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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • 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
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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miss j v Lloyds


miss J
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HI Im new to all of this and have a few basic questions.

 

I want to request my past statements from Lloydes TSB for the last 6 years. When I call in my nearest branch to ask for them is it better to lie and say that I require them for business purposes as opposed to claim back charges? Also can they charge 5.00 for a statement or is it only 5.00 for all the statements as this would only be one request?

 

Or would it be better to just send a 40 day Data Protection Act letter requesting the statements with a cheque for 10.00? Also is there a certain address to send this to or would it just be my local branch? or does it have to be the branch I first opened the account with?

 

Thanks miss J

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The best way is to send a Data Protection Act SARs letter....click the following link....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Enclose the £10 fee. They then have 40 days in which to comply.

More than likely, they will return the £10 but if you don't send it, then they may well use that as an excuse to delay you.

 

You don't need to tell them what you need the info for. The number of SARs they get per day will make it obvious, anyway.

 

Good luck with your claim.

 

Regards, Rooster.

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Hi I have a copy of the data protection act template letter to request my statements back for the last 6 years. But which address do I send it to?

Is it Penny Barryman at Chiswell street or Swallow House in Birmingham?

And please can someone give me the full address please?

 

Thanks

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  • 2 weeks later...

Hi, this has probly been asked before but I cant find it anywhere.

 

My question is: After sending the data protection act letter to Penny Berryman is it 40 buisiness days I give to recieve the statements or just 40 normal days? Thanx

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3 threads merged .. please keep to the one thread when updating or asking questions .It is much easier for people to offer advice if they can see at a glance what you have done so far

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 4 weeks later...

Im starting to get a bit worried as I sent the sars on the 9th of feb and havnt heard anything back....the 40 days runs out on the 21st of this month and they havnt even cashed the cheque yet and I have not received any statements. Do they normally wait right untill the last minute to sort them out?

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They seem to be working on all our claims in date order. I got mine through on day 39....lol

Try ringing the number below and chase them up. You can then get confirmation that they have recieved your request.

01179433133

 

;)

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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did you send the SAR r ecorded delivery?

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I did but stupidly lost the little slip of paper to check, Im quite scatty like that :(

 

Is there an email address instead of the phone number? I have heard that if you ring up you just get passed around to different departments and it really annoys me when they do that!

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Usually that number is a good one to ring. They will take your details and phone you back. Believe it or not they do as well...hehe

 

:p

 

 

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

If I have been helpful click the scales

SAR sent 18/12/06

Statements received 02/02/07

Preliminary Request sent 05/02/07

Standard ‘No’ letter received 15/02/07

LBA sent 16.02.07

NO RESPONSE

Court Claim sent off 05/03/07

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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I recieved the statements!!! yey!

 

Been throught them and the charges dont add up to half as much as I thought...only add up to 350. Because the interest is very little on this I dont really see the point in claiming this back. So is it ok to only claim the charges back? Also Iv read that I should add up my the 8 % apr using the spreadsheet template for later on (if it went to court) but again this is hardly worth doing for this amount. What do you think?

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You can claim whatever you want but I'd suggest you claim the interest (at least the 8% statutory). Better in your pocket than theirs, it doesn't add any complications to the claim and you're entitled to claim it.

If in doubt read the

FAQs

 

If still in doubt - ask!

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So is it ok to only claim the charges back?
Yes

 

Also Iv read that I should add up my the 8 % apr using the spreadsheet template for later on (if it went to court) but again this is hardly worth doing for this amount. What do you think?

Up to you, your entitled to it and the s/s isn't difficult

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

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Thanks. Im just going to claim back the charges. Can you please give me the address to send the prelim to as Im guessing its a different department to what I sent the sars to. Thanks :)

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  • 3 weeks later...

Hi, received a letter from Lloydes saying that they have received the prelim and are looking into it and that they will get back to me within 8 weeks. I think this seems like too long to wait for a reply tho so is it best to just continue with the schedule and send a LBA? thnx

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  • 3 weeks later...

hi thanks for all the help so far! :)

 

I have received the standard letter saying we cannot refund your charges etc. so am going to proceed to the next step, Iv read about it but am unsure on a few things...

 

My husband has went to the court to get the n1 form now. Do i just fill this in and hand it back to the court with a cheque for the amount of which the court will charge? Then do the court send a letter to the bank informing them of this? Then do the bank or court get back to me??

 

Could someone please tell me how this works? thanks

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Yes fill in the N1 and return with a cheque to the court. Cheque made payable to 'HMCS'. You will need 3 copies of the N1, 1 for you, 1 for the court nad 1 for the court to send to Lloyds. The court will then issue the claim and advis eyou when it is issued.

 

You may find this is the easiest way to complete the N1

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

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Thanks. I wont have the money to pay the court untill the end of the month. Is it ok to just hand the n1 form in then with the cheque even tho I will be going over my 2 week threat? It wont effect the claim in anyway?

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