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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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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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northern Bank charges reclaim **WON**


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Cat

i'm not legally inclined,but I have picked up a lot in a short time here from some very helpful people.I'm trying to examine the options open to me without the high court avenue.

 

I wonder if a group action would be viable?I may post that in the general section and see what the general opinon is.....

 

I know what you mean about things being personal!!

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This has been raised by a member in my htread about the northern bank...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6263&page=2

 

in Northern Ireland,as you know,the small claims limit is £2K,but some of us(me included) could well be looking at claims well in excess of that figure.

 

It has been suggested that we band together and go to the High Court in a group action.

 

Now I do not have a clue about this-could someone advise of the pros and cons of such a move?I know there are downsides(not clear on what they are)but I'm aware they do exist....

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Not something I have any knowledge of, except that if you go to the high court and lose....get ready to pay out big time for the other side's costs.:eek:

  • Confused 1

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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This I presume would be similar to class actions in America. I didn't know you could them over here, it wiould be interesting BUT as already said if you lose you are liable for the other side's legal costs. Plus they would have very good lawyers as it could set a precedent and there's no way they would want that. On the other hand they may settle out of court in the face of such a big case.

 

Your other options are only claim up to the limit each, or perhaps put in multiple claims (split one big one into separate smaller ones) - this has been mentioned before but I'm not sure how it works.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Essntially it's very simple, all you do is add up all your charges, and then add interest. What you'll be left with is a series of total which have been adjusted. So if you were charged £30 in May 2003, you would actually be claiming say £35 for this particular charge, because you're including the interest. Now all you do is start from the oldest charges and add them up until you get to the small claims limit. These charges will form your first claim. Go through the process as described in the FAQs (you have read the FAQs, haven't you:mad:), and get your dosh back. Only when this claim is COMPLETELY SETTLED do you start one for the next lot of charges. Repeat until all charges recovered.

 

IMPORTANT: Do not attempt to run multiple claims concurrently. If you do, the bank will very likely turn up in court and have them merged into a single claim, thus taking it out of small claims.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Thanks for the advice.If the Northern don't give me the details I need I am going to have to put in an estimate up until the time I have figures provided for.It will work into 3 separate claims in that case!!

 

 

scales duly clicked on, Robert!!:)

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letter dated 14 June received this morning from Nuala Walsh,Service Recovery Manager.

 

Jist of this was that my complaint was being taken very seriously,and that they would be investigating it with a view to replying in the next 20 days :rolleyes: my clock is going tick tock in an ever more loud fashion.....

 

Also included a helpful ombudsman leaflet to be added to a growing pile of waste paper!! LOL

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I have drafted this letter for posting to the Northern today-

 

22 June 2006

 

WITHOUT PREJUDICE

Dear Ms XXXXX

 

As you will be aware,I wrote to the Northern on April 27 2006 with a DPA request for details of all charges levied on our accounts since their inception.

 

The information I received was totally inadequate,in that details for the past 2 years only were forthcoming.The deadline for full compliance with that DPA request was June 6 2006,and full compliance has not been achieved.The date is now June 22,so you will see that I have been more than reasonable under the terms of the legislation by not adhering strictly to that deadline.

 

Yesterday,I received a further automated charge on my account,which now has a debit balance of £1501.84(as of 21 June).Since my initial inquiry,(including that penalty)a further £113 has been levied in charges.This brings the known total for the 2 years details I have been furnished with to a grand total of £1904-the refund of which would bring our account up to a credit balance of £402.16

 

The overdraft balance on account no xxxxxxxx now consists totally of unlawful penalty charges levied on the account.I require a refund of those charges to our account as an interim measure before refund of the remaining charges for the period of non-disclosure.I would expect the balance on the account to reflect this refund by close of business on Monday 26 June 2006,otherwise the initial sum of £1904 plus interest and costs will be pursued in the Northern Ireland Small Claims Court,beginning on Tuesday 27 June,without prejudicing the further recovery of the charges pre 2004.

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As Soon As I Asked First Trust For A Written Reason For Their Non-compliance, With A View To Raising A Complaint With The Financial Ombudsmans Office, They Sent All Of The Information That Was Asked For.

 

It Seems To Me That All The Threats In The World Don't Scare These People, But Once They Are Faced With Court Action Or The Ombudsmans Office, They Start To Talk A Different Language

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Hey Lickthewallfatboy

 

Hope your money is back where its supposed to be! (or would I rather see the NB brought to justice in court and publicly embarrassed?) Hard call. . . . . . .

 

I jest. Hope your money is in.

 

Keep us posted.

 

More power to your elbow.

 

Cat

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good luck

we really need a success against 1 of the so called big 4 in NI to prove to all that it is possible to make a succesful claim here

 

has anyone had success over here???

 

did you not read about the Belfast taxi driver who threatened the Ulster Bank with court over almost £2K in charges,and they coughed up straight away?

 

Seems to be that if they are put up against a wall,they will buckle like the rest......

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Just Pulled this off the Consumer council's website:

 

 

 

CONSUMER GETS UNFAIR CHARGES REFUNDED

The Consumer Council in partnership with the BBC Radio Ulster consumer programme, On Your Behalf, has helped Eamonn McGuckin, a Belfast taxi driver, to get over £2000 of unauthorised overdraft charges refunded. It is believed that Mr McGuckin has received the largest penalty charges refund to a banking customer here.

Mr McGuckin used the Consumer Council's two-step guide produced as part of their 'Stop Unfair Charges' campaign to challenge the excessive charges that had been placed on his personal current account by the Halifax bank. This amounted to over £2000 over a 3-year period charged when he went into the red without permission. The bank refunded his charges in full while he was pursuing his case through the Small Claims Court under unfair contract terms legislation.

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Good Luck with your claim,

 

I think you can understand by my above post that the Belfast taxi driver had issued proceedings through the Small Claims court before the Halifax coughed up.

 

I think the general consensus of the Banks is to do nothing until proceedings are instigated, sorry I can't help you further on this as you are further down the road than I am at this stage.

 

But keep your chin up and go for it, you will get your money. The Bank just wants to see how far you are prepared to go...

 

again, Good Luck

 

regards

 

 

Bru

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as you say,they are prepared to sit back to see how far you will take it.They've called my bluff,and I'm am about to up the ante.I have already started on CITICARDS,although those dumb Indian call centres who throw a wobbly when you deviate from their prepared script still persist in ringing incessantly asking why I haven't sent a payment.

 

When they pay us back around £1400,then they might get some co-operation.....

 

same goes for RBS and Capital One-only a couple of days to go for them.

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got a 2 line letter from the Northern this morning- "I am pleased to say my investigations are currently underway and I will respond to you as soon as these investigations are complete,as outlined in my letter of 14 June 2006" too late I'm afraid-claim for £2082 inc interest and costs has just been initiated.(and that's just for the last 2 years)They must think I'm some kind of mug or something!!

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