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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.  
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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
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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.

      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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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First Trust Bank


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yes send rejection of offer letter in templates section and issue proceedings for your money most times you will see that the only way these banks seem to take notice of us is when they receive our court papers !

if my advice has been of any help to you then please click the scales ! Thank you :D

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I know of at least 2 people who have been successful against First Trust, they settled out of court but the people had to sign confidentiality agreements my claim was due to be heard on the 8th of the month but was adjourned as the Judge wants to wait for report from OFT at end of March. Hopefully when the claims in the merchantile court are heard in February a precedent will be set and they will start to settle.

 

Eratu13

Issued my court papers am just awaiting on the next steps - any advise

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they had no difficulty cashing my cheque lol. what does the rest of the letter say? does it say they have acknowledged your request and are processing it? If they havnt send again by recorded delivery make it a postal order (date of issue is on it) keep postal order stub and record of recorded delivery if they still refuse to comply, you need to put in a breech of data protection act letter. you can find guidance regarding this in FAQ's.

 

hope this helps

 

Eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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The fence people, do as much reading as possible as the saying goes "Fail to prepare,prepare to fail". I have pmed you some more details as others have said these forums are read by the banks so its sometimes best to keep you powder dry and not always let them know what you are thinking or your next course of action.

 

But stay the course dont be put off the longer they delay the more interest you get. Whatever time you think it will take treble it and if it ends sooner its a nice surprise.

 

Good Luck

Eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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eratu13

 

Wasnt even a letter chq was sent back with a compliment slip hand written note:- WE HAVE RECEIVED THIS CHEQ FROM YOUR CUSTOMER (chq out of abbey account as have already changed banks) HOWEVER THERE IS NO ACCOUNT NUMBER PROVIDED TO LODGE IT TO. PERHAPS YOU COULD RETURN THIS CHQ TO THE CUSTOMER ASKING THEM TO UPDATE THESE DETAILS. Chq was returned to abbey to be forwarded onto me. Will be re sending chq tomorrow, and try again, cheers.

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Sadie, I assume that this is cheque for S.A.R - (Subject Access Request). How the hell would you know what account number it should be lodged to?

I would remind them of their mistake and that 40 days are still ticking.

Fair enough it might be some wee 17 year old who couldnt figure it out but more likely as they are fond of reminding me an "experienced member of staff, who would have followed procedure".

I would call and ask who was dealing with your request at branch level.The cheque has then probably gone to cashier to process with no corresponding entry.

But in the name of all thats holy, ye would think that person would have had the gumption to have asked around the branch to see if anyone remembered the letter

Then again probably not since they are getting so many of these at present.

What actually gladdens my wee heart that it will cost the bank more than £10.00 for this "service" in postage alone.

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eratu13,

 

Yip, that's what the cheque was for and the letter that was sent along with the cheque explained everything. First Trust were never the sharpest tool in the box anyway. Second letter sent today reminding them that the clock is still ticking, so we will wait and see. They have got until the 13th Feb to respond.

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Had the standard reply abut only refunding default charges, and that they will only consider my claim for these (I had included letter charges).

How can they argue that because letter fees are not default chrages, that they are justified.

 

It does not cost £11.00 to write a letter.These are standard letters whereby the account number is typed in at top and information relating to that account appears eg address, balance etc(it may be even more automated now, since these are no longer done at branch).

Usually has scanned signature at bottom.

 

Can I claim for these as well?

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  • 4 weeks later...

Hi

 

Just an update. Received notification last week that First Trust where looking into my request and would furnish me with the requested information within 40 days. I replied to this letter detailing that the 40 days had started from the date of my first request and gave them 7 days from the date of the letter to comply. Before the week was up the details of my charges had arrived. Just over £1500, however, I have noticed that this figure does not include the quarterly charges imposed on the account for using my authorised overdraft. So will be checking these out and adding the total to the amount already calculated.

 

Sadie

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hello, i have sent preliminary letter - about to send letter before action next week - on 2 accounts with the FT - had response today that "the matter is receiving our attention" and detailing the bank's complaints procedure and that it will take 8 weeks... i know from reading here that i should stick to the 14 day timetable but does anyone know any more about whether small claims actions are being put off until the outcome of the oft report? eratu13 mentioned this, does anyone know exactly when it is coming out?

btw sadie i didn't add quarterly charges/fees - just interest - to my total, i thought these were for agreed services (like the £8 packaged a/c fee) and not reclaimable - is this right?

and sorry if i have posted in the wrong place, haven't done this before!

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Right have received response to my lBA , TO fIRST rUST TELLING ME THAT THE SITUATION IS UNDER INVESTIGATION AND THAT THEY WILL BE IN A POSITION TO RESPOND TO ME WITHIN 4 WEEKS.

Do I write back and respond that the deadline I set would give them until next Wed before filing for court, or just go ahead , wait until next Wed and file?

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Hello

 

The quarterly charges that I am referring to are the ones which If you use your authorised overdraft by even £1.00 at any time in the quarter First Trust charged for ever transaction that was made within that quarter on the account, amounting to as much as £40-00 to £60-00 pounds each quarter. I had already paid an arrangement fee for the overdraft at the being of the year and this was a yearly charge so why should I pay twice. Going down the unreasonable route, see where is takes me. In for a penny in for a pound.

 

Sadie

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Dear Sir/Madam

Further to your response dated 06/03/07, I would remind you that time limit which I set is 14 days from date of my last letter.

I fail to understand how it will take another four weeks to investigate this matter.

I have already stated the reasons why I believe that penalty charges you applied to our account are unlawful and believe that the bank are using delaying tactics , in responding to this matter.

To this end please be advised that should I not receive a final response to the above complaint by 14/03/07, I will immediately issue court proceedings which will incur further costs to the bank, since interest is further accruing on the charges which you have unlawfully debited from the above account.

I look forward to hearing from you

Bally

 

Am just about to fax this off, comments etc welcome

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first trust charges transaction fees quarterly but only if you go overdrawn, if you stay in credit there are no charges. therefore i think it would be classed as a penalty charge and i included them in my claim, will find out early april if i'm right

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i have a date with the first trust and a judge in craigavon court on 19th april. i had heard of other cases being delayed until april. i have a civil suit against another individual, not a bank which i processed at the same time. the court date for it was about 3 weeks earlier so i believe the bank case was held off until beyond this deadline. even if there is a reccomendation for a max of £12 i will contest the charges as unfair as they are above the banks costs. i have already paid the court fee so will fight them in the courtroom no matter what ruling appears.

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