bounced. It was 9 D/D's which cost me £270 in charges, to put it lightly I was savage. So a letter was sent demanding they give it back to me as it was an unfair practice and out of the realms of good business sense. That is when I got their reply full of bovine crap.

 

 

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Right. If you don't know all the charges in the last 6 years you need to send a DPA request + £10 fee here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

They have 40 days, so you'll have plenty of time to read the FAQs and step by step guide and other threads so you are prepared for the next steps.

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Hi Guys, progrees so far, Data Protection Letter gone off recorded delivery to LLoyds TSB along with the tenner and Prelim gone to Natwest along with schedule of charges. Now the wait i suppose. I hav'nt posted for a while because all my answers have been on this site so no need to bother anyone just yet. Cheers kev

 

 

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Hi Everyone,

just got the documents requested from my DPA, what a nightmare there is a stack of paperwork to get through....Looks like ill be burning the midnight oil for a bit. But with the help of this forum all my questions should be answered in the usual positive way, Cheers Kev

 

 

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No sadly you cannot claim back service charges or business management fees i.e focus fees, only unawful penalties.

Even though we all know there isnt much you get in return for your biz focus fee.....!!

 

How much are you reclaiming? Can you clarify and we can direct you from there.

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Ok in that case, to stay within the small claims court you need to split your claim into three (I am assuming this is all without interest being added on?)

 

The way to split your claim is like this

 

Take your charges that go the furthest back and make a schedule of charges up from the termplates section http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html when you get to five grand in charges stop, that is your first claim,

 

At this point you are NOT including the 8% interest that you can claim if you issue a small claim (as you will most definately will have to with Lloyds)

 

Now do the same again and then again until you have most probably three seperate spreadsheet, two with 5k of charges and the other with £400 odd.

 

You need to keep your claims seperate as if you file a small claim and lloyds see the three claims belonging to you they can then apply for them to be put together which may bring you out of small claims and into a court in which you can be liable for costs, so ensure although you can request a return of all monies at the moment that you do not file for the whole amount at small claims in one go!

 

Does that make sence?

 

Any clarification needed pls let me know!!

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