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    • Hi all,   I had an Lloyds bank overdraft in 2019 with the overdraft amount being £1350 maxed out by December 2019. I had left the account alone for two/three months as the overdraft fees were basically ruining me(Adding to the £1350 overdraft), i then received a letter from Lloyds asking me to phone them regarding this debt (This was January 2020). I had phoned Lloyds and we went through an expenditure on the phone and the outcome was i was to make payment of £30 towards the debt for 6 months and then after the 6 months is up they would get in touch with me to discuss further options. (There was mention in January that after the 6 months there was a possibility of a loan to pay of the remaining balance and then you make payments against the loan for however many years/months you choose.) It is worth noting that whilst i was making these payments they seized all interest on my account.    I have made every payment since January and have gradually managed to reduce my overdraft down to £1200. My problem is that the bank have phoned as it now at that stage for re-discussion, they have asked me to go through another expenditure and i panicked and over estimated things to make it look like i had less income; not loads but i was in a deficit of -£47. Due to this they said they could not allow me to take out a loan as it would only mean i was borrowing more to pay of debt which they would not allow. It then got passed over to another team and he said that i only had two options. Take a one month break with all interest etc stopped and this will allow me to seek financial advice elsewhere, or they said they would default the payment and i can then pay the minimum i can afford but the default would stay on my credit file for 6 years. He mentioned that they wouldn't take any money of me to help clear the debt as i had a deficit of -£47 and that shows i financially cannot afford to do that option. I have looked at the effects a default can make to your credit file and it impacts it tremendously.   Lloyds asked me how i cover my expenses every month and i mentioned that my Grandparents help me out sometimes with cash flow. So the gentleman at Lloyd's suggested going away and asking my grandparents if they could contribute money to me to help aid in my debt. so that he could go back to the original team(I think collections team) and say she now has this ____ He is due to phone me on Thursday (Tomorrow). I can afford to contribute probably £50-£80 a month but it would mean cutting down on fuel and some other expenses.   Its worth noting that i have a credit card with Nationwide maxed to £1000 too and this will soon be at the stage where they charge interest and i cannot afford to clear this either. Is this worth writing to them about?   Is there anyone that can advise me on what to do to help me pay as little as i can and avoid the default PLEASE, any help is really REALLY appreciated.   Thank you all in advance.
    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
    • a dn can be issued even on one default payment.
    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
    • Ok,    I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17.   I will keep to what I already know and stop over thinking further issues. 😁    
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scotswestie

VCS PCN Claimform - Broomfield Developements Broomspring Close. S37XA

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The sign about clamping is NOT to be ignored, it is importnat evidence that the signage is rubbish and the contract is unenforceable because they cant clamp but are saying they will. Doesnt matter it is out of date, it is still there.

 

We want to see every different sign, including anything that just clutters the place up. if there are signs hidden by bins then we need to see that as well, anything that shows confusion, poor siting etc helps you

 

so all pictures should be taken from the worst possible angle as approached from what would be the normal direction, is from the public highway.

 

When being made an offer you arent expected to go hunting in hedgerows for the contract so if that is what you have to do to see their signs you need to show that and note the content of the sign.

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Thanks ericsbrother, Ive taken Picts,  the sign are chest level on people’s back fences,

if a car was parked in front you would not see it,

also no lighting when dark,

text writing on sign so small.

 

 I tried to get Picts on google from 2015, but having difficulty.

 

 

 

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My thoughts are some of the roads there are public highways and the parking is not contiguous so they have to show some authority for every bay they have an interest in.

 

If you parked where there are no signs then they have no authority over those spaces and even of they did the lack of signage means there was no contract for you to consider. The other signs refer to those spaces and not yours.

 

Find the earlier thread about this place and see what in that makes sense to you. VCS dont have planning permission, they cant be bothered to write a proper NTK so no keeper liability and you may find the council will be helpful because they will have had bother about this before as well.

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Hi ericsbrother, been a bit busy.  I did a search and Broomspring Close is a public road, which has been adopted by Sheffield City Council.  There was no sign in the bay the Trike had been deposited.  I think you are right is the comments you have made.  Thanks.

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you have plenty of time to deal with this but dont let it slip down your agenda too far.

 

Adoption of the road means that every space should have its own sign as there is no contiguous ownership.

 

VCS will be forced to drop this later on but they wont do so until the last knockings in case your bottom muscles twitch and feel like paying them just to avoid the stress of thrashing them in court.

 

get everything you can that might help you and that includes anything from local papers inc  pictures of when it was a building site and so forth.

 

Look at the planning permissions to see who the devloper was and who now owns the common parts. There is a good chance that VCS signed up with a management co that has no say anyway or the spaces are allocated via the sael of the property so again VCS will not have a licence to act on behalf of every individual just because they paid some bloke a few quid to sponsor his company golf day.

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I will not forget other issues.  I will keep digging.  I am sure I sent a SAR request to these people in 2019, I am delving through paperwork looking for response. 
 

 

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Hi I propose to put this in the online defence when appropriate.

 

image.png.4a159bf9a4c5ad51e8adcaff9b4f1796.png

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You have the gist, the others will no doubt offer some constructive amendments  where and if needed.


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Posted (edited)

I would reverse points 1 and 3 and also 4 and 5 to make it flow better and then tidy up the wording to suit the new layout..

 

you have got the main thrust of your defence so well done for that.

Edited by ericsbrother

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Posted (edited)

Hi I am going to submit this defence online.

 

image.png.db7640f76d9819f08eeda0f0e31a1925.png

Edited by scotswestie

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On 19/06/2020 at 11:39, ericsbrother said:

I would reverse points 1 and 3 and also 4 and 5 to make it flow better and then tidy up the wording to suit the new layout..

 

you have got the main thrust of your defence so well done for that.

read erics post

put it up as text here so it can be quoted and edited not as a jpg.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ok will do thanks.

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DEFENCE.

 

I believe the claimants claim has no merit.  I also believe it has no chance of success for the following reasons.

 

1.  There has been no contract offered by the claimants, to the defendant.

 

2.  All the signs in location are forbidding.

 

3.  The signage at the location the Trike was parked on site, was inadequate to be considered an offer.

 

4.  The claimant has no contract with the landowner.

 

5.  Further to this, the defendants do not believe that the claimant has locus standi.

 

i ask that the claim be struck out.

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Reverse 4 and 5 and keep in the bit about you being the occupier of the land.

when you ask for the claim to be struck out it is best to say why (no locus standi and abuse of process)  and quote the civil procedure rules so say under CPR 3.4

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Ok, I will amend as you advise.  Thanks.

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Good afternoon,

 

Just got Form N180 today.  I have completed and sent copies back to Court and VCS registered post to both of them.

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no need for registered pot, proof of posting from post office will suffice.

a while back I asked to see the signs saying clamping in operation etc but you havent posted them up. Show us everything because soon you will be collating all of your defence and seeing what you have will tell us what you need to get. Never leave it to the last moment

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Ok thanks for that, I will get picture tomorrow of clamping sign, thought I had sent it.

 

Ta.

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That sign is excellent, it doesnt say it is owned by anyone other than whoever manages the parking so VCS cant deny it is part of the terms if they want to enforce the o0ther terms. that then means all of their terms are unenforceable as it is an illegal term so contract automatically unfair and void.

 

Thye should have covered it up or got landowner to remove it. I suspect that they didnt because it suits them not to

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99% game over for VCS if Simple sends his usual rent a brief to court that sign kills their pig for sure once they delve into Contracts and breach of their terms.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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