Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Hi has anyone won by the FOS


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6162 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

If you think that paying the court fee will cause you financial hardship, you can ask the court to waive the fee.

 

Phone them, explain your circumstances and see what they say....

 

If you are in receipt of certain benefits then you will be exempt anyway!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Guest louis wu

I hate to say this, but 9 weeks is a pretty good time frame to reclaim your charges! Did they mean 9 weeks before they even look at your case?

 

If they say up to 9 weeks for a full refund then take them up on it, get it in writing, and sue them if it doesn't happen.

 

You need to tell us what stage you are currently at, what process you have followed, how much your claiming etc, and then you'll get more tailored advice.

Link to post
Share on other sites

Guest louis wu
Well if I had the money I would be at the court stage now.

 

does that mean you have given them a request for payment, and a letter before action?, or have you followed a different method than is generally used at CAG?

 

dont want to sound picky, and believe me noone will want to help you more than me, but you need to post some details.

Link to post
Share on other sites

Guest louis wu

I assume you have looked at the HMCS web site about fees, I have copied a section that may be relevent. You may know this, but have you tried talking to the court manager?

 

FROM HMCS WEBSITE

 

The fee you will have to pay to the court will depend on the amount you are claiming, including interest. You will have to pay a court fee unless:

 

you or your partner receive Income Support;

you or your partner receive Pension Credit guarantee credit;

you receive Income-based Job Seeker’s Allowance;

your gross annual income is £15,050 or less, and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’;

your gross annual income is £15,050 or less and you and your partner receive Working Tax Credit and Child Tax Credit between you;

If you show that the payment of a court fee would involve undue hardship to you, the Court Manager may reduce the fee or “remit” (say you do not have to pay) the fee.

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

For further information, or to apply for fee exemption or remission, ask the court staff for a copy of the combined booklet and form EX160A - Court Fees - do I have to pay them? This is also available from any county court office, or from our website Her Majesty's Courts Service - Home. You will have to make a separate application for each fee that is payable.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

hope this helps

Link to post
Share on other sites

thanks Louis wu and Jonni for the info, my boss is going to pay the cost for me to go to court, in pay of helping him to do the same for his five bank accounts. so everything has worked out fine for now.

I will keep you all infomed.:)

Link to post
Share on other sites

No, when you start court action the court themselves will give notice to the bank.

 

They then have 14 to ACKNOWLEDGE and a further 14 to submit a DEFENCE (28 in total). The court will notify you each step of the way.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Thanks so I've got less than a month to wait, for them to pay me back £5,000.

Have you heard that the banks will reduce the charges to £12 in April and then only pay the difference. I think thats wrong because if they have taken the money then they should give it all back.

Link to post
Share on other sites

Actually they are within their rights to charge just not at the rates they do at the moment, they can charge only what it costs them to deal with the mistake, not the cost + profit.

 

good luck with the claim.

 

pmahonc

Link to post
Share on other sites

Thanks so I've got less than a month to wait, for them to pay me back £5,000.

Have you heard that the banks will reduce the charges to £12 in April and then only pay the difference. I think thats wrong because if they have taken the money then they should give it all back.

 

They have a month to enter a defence, then you have to wait for the court date. This could be a few months away so dont think you'll have money that quick. There is also the posibilty that you wll also have to submit an AQ as well.

 

Abbey settled with me 4 days before the court date, and i waited 3 months from the inital court papers being served

Link to post
Share on other sites

  • 2 weeks later...

Have you heard that the banks will reduce the charges to £12 in April and then only pay the difference. I think thats wrong because if they have taken the money then they should give it all back.

 

 

I think you need to read this

;)

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.

Link to post
Share on other sites

  • 5 weeks later...

Well guys it been a month now and Abbey has put in a defence and now I'm waiting for the court to get back to me.

Abbey has asked for all the details of the claim and my personal details(which I think they have already or is that they are dumb or they don't talk to the complaints dept).

Anyway can someone tell me how long do I have to wait for the court to get back to me.:(

Link to post
Share on other sites

Well guys it been a month now and Abbey has put in a defence and now I'm waiting for the court to get back to me.

Abbey has asked for all the details of the claim and my personal details(which I think they have already or is that they are dumb or they don't talk to the complaints dept).

Anyway can someone tell me how long do I have to wait for the court to get back to me.:(

 

Can you clarify please,

Is this something thats in their defence?

Link to post
Share on other sites

All the personal details they need will be on the court docs

name, contact details etc.

 

So they sent a letter seperatley asking for your details!

If they managed to end you a letter, they have your details!

 

Paul

Link to post
Share on other sites

  • 2 weeks later...

Hi Everyone just an update,

Just got a letter from the court Today and it appears that all County Courts are transferring the Bank charges claims to the Mercantile court the be heard. My claim is going to the Royal Courts of Justice in central London.

Still no court date yet, hopefully it will come soon.

Link to post
Share on other sites

Guest louis wu

Here is a forum set up to discuss the mercantile court, it should be useful to you

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

 

and this is a very handy guide to the MC

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34297-mercantile-court-guide.html

 

Hope this is useful to you.

 

Good luck

 

Louis

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...