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

Welcome nightmare


DOTCOM
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4526 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

ok

settlement figure for loan 2 was 6511.15 on 25/2/2005

Mortgage indemnity fee £1100.00

acceptance fee £235

settlement penalty interest £119.43

Loan 3 statement starts on 25/11/2005 with opening balance of £10676.40 NO FURTHER ADVANCE WAS TAKEN!

Link to post
Share on other sites

  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

ok

settlement figure for loan 2 was 6511.15 on 25/2/2005

Mortgage indemnity fee £1100.00

acceptance fee £235

settlement penalty interest £119.43

Loan 3 statement starts on 25/11/2005 with opening balance of £10676.40 NO FURTHER ADVANCE WAS TAKEN!

 

ok

 

Bit of confusion this end.

 

Loan 2 was refinanced into loan 3 as per earlier posts. Loan 2 settlement in Feb 05....loan 3 starts in Nov 05.....what was the chain of events between Feb 05 and Nov 05 please?

 

ims

 

Link to post
Share on other sites

Sorry please ignore last post - my mistaksettlement figure for loan2 £6511.15 on 25/02/05

rewrie on 25/2/05 was £10,000

£235 acceptance fee

£1335. mortgage indemnity fee

total rewrite £11335.00 no furher advance received

 

Ok thanks

 

So dates now match.

 

Now, please forgive me but if loan 2 settlement was £6,500 and loan 3 was for £10,000 and there was no further advance given, how is the difference of £3,500 accounted for?

 

ims

 

Link to post
Share on other sites

This is part of our argument, my daughter has only ever had £5000 cash she has been asking for 2years for full explanations they have sent statements and this is the info the statements give.

The Ombudsman advised Welcome to rewrite loan again with a starting balance of £10,924 - we were given no explanation where this figure came from. I am trying to work amounts back deducting PPI and insurances so i have a credible argument.

Link to post
Share on other sites

Hi

 

Ok so this is a major issue then.

 

From a mathematical point of view something's not right at this point. If we have loan 2 settlement at £6,500 in round figs and a re-written loan with no further advance but the agreement saying amount of loan of £10,000 then there is a sum of £3,500 unaccounted for somewhere.

 

As I am sure you will agree, the question is who has had it?

 

Do you have any written paperwork confirming the settllemt figure of loan 2 and how they might have made up the £10,000 for loan 3?

 

Have you been able to check any of your daughter's bank statements to ensure that this £3,500 or thereabouts didn't get in there somehow?

 

Please don't get me wrong....I'm not suggesting anything untoward on your daughter's part, I just like to get to the bottom of things.

 

I'm going to have a re-read of the thread and a think and will post aagin later (or tomorrow if my head starts to hurt).

 

ims

 

Link to post
Share on other sites

I cannot thank you enough for all your help.

We have been over my daughters bank statements (she was even questioning herself has to whether she had received this money and forgotten about it) there was only ever the first two advances which totalled £5000.

I have cca agreements and welcome statements but they do not stipulate how much went to cash advance

Link to post
Share on other sites

Hi

 

I have had no bright ideas as to where this £3,500 may have gon I'm afraid....but clearly something is not right with their figures given what we have been discussing on this thread.

 

I would be inclined to write to Welcome and request a breakdown as to how the loan 3 figure was disbursed. They must be able to account for all of that money on loan 3. If they cannot then I'm sure fos and the FSA would be most interested.

 

So let's move on with the ppi claim based on the figures we have access to.

 

Loan 2 settlement was £6,511.15 and we know that 9.99% of that was for the PPI...i.e. £650.46. Loan 3 (as we see it at the moment) was for £10,676.40 so the percentage relating to ppi is given by £650.46 / £10,676.40 x 100 = 6.09%. So for every repayment made on loan 3, 6.09% is PPI. Enter these amounts into your spreadsheet.

 

Loan 4 figures polease?

 

Regards

 

ims

 

Link to post
Share on other sites

Hi

Sorry i am only just getting back to you. We will be on to Welcome first thing tomorrow,

 

OK now back to loans

loan 3 was rewritten for £11335.00 with a closing balance of £10676.40 (if I confused you over this I am very sorry)

 

LOAN 4 WAS REWRITTEN FOR £11850.80

There is still a balance of £13854.41 showing on loan 4, this is the figure the ombudsman are saying they should adjust to put my daughter back in a position she would be in if they had not added any insurances to her loans.

Link to post
Share on other sites

Hi

 

No probs...we all need a weekend break !

 

So Just to make it clear for me....loan 2 settlement = £6,511.15 and loan 3 amount was £11,335 which, when it was re-written into loan 4, showed a balance of £10,676.40. Loan 4 amount was £11,850.80?

 

I agree that it is loan 4 blance that needs adjusting (as the Ombudsman says) but that adjustment needs to take into account all of the ppi rollovers from the previous loans and the interest thereon. This is what we are trying to arrive at...the total adjustment that should be made so that you can be sure in your own mind that Welcome have not spoofed you on the calculations....which knowing Welcome they will try to do.

 

Regards

 

ims

 

Link to post
Share on other sites

You have got the figures spot on, all your figures are correct.

 

Welcome even make the statements difficult, they read from back to front, please forgive me if I confuse you.

Link to post
Share on other sites

Hi

 

ok so as we said above, the amount of ppi involved in loan 2 settlement figure was £650.46. Loan 3 was taken out for £11,335. Using the formula of £650.46 / £11,335 x 100 = 5.73%, we now know that 5.73% of evbery payment made against loan 3 was for ppi so those figures can now be put into the spreadsheet.

 

Loan 3 was settled for £10,676.40 and 5.73% of that was for the ppi part i.e. £611.75. Loan 4 was taken for £11,850.80 so using the formula £ 611.75 / £11,850.80 x 100 = 5.16%. So for every payment made against loan 4, 5.73% of it was for ppi. You can now enter thos amounts into the spreadsheet.

 

When you have finished the sheet, this represents the amounts you have paid against ppi and the 8% interest on those payments. The balance of the PPI loan which has yet to be paid will be rebated against the loan balance.

 

I wuld send a ciopy of the spreadheet to welcome telling them that you have looked at the fogures for the rolled over PPI and this is the amount you are requiring them to repay in addition to the adjustment for the part of the ppi which hasn't become due yet. As fos have made a decision you could aslo send a ciopy of the correspondence to them as well.

 

I take it that Welcome have yet to furnish you with any offer or calculation thus far? If they haven't this shows that you mean business and that you have put some time into working out what they owe you.

 

As said previously, it is important that you also contact them for a breakdown as to how their figures on the refinancing of the loans were arrived at.

 

Regards

 

ims

 

Link to post
Share on other sites

Hi thank you so much your excellent help, you have been a star.

I now have PPI and insurances worked out for each loan.

I now need help working the loans back because MIF will differ if loans are reduce when PPI ans insurances are taken off

can you help me with this please?

Also is it right that Welcome have charged an acceptance fee for each loan?

Thanks once again you help is invaluable.

Link to post
Share on other sites

Hi

 

The MIF bit is going to be a bit more complex...

 

Have a look here to start your research...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?238285-MORTAGE-INDEMNITY-FEE-included-on-our-loan/page4&highlight=MIF

 

MIF is going to be a seperate issue from the ppi so get the PPI claim in as the first step.

 

ims

 

Link to post
Share on other sites

While you could try and work the loans back it won't be a necessary exercise. The adjustment for the ppi will be carried out on loan 4 and should consist of all premiums charged plus the interest we have worked out.

 

Wait and see what Welcome say to the claim and the subsequent adjustment to see if it agrees broadly with what is expected.

 

ims

 

Link to post
Share on other sites

Hi again

My daughter has been back to the Ombudsman to explain that her working out does not match Welcomes. The Ombudsman is adamant that he has made his final decision and he cannot look at the case again. My daughter asked if he knew how Welcome had arrived at a figure of £10,924.00, the Ombudsman didn't know and wasn't sure if Welcome had put my daughter back in the position she would be if PPI and Insurances had never been added to loan one!!

Where do we go from here?

Should we write to Welcome and ask for a full explanation of their figures - any advice greatly appreciated.

Link to post
Share on other sites

Hi again,

Welcome phoned my daughter regarding calculations, they explained they cannot send them in writing but assured her they had done exactly as FOS had directed. There has been a slight victory because they explained that £10924.00 was the starting figure less payments already made of £5978 less £100 compensation leaves a balance of £4846 all good and well up to now.

 

My daughter asked for a settlement figure and was told it would be higher than this as there would be a penalty for early settlement.

 

She asked for the terms of the loan and was told it was wait for it - £139 per month until

1st december 2020!!! So in effect if she cannot find £5000 or there abouts to pay them off she will effectively pay them not much short of £14, 000 which was the figure the loan is at anyway.

Can anybody tell me the APR on the loan of £4846 @£139 per month until 2020

Thanks again

Link to post
Share on other sites

  • 2 weeks later...

Hi

I am back again. We have moved a little bit forward with this. My daughter has been given help by a family member who is willing to pay Welcome amount outstanding to clear this debt once and for all. Welcome have said they require us to £4846 but this figure will alter slightly when final calculations are done.

We obviously have requested this in writing but welcome are saying they cannot put anything in writing until amount is sent to them.

We are very reluctant to pay a single penny without something in writing, Welcome won't budge so we have reached stalemate, where do we go from here?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...