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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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DR V Halifax


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Hi Dusary,

Ive read SSL's posts and I know your right that they probably will put the money into my account.However Ive never been that lucky before so Im expecting anything that can go wrong, will go wrong :p . Hence the reason Im asking the questions, just in case:o

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Hi Dusary,

However Ive never been that lucky before so Im expecting anything that can go wrong, will go wrong :p . Hence the reason Im asking the questions, just in case:o

 

 

I don't believe that it's a question of *luck* (though I know what you mean!).

 

It's a question of what is just, equitable and legal!

 

That's why they keep putting the dosh into our accounts!

 

Thank you for the *you-know-what"!!!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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As Im claiming using my parents address in England ( I live in Scotland), they got a phone call from the Halifax legal department on their answer machine saying the Halifax has until the 18th to submit their defence in court. I'd originally sent the seven day letter for them to pay up or I win by default as they hadnt responded in time. I suppose at least this shows they know my claim exists, not like when Ive phoned in the past and nobody can tell me anything as they couldnt find my complaint in their system. :D

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Well the bank have until the 18th to submit their defence in court.Still no news or any sign of my money yet. Im actually going away for a few days with the family so wont be near a pc to update.At least by the time I come back it should all be over.Lets just hope they dont submit a defence :D .

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Well, Im just back from a week's holiday.The bank had until the 18th to submit a defence.Ive spoken to my parents and there has been no correspondence from either the bank or the court.I will phone the court tomorrow to find out whats happenning.I wonder if this means I will have won?

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yes you win, you can go for judgement or send the letter if you havnt already.

Check your account before you ring the court.

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Phoned the court today to check if any defence had been sent from the bank and it hasn't. The lovely lady at the court said I should file for judgement. I will send the seven day letter off tomorrow asking for payment to the bank. :-D Ive still had no correspondence at all from the Halifax and still no cash in my account but it looks like its finally over.:wink:

 

BOS next, here I come:-D

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  • 2 weeks later...

Filed for judgement at the court,posted it last thursday but heard nothing from the court yet.Probably due to postal strikes.

However,for the first time, the Halifax did try and contact me.They phoned my parents house at 17.20 yesterday asking to speak to me. (Using parents address as im now in scotland).

My mother said I was at work and asked for a number so I could return the call but they refused and said they would catch up with me lol.

Told my mother to give them my mobile number so they can contact me directly.Heres hoping I hear something today.

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  • 2 weeks later...

Finally heard from the court today. They wrote to to tell me that judgement was found in my favour and enclosed a copy which was sent to the bank demanding they pay me or else :D

 

Still no sign of any money yet.I have already sent the seven day letter for payment before seeking judgement.Do I apply to send the baliffs in now or what?

 

Guess this means Ive finally won :shock:

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Have a read of this. It tells you exactly what you need to do now.

 

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

 

It wont be long till its in your pocket!! ;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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it doesnt normally take long once judgement has been granted.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 5 weeks later...

I recieved a "Notice of Issue of a warrant" from the court on the 4th september.I hadnt heard from either the court or the bank so I phoned the court today. They told me the bank hadn't replied to their warrant and that the next step was to pass the warrant onto the county court in Halifax to organise for bailiffs to go in.

Anybody else had this experience?

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I recieved a letter from the Halifax today saying that they acknowledged I had won my claim by default, but that they were now going to apply to the court for an order to set aside judgement.Basically they want it stayed until after the OFT case is heard.I guess Im not the only one this is happening to but are the courts agreeing to this?

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Hi Derek, some courts are and some are not take a look here for a quick check Which courts are carrying on????

 

you could also ring the court to check and also advise them of the letter that you have received from Howard`s crew and see if you can oppose the application, as they have known about the "test case" since at least 28 july when it was announced and prob before as it was brought about with the agreement of the banks and the OFT. and that you feel that they have chosen to ignore their obligations to the court by failing to file the defence when it was due and are just abusing the legal system to delay payment to you that they are now legaly obliged too.

 

If this advice is incorrect I am sure that someone will be along soon to put me right, but this is the course that I would follow if I was in your situation

  • Haha 1

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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thank you kind sir!!

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Hi Stonedecroze, do you know if the courts are agreeing to put aside judgement and stay them? I had alreadly had a notice of issue of warrant for this case.

I have another claim which is with the BOS that has been stayed already.

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As the letter you recieved was from the Halifax, it is advisable to contact the court to see what is happening.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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