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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.  
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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
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Estellabianca V Abbey


Estellabianca
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Hi Estella,

 

Once your claim is underway the only way you can amend it costs you 35 quid which isn't claimable, so it's swings and roundabouts.

 

You've got a couple of options as I see it. Either this latest charge is the start of your next claim against Abbey or you could do what James33 did here (Post 30 I think)

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61429-james33-taking-abbey-2.html

 

and to be honest if you don't ask then you don't get.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi, in theory you could amend your claim but it'll cost £35 which you can't reclaim so that would be daft. All you can do is to include the extra charge when they want to negotiate settlement. But I expect they'll just say no, sue us (which you could do via a 2nd action). And apart from avoiding charges (which isn't very helpful advice, I know), there's nothing to stop them adding more if you exceed your limit. Sorry. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Hi, its a long shot but you could try writing to them requesting they cease, charging you as your acc is in dispute and since the dispute is about charges, they should stop doing it. I finally said that to my bank and they have put everything on hold including freezing the interest so all i have to do is repay my overdraft on a monthly basis.

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  • 3 weeks later...

Hi all :) I did what you adviced me to do: wrote a letter to Abbey explaining everything but they still applied the new charge on my account last week:mad: .

Other thing I've been waiting for 3 weeks now for a court date:evil: Does it normaly take that long?:-?

I've had no answer from Abbey regarding my money, haven't received anything from them, no refund cheque:mad:. I'm starting to beleive that I will never see my money again:eek: .

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Other thing I've been waiting for 3 weeks now for a court date Does it normaly take that long?

 

It can do if your concerned then give the courts a call and ask what's happening with your claim.

 

I've had no answer from Abbey regarding my money, haven't received anything from them, no refund cheque I'm starting to beleive that I will never see my money again .

 

I had the 50% offer also at the defence stage the same as you, I have not had any money into my account either so again it's normal, to be honest I would prefer to wait for the lump sum, also don't forget you like me did send a letter rejecting it at this stage.

 

Can I ask do you know if Abbey has filed the AQ with the court?

 

And have you received a copy?

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I have no idea. I haven't received any copies of Abbey 's AQ, nothing at all:eek: . What does this mean? :???:

 

You received a copy of their defence earlier (with their 50% offer) so they (Abbey) have obviously got your case on the go ok.

 

I don't think there is anything much for you to worry about, the court will see to the deadlines now.

 

Abbey can't get away with messing the court around too much (they do try: they may be late with things, as many banks seem to be, but there does seem to be an increasing trend in many forums that the Courts are seeing through this practice and stopping them abusing the court process).

 

If you are really worried, give the court where you submitted your N1 a call. The numbers on the forms. The staff are happy to tell you what has happened.

 

BUT I think it is important that you remember that you are ging through a legal process and taking someone to the Small Claims Court. OK, in this instance it is a Bank, and is a process that both us (the claimants) and them (the Banks) are doing a number of times. So we have all our replies etc pretty much ready at each stage.

 

The Court, however, has to treat EVERY SINGLE case in the court process the same, and so each step can take time. You have to allow a couple of weeks, at least, for each stage. This is required in the law to give both the Claimant and the Defendant time to prepare their cases at each stage - and to give time for protential resolution.

 

Abbey will take their time, they always do as they hope the Claimant's will get cold feet and they will settle for a smaller amount. BUT don't worry, hold out and you will get there! - everyone has so far ... :D

Apple x

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I haven't received any copies of Abbey 's AQ, nothing at all . What does this mean?

 

The reason I asked was I have not received Abbey's AQ either, I was just trying to work out if this is standard practice, I have had a few reply's on my topic where people have and some have not

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Hi i wouldn't worry too much about it as said before they def know of your claims. personally, i would send whoever is named as the their solicitor an email asking why good practice has not been followed and could they send you a copy of their AQ.

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Hi, I second bp - don't worry about it. Abbey don't always copy their AQ to the claimant, and even when they do it's usually just a bit of a giggle. In my case, they ticked the "we're going to submit an expert's report". Guess what ? They submitted diddly-squat. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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  • 4 weeks later...

Hi all, it's been a month now since I sent my AQ. I haven't received any letters yet, nothing from Abbey and nothing from the court. I've used the new strategie for AQ and I haven't got a court date even after more than a month .All I know is that the court 's got my AQ. What do I have to do next?? I'm getting tired of waiting:mad:

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Hi all, I phoned the court yesterday. I was told it's going to take between 5 to 10 days for the judge to decide of directions. The lady told me that Abbey sent them their allocation questionnaire in time. I didn't get a copy of it. That's it really. Does this mean I 'm going to court shortly???

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Hi Estelle,

 

Does this mean I 'm going to court shortly???

 

let me think about this for a minute......................................no, the abbey don't go to court. It means that soon you'll be told which court, when, what to do prior to the date, what documents to prepare. And then you'll do all this and Abbey will settle beforehand.

 

 

 

Unless you get mariejader's or kia's Judge and he throws their defence out completely

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

Estell,

 

mid -June is fantastic, much sooner than mine.......court bundle time..............and then large cheque time soon after:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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You should start to read up on the court bundle and preparing it. Don't leave it till the last minute - better to take your time and understand it all just in case you do end up in court.

2 Accounts with statements back to Feb 04 = £802 in charges

S.A.R received by Abbey 22.09.06 .......start the clock!:D

9.10.06 received letter from Pam Speed 'information to follow'

12.10.06 received last 14 months of altered statements :rolleyes:

01.11.06 LBA sent to Abbey for statements

10.11.06 received statements back to 2000 - on one account:|

15.11.06 2nd LBA sent for outstanding information

26.11.06 Outstanding info arrives

30.11.06 Prelim for £1089 received by Abbey

06.12.06 Sorry you are unhappy letter received

21.12.06 Sent LBA giving 14 days before court action

22.12.06 Received GOGW for £375

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  • 2 weeks later...

Hello everyone, I've just received a second offer from Abbey just days before the court date. The offer is of £1700 ( the first offer was £1000) and it is in full and final settlement of my claim. The letter is from Inga Kirkman. It's written that this offer is an attempt to reach an amicale resolution of my claim without recourse to a FULLY CONTESTED court hearing.

What do you think should I accept it? Abbey ows me around £2500 in total interest included.

or should I wait for the full refund? What's your advice? Will I ever see the full amount or could this claim end up badly for me at the court? :confused:

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Estelle

 

 

Fully contested....................."bring it on" should be your answer.......they won't turn up but will pay you in full.

 

Don't accept that offer................it's derisory:mad:

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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abbey e-mails are first name dot last name@ abbey.com, so it's

 

[email protected] make sure you click the read receipt

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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