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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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      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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Asset Collections claimform - Multiple Lending Stream PDls in one claim


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Email will suffice...but I would hard copy your local county court.

 

MCOL finished once the claim was allocated and transferred to your local county court.

 

Are you okay for the wording of your letter...you must quote the correct CPR...IE Pursuant to CPR 27.9

We could do with some help from you.

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Thank you for your time and guidance as always.

 

This is the main body of my letter ... I think it is ok?

 

'I write regarding the above case and the hearing which has been listed for the*21/12/2017* at pm

*

The Defendant respectfully begs your Honour to excuse the Defendant's non-attendance in person and kindly ask your Honour to accept this letter as written notice of non-attendance in accordance with CPR Rule 27.9 1(a).

*

I would like to add that no disrespect is intended by my non-attendance. I ask the court in accordance with CPR 27.9 (1) © to deal with this case in my absence.

*

I wish to ask your Honour to consider the reasons set out within my Witness Statement which was sent to you in September.

 

A copy of this letter has also been mailed to the Claimant.

 

I would like to thank you for your time on this matter.

 

Yours Faithfully '

 

Will that be ok? Thank you again

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  • 2 weeks later...

This is being heard today, I feel really ill.

 

Can anybody advise what happens once a decision is made.

Like how long it takes to find out etc.

 

I have had to send a new address for correspondence to the court and I'm hoping they use this.

 

I currently have no job but have a car worth a little bit and a little bit of savings will I be made to pay up immediately?

I am relying on my savings at the moment to live as I can't claim anything.

 

I'm so so worried with all this being over Christmas.

 

Sorry for rambling I literally have nobody to turn to.

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It depends on the county court...but you should should get notification within 2 weeks whether the claimant was successful or dismissed.Wait for the notification and then we can advise with regards to your next actions.

 

You could always ring your court later and enquire.

 

Andy

We could do with some help from you.

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  • 3 weeks later...

What does your notice of judgment state...forthwith payment?

We could do with some help from you.

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No general form of judgement or order

The date on the letter is 6/1/18 which I have just got

Yet it states the above sums totalling £2323.79 must be paid by the defendant to the claimant by 4pm Jan 4th 2018

 

I'm crying here, if no home no job don't know what to do now will they take my car I'm not working due to anciety and depression I don't know what to do

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I'm trying to get a job I've just about managed to get through xmas without doing some real stupid things and now this. What's the point?! I'm going backward instead of forwards

Edited by Andyorch
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Its a forthwith judgment....now you submit an n245 to apply to vary it to monthly affordable payment ASAP

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

 

It will be free to you to submit...fill in the exemptions form along with your application.

 

Once this all complete and submitted there is nothing further they can do.

 

Andy

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-Court-Fees-are-you-exempt.-**Correct-as-at-April-2016**

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Sorry what do you mean there is nothing further they can do?

 

Will they just accept that I have no job and that I can only afford a small amount per month?

 

I'm really sorry to keep on mithering I'm absolutely doing my nut here.

 

I honestly wasn't expecting this ...

 

I'm so scared they will try and send somebody round to my old address which is my ex partners mums house and I'm worried it will affect me seeing my kids

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Sorry what do you mean there is nothing further they can do? Will they just accept that I have no job and that I can only afford a small amount per month? Correct I'm really sorry to keep on mithering I'm absolutely doing my nut here. I honestly wasn't expecting this ... I'm so scared they will try and send somebody round to my old address which is my ex partners mums house and I'm worried it will affect me seeing my kids

 

Hence you need to act fast...given that your letter is late and states must be paid by 4pm Jan 4th 2018 .... complete the forms and preferably take them to the issuing court by hand

 

And most importantly calm down and relax......

We could do with some help from you.

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now begin an irresponsible lending claim again lending stream too

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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Doesnt look as if I can get help with the fees as I have £3500 exactly in my savings account.

I have £16 in my current account ..... I move money over as I need to pay car insurance etc

I dont get any benefits.

 

Am I correct in thinking I have to pay the fee? And is it £50?

Thank you

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I owe them around £2000

I have around £3000 in my savings account

I am using this to live at the moment due to having no job

Can they force me to give them this?

 

No..hence the application n245 to pay monthly

 

Doesnt look as if I can get help with the fees as I have £3500 exactly in my savings account.

I have £16 in my current account ..... I move money over as I need to pay car insurance etc

I dont get any benefits. Why ?

 

Am I correct in thinking I have to pay the fee? And is it £50? Correct

Thank you

 

Andy

We could do with some help from you.

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I don't get any benefits as when I was made redundant I had too much in savings.

 

Now I have less they say I haven't made enough contributions to get anything and living out of my car on and off for months has made it harder.

 

I'm trying to reconcile with my ex but I'm scared I'll drag them down ....

 

This all happened spring last year and I've been trying to live off my savings since.

I've not really known what to dO to be honest.

 

Sorry to be a drain, I'm trying to find other sources of advice but it's quite conflicting out there.

And obviously - thank you

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What a load of nonsense you have been fed...contributions ??.....and what will you do when your saving run out?

 

I think once you have submitted your application to vary N245 you next need to sort your benefits situation out...rapid.....have a read of the following thread.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?440405-benefits

We could do with some help from you.

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I will have the money to pay them in full by Monday/Tuesday at the latest

 

Who do I pay?

Does this mean I avoid the ccj altogether?

I'm not sure how the 28 day thing works ....

 

Or do I have to apply to have the ccj removed?

 

Also having an appointment with My doctor and CAB next week to hopefully start moving forward positively

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You pay the claimants solicitor named on the claim form.. The CCJ will be removed from the register if you pay in full within one month of the day of the judgment.

We could do with some help from you.

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Hi Me again.

 

DX I have re-started the irresponsible lending claim with Lending Stream, thank you.

 

no claimant solicitor on the claim form.

 

Telephoned Asset Collections and tried to pay them.

 

First they tried to charge me more than the amount on the judgement.

 

I explained again to the guy on the phone that I have had a judgement against me and Im trying to pay it within the 28 days so as not to get a CCJ.

He goes away to speak to a manager.

 

Comes back and gives me a lower figure than what I have on the claim form.

I explain that Im pretty sure I have to pay what is on the claim form for judgement not to be entered.

He goes and checks again.

 

Comes back and says no they have put a settlement figure onto it and for me to ring the court and withdrawn my defence.

 

I say I cannot withdraw my defence on a case which has already been heard.

It was heard on the 21st December.

 

He goes away and checks with a manager.

Comes back and tells me he is correct and to pay what he has said which was just shy of £100 different to what I had.

 

Im anxious to pay as the 18th is the 28th day. So I paid it.

 

He says he will update the court that the debt has been settled within the 28 days and for a CCJ to not be applied.

he tells me to make sure I ring to withdraw my defence.

 

I have rang the court and as I thought they say the case has been heard and I cannot withdraw my defence.

 

I have an email from Asset Collections saying that my balance is now £0 and legal action will cease

 

Have I made a mistake.

Does he/they even know what they are doing?

 

Am I going to end up with the CCJ ?

 

Thank you, once again.

 

I dont understand whats going on and I would be an even bigger mess without the guidance from you on here.

 

And sorry when I say claim form I mean judgement order and this was explained to him, I dont have it to hand, i think it is the N24?

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can yo not ring the court again and ask for an email address you can forward the asset settled email to them and ensure they hve it else its still gonna get registered.

 

no asset never know what they are doing

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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I mentioned this to the court and they just said its not up to me to let them know that it has been settled - its up to the claimant. I have an email address anyway so Ill send it as it wont do any harm.

 

If a CCJ is registered can I have it removed if I prove I paid before 28 days?

 

Thank You

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