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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.  
    • 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
    • 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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    • 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
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      • 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
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timps vs on:line finance ***WON***


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Posted off my SAR today to on line finance...looking back over the few letters that I have found from them there are administration charges of £135 and £165!!! along with letter fees of £15. Can I claim back the admin charges? The account is now closed and paid off thankfully, but I want my money back from this company. What the h*ll is a £165 admin charge for?:-?

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These companies have a nice line in EDIT: "administative charge" = penalty, "service charge" = interest. Reclaim both.

 

Steven

 

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If the service is genuine, then the charge for it cannot be claimed. This is why many of the banks are cloaking their penalty charges under this name. Interest is only claimable on the penalty charges themselves, not all interest.

 

Hopefully your SAR should make your charges clearer, and while you're waiting for your information have a good read so you'll become clearer about what you can and can't claim for.

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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got a statement yesterday with a lot of charges on. £15 £30 letters + charged for 2 default notices. going to work out the total...but how do i get the default notices off my credit file?

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When you do your claim make sure that you include removal of the defaults in your claim, and if you are offered the full amount of money, refuse it unless the offer includes removal of the defaults. They are incredibly difficult to get removed. There is quite a bit on default removal on the site. Might be an idea to get info from the credit reference agencies too to see what they show.

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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  • 2 weeks later...

I have recieved this response from on:line finance-

 

"Re:late payment charges

 

we write to you with regard to your request for a refund of the late payment fees incurred on the aforementioned.

 

We have noted that you refer to recent recomendations set by the OFT; may we please clarify the situation for you.

 

The new OFT regulations relate to a£12.00 limit on default charges incurred by misuse of credit cards. The agreement you entered into with us was a conditional sale agreement regulated by the Consumer Credit Act 1974 which was inclusive of clauses whereby you agreed to indemnify us for any costs incurred (Clause 5.3 attached).

 

A tariff of these charges would have been included within your welcome pack at the beginning of your agreement.

 

We must therefore aver that you have agreed to pay these charges from the outset and thus do not accept your claim for re-imbursement.

 

yours faithfully

 

Illegible signature"

 

What do I do now? They included a photo copy of all the terms and conditions refered to in the letter. Clause 5.3 refers to preparing , seding letters etc and re claiming the costs incurred....help!! :confused:

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whereby you agreed to indemnify us for any costs incurred (Clause 5.3 attached).

 

Seems to me the above is the salient point. I agree, proceed with the LBA and ignore the fob off.

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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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What's an LBA?

 

Letter Before Action - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

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  • 2 weeks later...

If they haven't replied within your timescale, then tes.

 

Steven

 

If this post is helpful, please click the scales

 

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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On the online claim site (which don't take visa electron!!) do i have to put in the interest daily rates or can i put that in later! I havn't done all the calculations just got the final figure that OLF owe me. When i tick the box for interest it says I need to put in a paragraph regarding interest...do I need to put this in word for word?

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The space on MCOL for your particulars of claim is very limited and you can't really afford to miss anything out or it might not be enough to back up your claim. If you can't fit it in, you might be better to do a paper claim and send an N1 to the court. There are no limits on the POC with that.

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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  • 2 months later...

been through all the legal stuff with MCOL. online said they were going to defend but forgot to put in a defence!!! I got a judgement by default. So what do i do now? rang them today to see when they were going to pay...they said they would ring back but never did.

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On the application for judgement you had to put when you wanted the money - presumably you put immediately. If that is the case, give them 14 days. If they don't pay up by then you need to apply for a warrant of execution.

 

 

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yeah i put in to be paid imediately. The lady i spoke to today said her manager was dealing with it, she was going to e-mail him and ring me back. Should I ring again tomorow?

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  • 3 weeks later...

I think I am nearly there, after many phone calls to olf. Today is the last chance for them to send me a cheque then i issue a warrant. They keep saying that they are processing the cheque but still one hasn't arrived, some kind of authorising mix up they said today.

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  • 2 weeks later...

Update and important advice for anyone taking on online or gmac. They promised me a cheque by friday last week - didn't arrive despite lots of phone calls to try and avoid issuing a warrant. Advice...with regards to online finance and making a money claim on line (MCOL) do not use the PO Box address as this prolongs the claim and warrant process and the CCJ cannot be registered against a PO Box ( I am filling in a registry trust document to have it registered). The address is: HEOL-Y-GAMLAS, PARC NANTGARW, TREFOREST INDUSTRIAL ESTATE, TREFOREST, CARDIFF CF15 7QU.

 

Spoken to court today and had the case transfrered to Cardiff County Court. If no cheque by tomorow then bailiffs going round to online to get my £755 as it's over a month since the judgment was made against them.

 

Advice...... (which in hindsight i would have done) when you get a judgement against them issue a warrant online straight away, this will stop the long drawn out pointless phone calls which i have made. They ignore requests for the right person to ring back and string things out right to the end:mad: The only way I feel to deal with these people is a warrant and bailliffs visit.

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Got a cheque today for full amount and a letter saying here is cheque for claim for unfair charges! so can someone show this as won please and thanks to all who have helped......now onto barclays:D

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