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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MBNA and Link - has the debt disappeared now it's been sold?


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After another reading of my love letter from Link Financial I notice that it says that Link are now the new owner of the alleged debt. I presume MBNA are no longer involved at all.

 

I read on 'another' forum that by buying the debt Link have effectively cleared it and it no longer exists as a debt owed by me, allegedly.

 

I'm sure this can't be correct but the people on this forum seem a little wiser so maybe you can advise this poor serf of his misunderstanding? :???:

 

Thanks

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No the debt still exists. If there has been a period of less than 6 years since the default, I suspect that Link will be adding their name to the default on your credit record shortly.

 

Do you know when you last made a payment towards this debt ? Has there been any CCJ granted ?

 

You should probably ask MBNA for an up to date statement of account at the point where the account was sold. DCA's have a habit of adding loads of interest to debts, as soon as they get their hands on them.

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The usual way of assigning the benefit of any debt or other legal thing in action under section 136 of the Law of Property Act 1925. Under that section, the basic requirements for a legal assignment are as follows:

 

  • Only the benefit of an agreement may be assigned.
  • The assignment must be absolute.
  • The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.
  • The assignment must be in writing and signed under hand by the assignor.
  • Notice of the assignment must be received by the other party or parties for the assignment to take effect.

 

 

So you could send Link a CCA request and ask to see the deed of assignment to prove that they are able to contact you about this account.

We could do with some help from you.

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There is no point in asking for the deed of assignment it will not be provided without a court order if an NOA has been received as it appears to have been there is nothing to query here.

Link must update the credit reference file with their data ina reasonable time, THE DEFAULT DATE MUST REMAIN THE SAME.

The prove it letter from the CAG Library can be sent to link.

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There is no point in asking for the deed of assignment it will not be provided without a court order if an NOA has been received as it appears to have been there is nothing to query here.

Link must update the credit reference file with their data ina reasonable time, THE DEFAULT DATE MUST REMAIN THE SAME.

The prove it letter from the CAG Library can be sent to link.

 

I don't have an NOA only a letter introducing me to Link. They state they have been assigned this account in 2007 but it was only received recently and I've had no previous letters.

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Ok best course of action, SAR to MBNA to get all the data on the account (any PPI?) statutory fee of £10 payable MBNA have 40 days to comply, address to the Data Controller and use recorded delivery and check the date received the 40 days starts then.

Also a CCA request to Link to see if they can produce an agreement stat fee of £1 payable Link have 12+2 working days to comply address to their Compliance Manager.

 

There are templates in the CAG library for you to use.

 

Good luck.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 4 months later...

I just thought I'd update this thread with the news that Instant Silver have now written offering a 40% reduction on a payment plan over 3 years for an alleged debt of £6400.00.

 

Clearly they must think I'm stupid enough to do that after maintaining complete radio silence for almost 6 years. :madgrin:

 

It's a lovely letter though, as in return for my payments they offer no telephone calls, no agent visits and no collection letters. Quite a deal. I might take two.

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  • 3 weeks later...
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