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    • 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
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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Interim Charging order for unknown 'joint' debt. Lightfoots for TFS Loans


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Hi all,

my daughter has received an Interim Charging Order for a £2700 debt incurred by her sister, jointly named on the paperwork.

 

She has no knowledge of this, and also, Lightfoots appear to have obtained this order by using Land Registry search and she has received absolutely no other communication.

 

She has no CCJ's showing on her credit report,

but we have found other defaulted loans she knows nothing about.

However, TFS isn't one of them.

 

She is paying her mortage on a house with negative equity,

having been left in the lurch by her former partner,

so the mortage is still in joint names as far as I am aware.

 

The covering letter gives her 28 days to respond, what should she do please

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Is the sister named in the charging order and is the sister a part owner in the property?

 

It is my understanding that an application for a charging order can only be made if there has been a ccj granted and the payments towards the ccj have been defaulted upon.

Who is the creditor please that is applying for the order?

 

See the following link aswell please

 

https://www.nationaldebtline.org/EW/...csy0wodYuUCF

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Thank you for your responses,

 

I have searched Trust Online and there is a CCJ covering this,

she knows nothing about it.

 

The joint owner on the property is her former partner.

The sister is not named on the charging order, but is named as the first defendant.

She lives in a rented property.

 

The company chasing the debt is TFS Loans via Lightfoots Solicitors.

 

I googled TFS and they appear to offer guarantor loans,

so it is possible the older sister has used her as a guarantor without her knowledge.

 

Getting messy now. :(

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You have a dilemma my friend,

 

 

on the one hand, you have a daughter with a charging order looming over her, which you obviously want to help her with.

 

But on the other hand, to do so, will mean reporting her sister (your other daughter im presuming) for fraud.

 

You need to gather as much information as possible,

get a copy of the ccj from the courts for starters.

 

 

Also get a CCA request sent to TFS gor the original agreement.

 

Your daughter can apply to have the ccj set aside on the grounds of the debt being subject to a fraudulent application by her older sister.

 

 

There is a £255 fee for this but if shes on a low income or benefits, may qualify for fee remission, it is unlikely that the fee can be claimed back for a set aside. See forms N244 and ex160/ex160a

 

Give me a little time and i will find out what can be done re the Charging order application

 

Would it be possible for you to remove any identifying info from the order, scan it and post it to thread please as a pdf doc?

 

For now can you also look at sections 73:10 and 73:10a in the following link

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part73#73.10B

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Well you have as you say 28 days to lodge an objection, i am assuming here that its 28 days from the date of the interim order and that date being day 1 of the count

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You ha ve plenty to be getting on with now, there's ample time for this to be sorted, but we must get it right

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they would only be able to get a restriction, not a charging order.

 

 

CCA request is a must

and p'haps a CPR?

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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Have you spoken to your other daughter about this ?

We could do with some help from you.

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they would only be able to get a restriction, not a charging order.

 

 

It absolutely is a Charging Order.

 

However, it can only be registered as a "Restriction" and not an "Equitable Charge" as the CO is only in the name of one of the property owners.

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So what does a form K restriction actually mean i hear you say?

 

Well in a nutshell it means that the restiction will be placed on the property ( should it go uncontended and through to a final charging order)

If the property is then sold at any point, the creditor will be informed of the sale but will not be paid directly from the sale.

So then they will begin chasing you again as they think you will be loaded from the sale

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