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    • 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
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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.
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Next Directory PPI


Baz1994
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Hi Baz Just got a letter informing me that Phoenix were getting my info from Next via a SAR, apparently this can take six weeks, Cups

 

Thanks for the up-date cups.

 

All very strange - In my case I had already requested SAR details from all parties concerned in which were passed to the Ombudsman.

 

Got an e-mail from FOS yesterday advising that they are now liaising with Phoenix regarding the complaint and sales process. Did not give any clear indication on how long it will take but looked like the standard response regarding timeframes and that they are doing the best they can under the circumstances.

 

Will keep you posted.

 

Merry Christmas

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Hi cups, A Happy New Year.

 

Further to the above I today received another letter from PA (GI) Ltd advising that they have failed to provide a final response within 8 weeks.

 

They also state my rights to submit complaint to the ombudsman or wait their final investigations but yet again no timeframe.

 

All confusing considering my original complaint was already with FOS ????

 

Anyway I have forwarded details to the adjudicator (5 different names in total now) today so will see what they say on the situation.

 

I will keep you posted

 

Cheers

 

Baz

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Hi,

Happy New Year to you too, strikes me they are dealing with it in their own time frame, and youth if we don't like it !!

Will update when l hear from them again,

Cups

 

Thanks cups and I will also keep you posted.

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Hi Baz,

Got offer through the post, all seems ok, strikes me they are being generous, once the bank transfer is done l will let you know,

Cups😀

 

Oh brilliant news cups well done.

 

If you don't mind me asking did they include 8% interest or any other interest ?

 

Baz

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Hi Baz, Yes all interest etc included, seemed ok, can't believe it, seems like they are now 'on the ball'. Cups

 

Pleased for you cups well done :-)

 

Did you have all your statements or any evidence of PPI payments ?

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Hi Baz,

Got offer through the post, all seems ok, strikes me they are being generous, once the bank transfer is done l will let you know,

Cups😀

 

Hi cups,

 

Well today I also received an offer.

 

On quickly looking at figures all seems ok and I see that no compound interest has been taken into account but 8% statutory in line with FOS guidelines.

 

Let me know when your funds received.

 

Cheers

 

Baz

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Hi Baz, Yes all interest etc included, seemed ok, can't believe it, seems like they are now 'on the ball'. Cups

Hi

My first time on here, I too have been trying to get Ppi back from Next this has been with the FOS for the past 2+ years like you Phoenix has been intouch several times just wondered how long it takes for offer to go into bank?

I have had my next account since 1992

Thanks

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Hi

My first time on here, I too have been trying to get Ppi back from Next this has been with the FOS for the past 2+ years like you Phoenix has been intouch several times just wondered how long it takes for offer to go into bank?

I have had my next account since 1992

Thanks

 

Sent bank details and all received on the 18th. Spoke to Phoenix regarding breakdown of redress amount and got the usual explanation that calculations are complexed.

 

I was told that refund is being processed and they will confirm once transferred.

 

Mine 7 days and still waiting.

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Hi Baz,

Got cash this afternoon, thank you Phoenix!!

Still think Next are a bunch of hoodlums 😏

Good times, 🍾

 

Will make a site donation too,

 

Thanks, Cups

 

Brilliant new cups and good on Phoenix.

 

Now what I cannot understand is why have Phoenix taken responsibility when Next were not regulated and sold / added the PPI ?

 

I am not looking a gift horse in the mouth but I have other similar claims where Underwriters and FOS have denied any wrong doing. I find it. all very inconsistent

 

Any further thoughts on the matter would be much appreciated.

 

cups did you hear any further from FOS apart from like mine just advised that Phoenix had taken up responsibility ?

 

Cheers

 

Baz

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  • 3 weeks later...
Can I ask how you recognised PPI was being applied to your account, was it as obvious as a standalone transaction with a narrative/description of PPI?

 

 

Thanks

 

Hi womble67

 

It was automatically added to my statements without me signing anything when I opened my account in 1991.

 

I already had various insurances and benefits in place in which I provided evidence with my complaint. I also proved that there were commissions and brokerage payments between underwriters and Next by obtaining SAR details from all parties.

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Hi,

 

Before raising a SAR I was trying to work out if I'd be able to identify if PPI was applied by looking at my statements hence why I wondered if the statement themselves had something that made you aware PPI was being charged for.

 

Was trying to work out if raising a SAR was actually needed if it was obvious that I hadn't been charged for PPI.

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Hi,

 

Before raising a SAR I was trying to work out if I'd be able to identify if PPI was applied by looking at my statements hence why I wondered if the statement themselves had something that made you aware PPI was being charged for.

 

Was trying to work out if raising a SAR was actually needed if it was obvious that I hadn't been charged for PPI.

 

Well it will be on your statements as insurance protection or words to that effect.

 

g/l

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I'm just starting out on this PPI road today and came across this thread whilst looking for an address to write to Next about PPI payments.

 

 

Am I right in thinking it's this Phoenix entity that I need to write to and not Next directly?

 

 

Any advice greatly appreciated.

 

 

Well done to those of you who have been battling with them for months (years even!) to get what you are rightly owed.

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I'm just starting out on this PPI road today and came across this thread whilst looking for an address to write to Next about PPI payments.

 

 

Am I right in thinking it's this Phoenix entity that I need to write to and not Next directly?

 

 

Any advice greatly appreciated.

 

 

Well done to those of you who have been battling with them for months (years even!) to get what you are rightly owed.

 

First I would send SAR's for both Next and Phoenix if you have not all information.

 

Then submit a PPI complaint to Next who will respond that they were not responsible but it will get things in motion to escalate your complaint with FOS regarding Underwriters responsibility.

 

I am sure others will add to the above but good luck and don't give up as it took mine nearly three years to be eventually settled.

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Donation made, thanks CAG,

 

Thank you for that cups and well done :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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