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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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We will not be refunding any of the charges


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Hi I wonder if anyone can help? I've just received a letter this morning sateing that they feel the "charges are fair, reasonable and transparent, they consider that the amounts debited to my account have been applied strictly in accordance with my agreement with them and are satisfied they comply with applicable laws and regulations".

 

They go on to say that they have "considered and responded to the Office of Fair Trading's findings in relations to credit card fees and are concerned that the OFT has publicy called into question the settign of charges applied to other products incl current accounts. The OFT has restricted its investigations to credit cards and made no attempt to consult with RBS or the industry in relation to other entirely different products"

 

"Consequently, against background, we must differ with the views expressed in your letter and will not be refunding any of the charges to your account".

 

What do I do? Is there any point in pursuing, or should I take it that they will not refund me?

I would be grateful of any advice, this is pretty scary stuff!!

Thanx

:confused:
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Guest Battleaxe

Looks like all the banks are singing from the same song sheet. A *& L aand MBNA send the same ones also.. Stick to you timetable. They are hoping you will fold and go away..

 

Onwards and upwards

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Tell them to take a hike!

Just carry on with your timetable, you will get your cash back!

 

Don't worry, that's a bog standard reply.

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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Just to put in my 2p worth. Same as everyone else really.

 

This is standard tactics by all of the banks. It's meaningless bluster. Carry on and stick to the timetable. You will get there, just don't let them intimidate you.

 

Anytime you need support or are worried just post up on here; we've all been there.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Hi, I've also received a 'we will not be refunding any of the charges letter' but the guy rattled on that my letter referred to credit card charges which I have checked and it was the correct standard letter that I copied and pasted from the templates. He also said that I was wrong to say that the bank was acting as a fudiciary and that I should seek legal advice????

 

Has anyone else had this kind of letter?

 

thanks

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Hi, I've also received a 'we will not be refunding any of the charges letter' but the guy rattled on that my letter referred to credit card charges which I have checked and it was the correct standard letter that I copied and pasted from the templates. He also said that I was wrong to say that the bank was acting as a fudiciary and that I should seek legal advice????

 

Has anyone else had this kind of letter?

 

thanks

 

Do you have a thread about your claim? Can you PM me a link to it please.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Do you have a thread about your claim? Can you PM me a link to it please.

 

Pete

Hi Pete

 

I'm not doing too well with this site as every time I try to set up a thread it says I don't have the access requirements. What do you want to know?

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Hi I wonder if anyone can help? I've just received a letter this morning sateing that they feel the "charges are fair, reasonable and transparent, they consider that the amounts debited to my account have been applied strictly in accordance with my agreement with them and are satisfied they comply with applicable laws and regulations".

 

They go on to say that they have "considered and responded to the Office of Fair Trading's findings in relations to credit card fees and are concerned that the OFT has publicy called into question the settign of charges applied to other products incl current accounts. The OFT has restricted its investigations to credit cards and made no attempt to consult with RBS or the industry in relation to other entirely different products"

 

"Consequently, against background, we must differ with the views expressed in your letter and will not be refunding any of the charges to your account".

 

What do I do? Is there any point in pursuing, or should I take it that they will not refund me?

 

I would be grateful of any advice, this is pretty scary stuff!!

 

Thanx

 

hiya,

 

i received the same letter from the bank, it is just a wee fob off letter just you carry on with your timescale as others have said.

 

Good luck

BOS-CC

21.6.6 - DPL pstd, 24.7.6 - Plm Ltr £2928.77 ,01.8.6 - Ltr rcvd from BOS- fob OFF,04.8.6 - LBA pstd,06 - Sm Clms fr crt,12.9.6 - rcvd £868.35 part pymnt, £2198.67,12.9.6-ltr acptng pp and lba,

31.10.6 - Sm clms fr crt

BOS-Crt(2)

21.6.6-DPL pstd,04.8.6-Plm Ltr £4824.93,24.8.6-LBA pstd

RBS1

24.7.6-DPL pstd,05.9.6-Plm ltr £3232.47,19.9.6-LBA,31.10.6-sm clms crt Won

RBS2

18.9.6-DPL pstd,08.11.06-plm ltr £1,138.51 Won

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Hi, I was sent exact same letter then received an offer of half of what they owe me. Its to try and get you to back down......... dont!

 

Good luck

 

Batty

make the most of today because tomorrow you can't go back ;)

Batty_uk

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Hi there,

 

I've had exactly the same letter, and to be perfectly honest it makes me hoping mad!. I will go on!, but how do i respond to this?, send another letter? i.e. Letter before action?.

 

Cheers

j :-)

Data Protection Letter RBS 18/10/06

Preliminary approch letter - RBS for £984.68 08/11/06

Data Protection Letter MBNA 18/10/06

Amount charged £1,126.25

Data Protection Letter Barclaycard 18/10/06

Amount charged TBC

Data Protection Letter HBOS 07/11/06

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LBA and make sure that you add any additional charges that you may have incurred since you sent the original Request for Payment Letter. I'm just about to send mine and I've also added;

 

Please also be aware that I am a member of the Consumer Action Group. May I suggest therefore that it would be prudent for you to respond positively to this letter and not issue the standard delaying response which will only prolong this matter and incur the bank additional charges as I fully intend to take this matter to an acceptable resolution?

 

Hopefully this will make them get their finger out but I'll let you know!!

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hi,

I got exactly the same letter on 31st October, so I sent off my LBA on the 6th November and recieved my offer on 13th November.

I sent off my rejection letter on 15th November, and start my court claim on 20th November if they do not settle.

So just send your LBA off and sit back and wait.

regards

kev

[sIGPIC][/sIGPIC]

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Me too! Stuck to my schedule & one bank has just sent a cheque for a third of my claim (which has been torn in half & returned today!)

 

Not bad to say they weren't refunding charges eh! They will change their tune at some point - don't worry! :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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hi,

I got exactly the same letter on 31st October, so I sent off my LBA on the 6th November and recieved my offer on 13th November.

I sent off my rejection letter on 15th November, and start my court claim on 20th November if they do not settle.

So just send your LBA off and sit back and wait.

regards

kev

 

If you could let me know how you get on as i'm only a few weeks behind you, slightly nervewracking that you have to go to court and all but hey for a £1k i'll do it!.

 

Cheers

J

Data Protection Letter RBS 18/10/06

Preliminary approch letter - RBS for £984.68 08/11/06

Data Protection Letter MBNA 18/10/06

Amount charged £1,126.25

Data Protection Letter Barclaycard 18/10/06

Amount charged TBC

Data Protection Letter HBOS 07/11/06

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If you could let me know how you get on as i'm only a few weeks behind you, slightly nervewracking that you have to go to court and all but hey for a £1k i'll do it!.

 

Cheers

J

 

Prob won't end up in the courtroom anyway - most seem to be settled at the last minute! But hey if it does as u say - it's worth it in the end!

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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  • 2 weeks later...
Hi All

I have had that letter twice now. Once after my letter for refund of charges and again this week after my LBA.

Anyone else had this problem. I presume this is a stalling stactic too.

I will be submitting my court claim this week.

Any help gratefully accepted.

 

Yup it sometimes seems like ur just going round in circles! have a look at my thread for RBS (Mastercard) latest stalling tactics ... tryna get me to pay them £10 for them to produce copies of my statements (which I already have) so they can use them to process my claim!!! Cheeky or what! I've challenged this n they now say t save the tenner I can copy mine & send them to them to use instead! Not too bad though - they have sent me a 1st class pre paid envelope!! :rolleyes: lol

Feel free to click my scales if I have helped you

:)

 

links to my current claims ...

chezt v's Studio Cards

My claim - Yorkshire Bank Visa

chezt V Duet Card/Creation Finance

chezt v's Littlewoods Catalogue

chezt V RBS Mastercard

Chezt v RBS Joint Account

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Just to add my bit. I received exactly the same letter from Mark Slinger. I rang him and asked if I should address the summons to him personally now that he was dealing with it. He back pedalled furiously and admitted that it was a "standard letter" that anyone dealing with my letters would have sent. I recorded the phone call and will try to add it to my court bundle.

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