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    • 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
    • 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
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Drdensfairfax pre action protocol letter for Cabot on 2010 sold vanquis debt


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Hi,

 

Wonder if somebody could give me some advice please on how to tackle this best. Just a brief outline.

 

Had a nastyogram from Drydensfairfax with the normal

contact us to maybe agree an affordable repayment plan,

 

if you don't may seek legal proceedings for CCJ etc, with a load of information

under the "Civil Procedure Rules Practice Direction for Pre-Action Conduct"

 

This states the claimant

Claim will be for outstanding balance

Seek legal costs

then if they obtain a CCJ, the ways they will try claw the monies back.

 

Now I know that this was a Vanquis card account, which goes back to 2010

but the info on my credit file says that the default is registered to Cabot

and the credit file info only goes back to Jan 2012 (probably when they took on the debt).

 

What would be my best course of action be with Drydensfairfax.

I am trying to get my life sorted out and really don't want to get a CCJ.

I have no CCJ's on file, just defaults, which will fall off in a couple of years.

 

My financial circumstances are far better now than they was at the time I got into trouble.

The default date doesn't even look correct and

 

I certainly never received a copy of it as I moved in Jan 2011.

 

By my thinking, the default should have been done in 2010 not in July 2011

(which is approx 15 months after I started missing payments).

 

Many thanks

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If, may, could, might etc etc.

 

Can you scan it up, edit out personal info and convert it to PDF?

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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Standard threatogram imo. If, may, might, could etc. Basically a regular solicitor for hire letter on a standard (sadly) template.

 

IMHO, i would simply ignore it. But others may want to add their comments first.

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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You could do, but they would return your money and say " send it to Cabot." My feelings are they are acting as a sol for hire. basically cabot pay them a couple of quid and say " here, send a few nasty letters and see if this guy pays up".

 

Of course, i could be wrong, but that's cabots normal tactics.

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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Too many Mights, IFs etc for me to really take this seriously.

I agree with Imp here and It might be worth going for a CCA Request to see if they really have paperwork.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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