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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.  
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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
    • 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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kia *ANOTHER ABUSE STRIKE OUT!*WON*


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thanks charley sorry for delay couldnt get to compty.Still playing the waiting game by the way the AQ do the abbey have the same timescale as me cos i think there times up and ive not heard a thing yet and by the way i might have posted this twice but dont worry about it i dont

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ive checked on my court form its dated the 19th so thats Thursday so do i phone the court office on friday to see if theyve sent theres inxxkia

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hiya no news yet so now im getting itchy feet dont know what there next sneaky move is and still to get to grips with court bundles mind you i was the same with speadsheets as well and with a bit of help got there eventually will update when news xxkia

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hiya just been chatting with a friend and shes heard from someone else that the banks are defending there cases in court is there any truth in this does anyone know or is just another rumour cos ive not heard this particluar one

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Hi kia,

 

Just thought I'd give you a nudge to see how you're getting on. Any news yet?:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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hiya absolutly nothing so really bored now no court date and no letters no nothing postmans forgotten my address least you guys havent xxkia

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right got letter today it says it si ordered that the claimant do by 400pm on the 23rd2007 file at court and serve a schedule setting out the amount of the individual charges.The dates they were applied to the account and the reasons given for such charges.and the rest is alot of gumph about it being thrown out if i dont.help!!!!!!!!!!!!!!!!!!

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Morning,

 

Haven't you sent a schedule of charges(your spreadsheet) with your claim into court?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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right charley says the harem leader that ive to write this letter in complete form cos its telling me theyve struck out the abbey on mine as well see what everyone else thinks he goes

 

IT IS ORDERED THAT

 

1.The claimant do by 4.00pm on the 23rd May 2007 file at Court and Serve on the Defendant a schedule setting out the amount of the individual charges.The dates they were applied to the Account and the reasons for such charges.

2.The Defence be Struck out as an abuse of position. If the Defendant seeks to Set Aside this Orde they shall have their Application file a schedule of all cases which they have allowed the trial where similar defence have been filed,and have pursued the defence at trial.

3. Refer back to District Judge ************** thereafter for directions

.

 

Dated 24 April 2997

 

well what do ya think

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Guest ChloeJane

Ok,

 

Hi we were chatting in the chatroom.

 

What this basically means is that you are being asked to provide the court and the other side a copy of your charges. If you did this in the spreadsheet fine - all they are requiring is a copy of your charges - by date - reason for charge and amount.

 

Send this to them by the date as stated in point 1.

 

The second bit is stating that they court are seeking to strike out the banks defence - as an abuse of position. Which is correct as they are abusing the right to charge you as they do.

 

So - the judge has struck out the defence which means unless they come up with a very good reason that they should be allowed to defend - (they wont), then with no defence, you win.

 

What the court are doing are they are aware that the banks are abusing the court process, so unless the bank can prove that they have defended other cases of this nature and on what grounds - then they will not be able to have the order to strike out removed.

 

So in essence.........

 

Send off your figures as they have asked!! - then sit back and wait and the court will be in touch for what is next. As far as I can see - it is a win!!! you need to be patient though while the motions go through and the court will be in touch with the outcome..

 

Good result...!

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well i think thats it maybe celebrations in order and never even had to set foot near the court room looks like i just wait for the wheels to roll my money to me yipeeeeeeeeeeeee!!!!!!

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Well Hmmmmmmm, let me think about this......

 

 

 

 

CONGRATULATIONS!!!

Now get your spready down to court FAST and your money's on it's way.

 

 

PS

 

Make sure you plan for your costs

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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how do i do that oh master of the harem

 

 

Well,slave girl,

 

Listen and you will learn

 

I would e-mail Abbey quoting the letter from the court in full, and saying about settling, but that you've spent much time,effort,paper,ink, and postage on this claim............and you want it back (reimbursement is the technical term).

 

You'll need to do a spready to show all your calculations, but the going rate is £9.25 per hour of work and this can include research on here as well. Teebum claimed 49 hours work at £9.25 per hour and it was paid. Make sure it's done properly in case they want to see it and add it to your final figure as a separate item.

 

 

Now then,

 

 

Where's that peeled grape I asked you for??:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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oh my god cant really be arsed and alread taken spread thingy in wot know oh master and the grape is in my pocket

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Well that's fine.......the court doesn't need it. But you'll need it for the Abbey so there's no desperate rush.......get it ready once it starts to rain on Sunday, and you'll be ready for th'Abbey on Tuesday after a chilled out Bank Holiday, and think what you can spend the extra £400 on.

 

 

 

cf

 

 

Ps have the grape yourself......I don't want it if it's been knocking around in your pocket for most of the day:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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oh definatly the harem and master wouldnt be right not to eh and the master does like his grapes so much!!!!!xxkia oh and ill have a butchers at the link ta love

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Which court is it Kia?

 

And does this say abuse of process?

2.The Defence be Struck out as an abuse of position.

 

Oh, and congrats, by the way!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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