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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
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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
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Need to stop all PDL payments - no money!


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Looking for advice,

 

 

if I report my debit card stolen will this stop payday loan taking money?

 

 

I just carnt afford to pay them as it will leave me with nothing for food and to love on next month,

 

 

I have x2 with lending stream and one with pounds to pocket,

 

 

lending steam are CPA s

 

 

o if I cancle my card will it stop them taking and the agree a payment plan after

as I haven't go anytime to go into the bank and also feel intimidated,

 

 

also pounds to pocket is a Direct debit so can I just cancel that will this work

or will they still be able to take Money?

 

 

Any advice is welcome thanks

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stating your card is lost DOES NOT stop the CPA against it.

 

 

follow the details below to phone the bank and cancel ALL your CPA's.

 

 

as for the DD, you can cancel that online at your banks interweb portal.

 

 

taking both of these actions will stop them taking money

 

 

...................

 

 

 

 

GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS

.....

We have been telling people to put a letter into their bank instructing them

not to make any payments under any circumstances to these companies

.

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

usually this should be done using the number on your debit card

.

banks MUST follow written intructions from their customers !

.

This fsa guide has now been updated:

.

http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf

http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel

.

Here's the text:

.

Cancelling a regular

card payment:

.

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

.

Be aware, though, that you will still be responsible for paying any money that you owe.

and that CANELLING YOUR CARD WILL NOT STOP THE CPA

.

..

.

New june 2013

.

Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.

.

Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement

by contacting their card provider, the Financial Conduct Authority said.

.

The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)

due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.

.

CPAs, which are also commonly called recurring transactions or recurring payments,

are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.

.

Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when

a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by

mistake following cancellation by a customer the customer will be refunded immediately.

.

In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-

cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints

since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.

.

Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today

customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.

.

“We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.

From now on we expect them to be getting this right. In addition, they have committed to review past complaints.”

.

.

Also mentioned your displeasure that as whomever took your money had obviously attempted this many times

probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.?

.

.In the FSA's own words:

.

..

What should I do about a payment from my account that I didn’t authorise?

.

Your bank must refund an unauthorised transaction.

Money can only be taken from your account if you have authorised the transaction

or if your bank can prove you were at fault –

.

see below.

Contact your bank immediately if you notice an unauthorised payment from your account.

.

If you are sure you did not authorise the payment, you can claim a refund.

.

However, your bank does not have to refund you if you do not tell it about the payment until 13 months

or more after the date it left your account.

.

Your bank must refund an unauthorised transaction

.

------------------

.

Your bank may only refuse a refund for an unauthorised transaction if:

.

? it can prove you authorised the transaction

– though your bank cannot simply say that use of your password,

card and PIN proves you authorised a payment; or

.

? it can prove you are at fault because you acted fraudulently,

or because you deliberately,

or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction

.

-----------------------

.

How quickly must my bank refund me for an unauthorised transaction?

.

The bank must make the refund immediately unless it has evidence that one of the above reasons applies.

Your bank may ask you to answer some questions and fill out a form confirming what has happened,

but it cannot delay your refund while it waits for you to return the form.

If the bank has evidence that one of the above reasons for refusing a refund applies,

it may investigate before making a refund

but must look into it as quickly as possible.

If your bank rejects your claim for a refund it should explain why.

If the transaction was on a credit card, the refund may not happen immediately.

But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Looking for advice,

 

 

if I report my debit card stolen will this stop payday loan taking money?

 

 

I just carnt afford to pay them as it will leave me with nothing for food and to love on next month,

 

 

I have x2 with lending stream and one with pounds to pocket,

 

 

lending steam are CPA s

 

 

o if I cancle my card will it stop them taking and the agree a payment plan after

as I haven't go anytime to go into the bank and also feel intimidated,

 

 

also pounds to pocket is a Direct debit so can I just cancel that will this work

or will they still be able to take Money?

 

 

Any advice is welcome thanks

 

Whos your bank?

 

DX is right and also wrong... But I only say this from personal experience, Barclays and RBS Group both stop ANY payments from going through against that card. Hoqwever with RBS Group if the payment IS taken and you try to reclaim it, then they get tough to deal with

I know this from previous experience and both speaking to their card teams. Any other banks im not 100 % Sure... Cancel your card to be sure, get a new one issued and follow DXs advice about sending the letter...

 

As for DD yes, cancel this.... It will stop them dead in their tracks.

 

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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I am with natwest bank a friend of mine advised me to say my card was stolen and this will stop the payday company's as the card number and last 3 on the back will be different,

 

Ok thanks I will call the bank ASAP and tell them

To stop all payments to lending stream and will cancel my DD to pounds to pocket and then write to them all regarding arrangements, this should help I hope thank you very much, I might just get some sleep tonight now lol thank you again

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cancelling the card does not stop the CPA's

 

old wives tale!!

 

since the updates issued by the FCA, banks MUST stop all CPA's upon you request.

if they don't, report them

or request you talk to a supervisor.

 

read them the FCA link provided

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Those who say cancelling your card stops payments know nothing. Sadly even bank reps are saying this too.

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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Although these days I would not trust just cancelling the card , I have to say it has always worked for me. Of course any payment requested before the card is cancelled would still go through

Any opinion I give is from personal experience .

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Aslo send the 2 companies an email stating that you want the CPA cancelled,

 

 

i have done this to 3 PDL companies (none of the ones you have used)

 

 

but all 3 replied stating that they have cancelled the CPA and no payment will be taken.

 

 

They all stuck to their word but i've read some 'horror stories' on here about them just raiding the bank account although i think this was years ago.

 

I then entered into repayment plans with them which is ongoing.

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Ok guys I've been into my bank and they where very helpful

 

 

took 10mins and they have block all attempts from lending stream and they will not Be able to get anything

 

 

now I am going to email them tomorrow to say I have canceled it and they have not got my Authority to attempt to take anything

and I will outline I am willing to pay £50 per month and this is none negotiable,

 

 

anyone had dealings with lending stream before?

 

 

Do they play ball?

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Mate who cares if they play ball..

. If that's what you can comfortably afford to pay then they'll have to accept it,

just don't back down,

 

 

they'll probably ask for details of your income and expenditures,

just give them a Bob basic reply,

don't go into deep details about who you owe money too etc.

 

I've had no dealings with lending stream but others i have told i will only pay repayments via standing order

and that is the ONLY way they'll get money from me.

 

Quick Quid were the only company to play hard ball with,

(took about 4 emails back and forth but eventually was given their bank details

once they finally got it into their thick heads that's the only way they would get a payment).

 

 

Stick to your guns, your in control of your finances not them!

 

 

They will give you their bank details eventually.

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It is much easier and much less stressful if they play ball. Àll I would say is don't jump through their hoops. Offer a realistic repayment plan , personally I would offer a little lower which then gives you room to up the amount if you need to. PDLs are in my opinion the scùm of the earth .

Any opinion I give is from personal experience .

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