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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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    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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Dan v Yorkshire Bank ***WON***


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ok ive calmed down ;)

 

letter i signed and returned had a tomlin order in that was to tell the court im settling, i had the same with GE Money so id seen similar documents, (signed returned and cheque within 5 days) -so signed and returned,

 

im more than sure on it it stated 7 days from the date of the letter (7 days ago now) - YB state that it says 7 days from the date action is halted

 

the Tomlin order is in front of the judge today or tomorrow - says my local court

 

so im looking at at least another week, which is annoying

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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My offer says

"If you wish to accept please sign and return the enclosed duplicate of this letter, and the Notice of Discontinuance which the Bank will hold as undelivered until payment of the settlement sum has been made to you".

 

Your claim went a lot further than mine has so maybe the discontinuance procedure is different. No mention of Tomlin.:?

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no idea - ill be checking with the court tomorrow lunch and then calling YB if its been accepted

 

cannot think of a reason why it wouldnt :confused:

 

and hopefully it will be 7 days as of tomorrow as the court said there is about a 5 day turnarouond on getting the docs back to YB

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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arses they are !

 

read my cover letter when i got in and it states

 

 

if you wish to accept please sign and return the enclosed duplicate of this letter, and the Tomlin Order which the Bank will hold as undelivered until payment of the settlement sum has been made to you. Therefore after the bank will lodge the Notice with the Court

 

!!!!!!!!!!!!!!!!!!

 

so why is the tomlin order already at the court !?!?

 

phone call to be made tomorrow early am !!!!

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Info on Tomlin Orders. I still don't understand why it could not be a simple discontinuance order, but it may shed some light for you. Tomlin Orders

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Zooman
Info on Tomlin Orders. I still don't understand why it could not be a simple discontinuance order, but it may shed some light for you. Tomlin Orders
Because Caro my dear he has Judgement and this will remove it and discontinue all proceedings. All to befit of YB.
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Ah of course Dan has judgment by default which I do not. Is that it? The penny has dropped. He also has though a letter saying that it will be held undelivered until he has received settlement. Surely that must strengthen his case to get the Tomlin Order removed. More delays and stalling though. I read a lot about how bad other banks are but I don't think any are as underhand as this one.

 

I confess to thinking when I say my discontinuance order that there was no way on this earth that I would trust them with that without having every penny cleared in my account.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Guest Zooman

it depends what the Tomlin order says.

 

i.e does it mention money paid to Dan if so they can not back out.

 

I just think full removal of the Judgement is asking to much. When they are not settling in full.

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all i signed was a copy of the letter they sent and a Tomlin order which states they will pay me £1979.00

 

can i go to the court tomorrow and request a copy ?

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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riiiiiiiiiiiiiight

 

phone the court and clydesdale,

 

seems their letter writing skills are **** poor and that the above paragraph is not phased correctly.

 

 

Tomlin is in front of Judge today - if he ok's it Clydesdale have 7 days from today to get my money to me :)

 

had a long chat with the court who were also confused by the procedure outlined in Clydesdales letter,

 

everything sorted now, just gotta wait for a call later off Clydesdale to say they have 7 days

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Judge didnt get time to view my case and there aint one available today SIGH !!!!!!!! :(

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Clydesdale say cheque is leaving today via the Pre 9am Special Delivery envelope i sent

 

we'll see

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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cheque arrived,

 

settled bar cheque clearing

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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AT LAST. Thank goodness for that. Congratulations Dan.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Cool, I am well chuffed for you Dan!!!

 

Gives me a little more hope that YB might decide to stop playing around and settle my Mum's claim ASAP.

Doing this on behalf of my lovely Mum!!

 

LTSB No1 - £200+£31.70+£30 = £261.70 COURT DATE SET 8TH NOVEMBER 2006

LTSB No2 - £423 +£124.16+£80 = £627.16 DEFAULT JUDGEMENT GRANTED DUE TO NO SHOW FROM LTSB

Yorkshire - £498+£102.64+£80 = £680.64 COURT DATE TO BE ADVISED - ALLOCATED TO SMALL CLAIMS TRACK

Citi - £1600+£361.46+£120 = £2081.46 CHEQUE RECEIVED F&F SETTLEMENT 07.06.06

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thank god indeed,

 

depo paid on a car and collecting at weekend :D

 

paying cash - for the first time in my life :D

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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brilliant news Dan - it's about b****y time ;)

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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Good stuff Dan, and the fact that it's YB and has been such b****y hard work getting it back must make it even more satisfying :)

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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cheque cleared :)

 

YBA Visa Prelim to leave tomorrow LOL! :) :) :) :) :)

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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  • 1 month later...

Hi Im new to this site and i have just requested all of my charges from the yorkshire bank which amount to over £3000. The bank have written back to me advising that if i take them to court they will counter claim and i was very worried about this but after seeing your email about winning its spurred me to continue.

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Go get em purple.silk

 

Good Luck

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL [email protected]

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