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    • 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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Toothfairy/Northern Debt Recovery/Marshall Hoares/Appleton Massey Solicitors


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Today I received a letter from Appleton Massey stating that I owed Northern Debt Recovery £714, after taking a loan of £200 out with Toothfairy back in April.

Unfortunately, I had to quit my job not long after taking the loan, hence my being unable to repay.

I called the number on the letter, which put me through to Marshall Hoares (when I said I was confused by all the companies involved, the man on the phone became very aggressive indeed, glad I recorded the call!), anyway, I asked for a statement of the account which he ‘emailed’ to me (haven’t had it – funny that).

He explained later in the conversation that they have the ‘complete right of law’ to add all the charges that they have done, and told me ‘when you signed the agreement, in the terms and conditions it says blah blah blah’...

As he sent the email twice, but I didn’t receive it, I made him read out the charges;

26/4 - £36

10/5 - £36

25/5 - £36

24/5 - £10

7/6 - £200

7/6 - £10

7/6 - £150

7/6 - £36

20/6 - £36

I informed him that as a student, I will only be getting my loan in September, so cannot make payment. He said they could accept £400 today, £200 per month for £600 or £100 per month from 1st July totalling £700.

He then went on to say that he was going to refer my case to the fraud department as he did not believe that I was working at the time of my taking out the loan, as he had asked me when I finished my job and I said I wasn’t sure, eventually getting out of me ‘I don’t know, middle’, to which he replied ‘well that would have been between the 17th and (whenever), and you took this loan out on 28th.’ My last day of working was actually the month AFTER I took out the loan, I have realised.

Can they *really* add on all these charges?! They are difficult to get in touch with, and I don’t usually make calls to such people, but they are saying that they have made calls, sent emails and text messages, none of which I have received in the first place!!

Any advice on the matter will be muchly appreciated!

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Advice? Ignore them and never speak to them on the phone. From now on, only communicate in writing. start communicating with sc /tf again. Ignore the dcas as the have zero legal powers to do anything.

 

If you have recorded the call then you must file a formal complaint with the oft, trading standards and also co tact Stella creasy mp. They will be very happy to listen to firm evidence about what these sharks are doing. the oft is also collecting information on them as they already have been actioned before.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Renegade will know about my situation.

 

I just received a letter from Appleton Massey Solicitors ACCUSING me of ignoring everything from TFF, NDR and MHB - I have proof that I didnt not once ignore the utter despicable humans.

 

Not sure what to do now in terms of contact AMS?

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Send a simple letter back saying they are outright lying, include copies as proof of what you say, send the letter by recorded delivery, keep a copy for your own records, and then report the DCA to all relevant authorities.

 

Don't go into length with the letter, simply deal with facts, include proof, send, report and ignore.

 

WHat they are doing is normal tactics for a DCA. They are simply trying to harass and bully you into backing down and giving in to everything they say.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Its AMS that are chasing me not the DCA now.

 

I will do what you say tomorrow. I have told them repeatedly I will be paying whatever I owe (which is the repayment amount) in two installments - first is due on 1st July.

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AMS are nothing more than glorified DCA's. Regardless, they have no legal rights to the debt. Tell them to take a long jump off a short pier.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If the debt was already with a DCA, and you disputed what they said, and they try passing it on yet again, then thats a big no-no. In that case, send them http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency edited of course.

 

They cannot keep passing the debt around while it is in dispute.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can anyone help regarding the charges they have added? Can they do this? I mean, adding £396 in just one day?!?!? Is this legal?

 

The MP suggested deals with PDL companies, not the DCA sp she's not interested, plus sending the recording on is not really going to help my situation.

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Can anyone help regarding the charges they have added? Can they do this? I mean, adding £396 in just one day?!?!? Is this legal?

 

The MP suggested deals with PDL companies, not the DCA sp she's not interested, plus sending the recording on is not really going to help my situation.

 

The simple answer is they can add what they want. It matters not, you won't be paying them.

 

Although they say you agreed to the charges as they are in there T&C's, in they are unlawful they'll never be able to get you to repay them!

 

If you want to pay this debt, only pay what you borrowed and 1 months interest!

 

Jogs

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The simple answer is they can add what they want. It matters not, you won't be paying them.

 

Although they say you agreed to the charges as they are in there T&C's, in they are unlawful they'll never be able to get you to repay them!

 

If you want to pay this debt, only pay what you borrowed and 1 months interest!

 

Jogs

 

Thanks! That's what I wanted to know! I have no issue with paying what I owe, but on an original loan of £200, those charges are a teeny bit crazy!!

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Pay what you actually owe and tell them them to take you to court for the rest. if they do so we can help you with a defence. personally i think this company are doing a last grab attempt at cash since they already have restrictions on them by the oft, and it looks like they could have an even bigger investigation about to happen.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok, so I have written this letter to Toof Fairy -

After speaking to a ‘gentleman’ at Marshall Hoares on Wednesday 20th June 2012, the contents of which were recorded and have been forwarded to the OFT and Trading Standards, I received an undated letter from yourselves laying out the terms and conditions of the original loan, along with your bank/payment details and threats of bailiffs and CCJ’s.

Please note that as mentioned in the phone call to Marshall Hoares (I actually thought I was calling Northern Debt Recovery – as stated in the letter from Appleton Massey Solicitors), I am a student, and as such, do not have masses of disposable income that I can fling your way to pay off what I see as unlawful charges.

I am, however, happy to pay off what I owe, which is the original £200 loan, plus one month’s interest, calculated at 9% (£18) for every 7 days, as per the undated letter I received from yourselves on Saturday 23rd June 2012. By my calculations, this amounts to £272.

Despite what the gentleman at Marshall Hoares said, at no point have I ever said I will not pay what I owe. He also said he believes I was committing fraud by taking out the loan, and was referring the matter to his ‘Fraud Team’. I find this highly amusing, as I feel there is serious fraud being committed on your part by adding charges amounting to some £442 over and above the original loan amount and one month’s interest! I asked for a statement of the account to show all charges added to the account, which the gentleman supposedly sent to my email TWICE. I have not yet received this.

As I say, I am happy to pay off what I owe - £272, at a rate of £10 per month, payable from Friday 29th June 2012 to the bank account you specified in your undated letter received by me on Saturday 23rd June 2012. I shall set up a payment to automatically leave my bank account on the 29th of each month thereafter until the total of £272 has been paid.

I trust this makes my position very clear.

 

Edited by katiepotatie
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Edit your real name from that post katiepotatie. It could be used by the PDL to identify you and harass you even more.

 

Also, since they accused you of fraud, you MUST report them to the OFT. Wonga were already sanctioned for the exact same thing. Coupled with the very strange business management and operating practices of this group of companies, it could be their downfall.

 

HOWEVER, you MUST report them so the OFT has more information to assert their investigation on.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Bugger, thanks for that, just copied & pasted it all! ;)

 

I have written an email with the recording of the phone call to the OFT, and my local and their local trading standards offices, stating that I don't want advice, I think it evidence in the unfair trading practices of TF and their associated companies.

 

Fingers crossed that the B'stards get brought down. Bloomin' BULLIES!

 

And I HATE bullies...

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Basically, took out an original loan of £100 with SpeedCredit*, with interest it got to £196, then it got passed to NDR and the total skyrocketed to £561 [which also doesnt add up with the sums they've put in the letter]

 

We've rung them and agreed that the debt would be cleared if we paid £200 by 26-06-2012, but a week later we got a letter from AMS saying that we've made no effort to make payments, or an 'acceptable arrangement for repayment'.

AMS have also said that unless the amount is paid in FULL by the 26th they will issue County Court Proceedings against us.

 

I've noted advice about only paying the loan amount plus one month interest, which seems fair, but as I havent seen anything on court proceedings it's starting to worry me. Should I take it more seriously because it's from a solicitor, or should I treat it the same as any other DCA's?

 

Any help or advice you could give me would be hugely appreciated.

Letter7

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If you rang then, i hope you recorded the call. This group of companies is well known for denying anything was ever said on the phone, or will say someone answered the call who was unauthorised to deal with your issue.

 

Could you post your issue in the toothfairy forum? This will allow us to help you without crossing somebody elses thread. We can then give you specific advice that wont mix with advice to others.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi al,

 

Im replying on this thread as I have been in a similar situation and have no idea what to do! I left university and having not got a job I have no income apart from JSA. I start university again in September so will have my student loan by then. However I took a loan out with them in December and it was January I left. I tried to contact them about a cheaper payment plan than 150 pounds but they said no. Now im get these emails from them and Im freaking out! How do I go about to deal with this?

 

 

 

BY LETTER AND EMAIL

 

Online payment ID: [EDIT]

Outstanding amount: 1100

 

Letter of Instruction & Notice Reminder

 

Reference: [EDIT]

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan***

Client Ref: [EDIT]

 

Date: 28/06/2012

 

Dear [EDIT]

 

We are writing to give you formal notice that ToothFairy Finance Ltd - ToothFairy Pay Day Loan*** has legally assigned the rights of the above debt to Marshall Hoares Bailiffs. This means that Marshall Hoares Bailiffs Limited now legally own this debt.

 

YOU WILL HAVE OR WILL SHORTLY RECEIVE A HOME VISIT

 

We intend to pursue you fully for all outstanding sums (GBP 1100) including any fees we incur collec ting this debt. Payment in full must be received no later than 17:00 to avoid further door collection fees being added to your file. DO NOT IGNORE OR THIS WILL COST YOU MORE

 

Debt GBP 760

Missed Payment Fee 1 (day 29) GBP 10

NDR Accept Case File GBP 200

Missed Payment Fee 2 (day 43) GBP 10

Solicitors - Case Preparation GBP 150

Closing Amount Discount GBP 82

 

Repayments todate GBP 112

Total GBP 1100

 

TAKE NOTICE: You should accept this letter as formal notification that unless payment is received within 4 days then your account will be fast-tracked and considered for the following:

 

Consequences of inaction:

1. Court Judgement legal action will be automatically started in the County Court for recovery of the full amount outstanding. Any such proceedings will include additional claims for legal costs and interest which will increase the amou nt you will be required to pay.

2. Warrant of execution will be applied for to enable us to seize goods at your addresses and or an attachment of your earnings.

3. Register of Judgements any judgement will be entered in a public register, the Register of Judgements, Orders and Fines Credit Reference Agencies, who will supply them to credit grantors and others seeking information on you financial reputation. This will make it very difficult for you to get credit.

4. Credit reference ToothFairy Finance Ltd have already advised the Credit Reference Agencies of your DEFAULT. This may seriously affect your ability to obtain credit in the future. Once the balance is paid in full, only then will the default be shown as “Default Satisfied”.

 

 

 

Hope someone can help!

 

Thanks

 

RJM

Edited by ims21
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You are on benefit. They get £1 a month no negotiations. They would be wasting their time going to court as a judge would most likely wipe the charges and interest and tell you to pay even less. Benefits are for living on. Not for bills.

 

 

Btw, they would have a very hard time justifying those charges in court if you contested them.

 

I wouldn't be surprised if they offered a discount soon which comes to the amount the charges do.

 

Get that letter to the oft and issue a formal complaint with the pdl so you can get their final response and get the his involved. The oft seem to be building a pretty big case against them atm. Especially since they were already actioned before.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks all! Sorry to be a pain but who would I write to about this in oft and pd and what would I say? And does anyone have any contact information? In regards to toothfairy/marshall hoares, how do I go about dealing with them? Im still getting emails saying they are coming to my house as I posted in my previous email.

 

Thanks again, Im just useless with this stuff! haha

 

RJM

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Oft don't deal with 'personal' disputes, as far as I can tell, they are collecting information on companies, so although it may not be of direct help to you, it is really important that you report them!

 

As far as Marshall Hoares, I have stopped dealing with them and only copy them in on what I have sent to Toothfairy only.

Edited by katiepotatie
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I am in an IVA

 

I phoned toothfairy after receiving an email saying that they was going to pass my file on to an debt recovery agent.

 

I explained that my IVA had been accecpted , But because I took out a loan out they said that I had no intention of paying the loan back and the will now pass it on to a fraud agent??

 

I keep getting emails saying they are going to pass my file on to a debt recovery agent and also got a letter from them today telling i have to pay so a date of they will take further action, I.E. CCJ, court action etc....

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