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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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Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out***


tomtom013
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then as post 21

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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why?

 

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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  • 5 weeks later...

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim?

 

Also am I ok to set it out in bullet point like I did with my original witness statement?

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement? 

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

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yes as post 23

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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Share on other sites

2 hours ago, tomtom013 said:

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim? No that was your defence....this is a statement in response to their application

 

Also am I ok to set it out in bullet point like I did with my original witness statement? You have not submitted a statement yet..you have submitted an initial defence..lay it out same as the claimants statement 

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement?  Correct

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

Post your draft here for checking in PDF format.

 

Andy

We could do with some help from you.

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Sure post it here in PDF format and I will run through it in the morning.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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likewise, I also request my costs being..

 

English/grammar needs a tidy but well done

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 personally would not be submitting the above.... that requires far more work.

 

Your response should be along the lines of the following.....post #154

 

https://www.consumeractiongroup.co.uk/topic/395850-cabotrestons-claim-form-2-old-lloyds-credit-cards/page/7/#comments

 

Andy

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...

pm advice is not allowed unless its pers info which cannot be placed in the public domain

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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Share on other sites

sure..

better here then everyone can help

and it helps future readers p'haps in like situation 

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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Share on other sites

  • 3 weeks later...

sorry it took so long to reply back

 

i went to the hearing about three weeks ago.

Arrived and signed in, the solicitor heard me and seemed to look dismayed that i had turned up. 

 

I waved and said hello poiltely. 

Sat down

- unfortunately the only free seat was near him.

 

He leaned over and asked me if I needed to know anything, I politely said no thank you. 

He then said, there are a few more cases before ours so we probably would be waiting about 2/3 hours.

I felt like he was trying to psych me out, I could be wrong - maybe he was just being helpful. 

20 minutes later we were called in.

 

We went into the court room and began.

The judge said the only sticky point was whether the default notice had been sent.

He looked at the screen shot that supposedly said the default notice had been sent. 

 

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

the solicitor seemed flustered. 

 

the judge said it would need to go to trial. 

I mentioned that this process has been ongoing for over 16 months with the case being stayed because they hadnt yet sent the requested default notice yet so they obviously havent got it. 

 

The judge asked me what I wanted him to do. 

I cheekily asked him to strike out the claim

- luckily he has a slight sense of humour and didnt take this negatively. 

 

He stated there wouldnt be any point doing this as the claimant could get a default notice and re start a claim. 

a trial was requested with no further fees as they had lost. 

 

The judge said to me,

"You have won the battle, but not the war yet!"

He also advised that all the debt collector wanted was the money I owed, so to think carefully about what I was going to do.

 

As we left, the solicitor said that he didnt actually work for restons and said that all they would do was use a reconstituted (think that was what he called it) default notice letter like they did with the credit agreement.

He said that they will use another notice and just copy and paste my details and the date onto it and use that. 

 

I said that sounds a bit faudulent to me. 

He replied, well thats what they probably did with the credit agreement. 

Then he said, if you phone restons and offer £900 to settle (the whole claim is £2600 with fees), they would snap my hand off.

  I said thank you and left.

 

A few days ago I received a letter from the court detailing the outcome from the hearing.

 

Then yesterday, I received a letter from restons stating that the claimant (cabot) are discontinuing the claim and have logged this discontinuiation with the court and all further correspondance needs to be to cabot.

 

Now, what do i do now? 

Is this another tactic in the long winded game? 

Will cabot now re-hash a default notice and start another claim? 

 

Thank you  -sorry for the long post!

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you've won

 

end of

 

last you'll hear about it.

 

aw poor restons..

nice to see the locum admitting what we have know for ages about DCA's though...copy and paste jobbies everytime!!

  • Like 1

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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Share on other sites

throw the morality card out the window!!!

 

if DCA's can fake paperwork, that's a far worse situation.

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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Share on other sites

  • Andyorch changed the title to Cabot/Restons Claimform - old New day Marbles card - - Application to lift stay/Summary Judgment***Claim Discontinued***

Well done.....decent judge by the sounds of it...

 

Quote

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

 


Which is what we state and include include in every statement involving Restons......and to make matters worse the screen shot is from Restons own software and some Judges fall for it.

 

Thread title amended.

 

Andy

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • dx100uk changed the title to Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out***
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