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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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Lowell Capital One Card


gami
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Hello, looking for advice how to proceed.

 

I had a Capital One Card that defaulted more than 6 years ago and I was paying £1 a month, and stopped this recently. 

 

The last contact I have from Lowell who I believe own the debt now after Frederickson was in December offering a 50% discount offer if I paid in 6 months. 

 

In 2014 it was for £650 and the balance is now about £460

 

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who are freds stated client on their letter?

 

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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It moved to Lowell I believe, and Frederickson no longer have it, I may be incorrect but I think I've had a letter in the past from them stating they couldn't take payments so I'm thinking they may of been a reassignment letter?

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that's not what I asked.

you need to ensure that either the original creditor or the subsequent debts buyer are aware of your correct address to prevent backdoor CCJ's If you've ever moved. since takeout.

 

 

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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Hey DX

 

I thought you asked me who the stated client was? 

 

And from what I'm aware it's Lowells- on the most recent letter there's no client listed at all. It only states the offer, and in the corner has "original creditor, original account number - being Capital One"

 

This is to my address so it's the right address. 

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good so sold to lowells.

it might have come to the right address...

but have YOU in writing to either the OC or any DCA since taking this card out told them of this if you have moved since takout..?

 

you need to at the very minimum protect against backdoor CCJ's

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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you need to send Lowell a CCA request. nothing to do with the OC now

this will kill 2 birds

tell them your correct address

and put them to strict proof 

 

bar OD's and mobile debts are there any other debts from the old thread that are the same situation?

 

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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I learnt the hard way with Lowell’s , Twice!! They always go for a back door CCJ! You need to make it crystal clear in writing, with proof of postage, what your current address is.
 

On the flip side, when challenged, it’s rare they can come up with any proof of anything. They are chancers who buy rubbish debts for a few pence in the pound, knowing they can make all their money from undefended backdoor CCJ’s.

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  • 1 month later...

Hello.

 

Just to update. I sent my request, I have proof of postage along with this & a copy of said request.

 

I’ve received no acknowledgement letter, & last month they pulled my credit report for an affordability check..

 

Looking around the forum I just leave this now? They’ve become extra annoying in sending letters chasing - but not anything to do with my request 😒

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  • 1 month later...

I’ve had no response to my CCA, another soft search & now they’ve started letting my previous address.

 

Ive read I’m not supposed to follow up the CCA but I cannot for the life of me find my proof of postage now. Should I be concerned of a back door CCJ or legal action? They seem persistent at the moment.

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