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    • On the first point, yes, but I now know that the "traffic building up beyond my control after I entered the box" is not an acceptable defence due to the rules.   Re second point, well I *did* have to break suddenly, otherwise I'd have hit the black car in front of me. I understand now that this is not "defence enough" on the contravention.   Re loophole on pics/video: I read in another post somewhere (not sure it was here or someplace else) that your reg must be clearly seen in the pics/videos at the *time* it's committing the offence ("captured live" I think it was the expression used) and that it's not permitted for someone to go over the footage in order to zoom in your number plate. So, what I'm saying is: from the pics/video (except the really dark pic that's zooming on my reg only), you *cannot* see the reg of my car. Hence why the pic zoomed on my reg doesn't show the full car *actually commiting* the offence. They're trying to *infer* that it's my car. (*I* know it is, but don't they have to prove the offence actually being committed by *my* car with pics that show the full car/position *and* reg? aka, not just a random zoomed in pic that could've been anywhere, hence the argument about "not being allowed to go over footage in order to capture offence/details").   Thanks for your time in answering btw ☺
    • Hi   Robinson Way are still chasing on this saying its not statute barred, but another issue has come to light since submitting a mortgage application.   CL Finance have a second charge on the property for this from ~2012, which the mortgage lender want removed before making an offer. CL Finance Limited (Company no. 01108021) was dissolved in October.   Does anyone have any advice on how i can have the charge removed and how we can stop Robinson Way chasing.   Many thanks   Dean
    • Yes - always best not to bury your head in the sand
    • Don't worry about the hearing fee date....concentrate on complying with the courts directions by date.   Andy
    • Hi @slick132 apologies for the delay responding.   Letter to the gym (1Life):   "Dear 1Life   RE: Cancellation of memberships ********* & **********   I refer to the aforementioned memberships at 1Life ******* Leisure Centre. We have cancelled our Direct Debit mandates and now realise that we did not provide 30 days’ notice needed. I therefore offer to pay the outstanding £49.98 for the notice period, consisting of £24.99 for ********** and £24.99 for *********.   I will pay no administration or cancellation fees and no further membership amounts. I consider the third parties attempt to charge unlawful penalty unacceptable and unfair to me as a customer. Hence the contract is terminated and we will ignore any further demands. If you confirm in writing that you will accept the amount of £49.98 in full settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any higher amount, I will pay you nothing and my offer will be withdrawn.   Yours Sincerely,"   Letter to DCA (DFC):   "Dear Debit Finance Collections Plc   RE: Notification of Unpaid Direct Debit Payment - Ref No ******** & *********   Further to receipt of emails from yourselves regarding missed payment and late payment charges, I confirm that I will pay no administration or cancellation fees and no further membership amounts. I consider these attempts to charge unlawful penalty unacceptable and unfair to me as a customer. Hence the contracts are terminated and we will ignore any further demands.     Yours Sincerely,"   Interestingly (and more than likely irrelevant) the email response from DFC stated that they wouldn't deal with me regarding my partners membership due to data protection, but then they also named her in the email! Surely a breach of data protection in itself!   Thanks Buddy2015  
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letsfly

Landlord Claimform - Friends business Rent - i am guarantor

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Can someone please help.

 

I received a money claim and the trial is coming very soon.

 

The claimants are the landlord,

sent out a late payment warning letter in 2016,

no warning letter has been received since. 


I received a money claim against me in December 2018 without a letter before action. 


The claimant is claiming breach of contract and they have submitted an agreement with their claim form that I think is invalid because it was created in 2015.

 

We have a newer agreement that was signed in 2016 but the claimants have always denied this. 


Today on their witness statement, they have attached this agreement date 2016.

Would this make the 1st agreement invalid and would this be enough to get the claim thrown out of court?

 

Any help would be greatly appreciated.

 

Thank you! 

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Hi

 

What date did they move into the Property & when did the Tenancy end?

 

How long was the initial Tenancy Agreement for?

 

Did you pay a Deposit/Holding Deposit for the Property?

 

Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)

 

Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?

 

Is the Claim for Rent Arrears/Damages etc.?

 

Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?

 

 


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Sorry, I don't think I explain my case correctly.

 

I'm the guarantor for a friend that rented a shop.

My friend couldn't make rent repayment and the landlord terminated her contract.

 

Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt.

When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement)


A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment.

They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.

 

In 2016 I received a warning letter for late repayment.

No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim. 

 

Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement.

Now they have submitted their final witness statement and attached the 1st and 2nd agreement.

Proving the 2nd agreement does exist.

 

My question is;
1. How important is it that no letter before action was sent before I received the money claim?

2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid?

3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim? 

 

Thank you. 

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