Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Santander - Robinson Way


Leonidis
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3756 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

Greetings.

 

I used to have an old account with Santander which was closed and defaulted back in June 2008. It was done so because there ended up being a negative balance of just under £600. The reason for this negative balance was due to a few bank charges which led to more bank charges being added because the previous bank charges weren't paid. I was disputing this with them at the time I was also disputing another account which I ended up having a part refund for.

 

I was told over the phone that the account had been closed and cleared so I thought nothing more of it. Until I checked my credit report in 2011… I noticed that all this time I had a default against my name. I sent in a letter of complaint which they said they were not in the wrong and wouldn't do anything about it, after all the effort and anger I felt towards it I just left it at that because I didn't know what else to do but wait 6 years until it dropped off..

 

Today I receive a letter from a debt collection agency who is working with Santander to collect the amount due on the account. I called them (the debt collectors) to find out what was going on, I advised them that there's something wrong as there should be no payment owing. They popped the account on hold whilst I spoke with santander. I called them and they mentioned that according to their systems the only letter of complaint they can see was back in 2011 with regards to the default but not one previous, even though they see a refund on my currently used account back in 2008.

 

So according to them I still owe this money for these bank charges that were applied to my closed account from nearly 6 years ago. I'm not entirely sure what to do because it's pretty ridiculous. Defaulting my name due to rolling bank charges which I was told that it was cleared. I just wish I had a letter stating this but it was mentioned over the phone I remember as I was quite relieved and happy at the time, was a nice weight off.

 

So I'm not too sure what to do now, I still dispute this and I won't pay them a penny… I also know that if I do as I believe its not a full 6 years yet the default will reset.

 

Does anyone have any advice on this?

 

Many thanks for your time

Jason

Link to post
Share on other sites

Stop talking to them on the phone. It is up to THEM to prove a debt exists. Not for you to prove otherwise.

 

You said that santander originally confirmed the account was closed and cleared. DO you have proof of that?

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

Link to post
Share on other sites

It was only what someone had said on the phone. It's definitely been closed but it hasn't been cleared.

 

The person I spoke with at santander had said that the account was closed defaulted but not cleared. If I had evidence in letter form then I could send it in and they would update accordingly but I wasn't sent a letter on any of what happened on the account anyway. Was all done by phone other than what I had sent to them.

Link to post
Share on other sites

Check your credit file and see who owns the debt. Then ONLY discuss it with them.

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

Link to post
Share on other sites

It's santander that owns the debt.

 

They are the ones saying that they are not in the wrong and it's a bit of a pain really. Do I end up opening another complaint after this much time or am I better off waiting until the 6 years has passed then have it dealt with?

Link to post
Share on other sites

If santander owns the debt, then talk to them. Tell RW to bugger off.

 

Get a full complaint in writing to their CEO. That gives them 56 days to give you a final response, so you can take it to the ombudsman.

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

Link to post
Share on other sites

This won't ever reach court, accounts with unenforceable charges on will be laughed out.

 

Personally, I wouldn't respond to robbers way.

It might just open up a can of worms if letters are not worded correctly.

 

Deal with satansbank direct, and this should be in the form of a formal complaint using their complaints procedure.

 

Alternatively just how long has it been since you last paid toward this?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Never say never BB. Some DCA's and even creditors will try and push it through the courts. Remember, its not the judges remit to decide if the charges are lwful. They are there to make a judgement if the debt is owed or not.

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

Link to post
Share on other sites

I have yet to come across anyone being taken to court for unpaid bank charges, and the plaintiff winning.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

This won't ever reach court, accounts with unenforceable charges on will be laughed out.

 

Personally, I wouldn't respond to robbers way.

It might just open up a can of worms if letters are not worded correctly.

 

Deal with satansbank direct, and this should be in the form of a formal complaint using their complaints procedure.

 

Alternatively just how long has it been since you last paid toward this?

 

The only thing I had spoken about with robbers is that I wasn't aware of any of this and that I would be seeking advice on the matter. Wouldn't be writing them any letters. It seems they are just hired to get on my back about it, but from what I can gather they don't really have a leg to stand on. Just need to get this cleared up with Santander through the correct route and hopefully I won't need to go any further.

 

As I hadn't been advised until today that I owed anything on the account, any financial activity ceased when the account was closed in june 2008.

 

Wondering if there is any set things I need to make sure I add to the letter as I don't want to open any can of worms.

 

again many thanks for your time.

Link to post
Share on other sites

You could send robbersway this http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It

 

Then ignore them.

If satansbank couldn't be bothered to chase money they alleged you owed then robbersway aren't going to have any joy whatsoever!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...