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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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    • 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
      • 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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ja-de Vs Halifax **WON**


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Halifax owe me £74 in charges for 2 DD's. 1 in April 2005, & the other in April of 2006. there was supposed to be 3 lots, (making it 2 in April 2006) but after I rang up & complained about not being informed about the ones for last year, (I only found out when I checked my account at the "hole in the wall" 4 weeks after the fact), & was spoken down to & was literally told I was stupid for letting my account get into arrears, I also sent a letter to their office in Leeds, they decided I could have 1 of them back, which was for £39. I might add that I was not informed at all that the DD's had bounced. They told me they had posted a message on my internet account, which was no good because I was offline for 3 months. They certainly didn't send me a letter by post like they should have done.

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Hi all, sent my Prelim letter to Halifax on 10 May 07 by Recorded delivery. I have got a reply this morning which is postmarked Belfast, & I sent it to Leeds, they say that they have investigated the matter of the charges - , & basically tell me that as far as they are concerned the charges were & are justified. So, now it seems as though I'm back to square 1.

Has anyone got a reply, & had their claim investigated in just a few days.

Not sure what to do now, need help please.

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It is a standard letter, just ignore it and carry on with your claim.

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Should I still wait for the 14 days, or would you suggest I just sent the next letter now?

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Hi sea-sidelady

 

Thanks for that, & congrats on your win.

Does it mean I should still wait the customary 14 days, or do you think I should send letter 2 now:idea:.

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It will be best to wait the 14 days, that way everything is by the book, and thankyou....:D

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Thanks, I'm very grateful for your help.:)

ja-de

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Does anyone know whether Incapacity Benefit is alienable under "Social Security Administration Act 1992":idea: as its the only income I have.

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Its to do with the regulations that banks etc. are not allowed to take charges from a persons account that are on "Income Related Benefits", so i was wondering if IB was classed as "Income Related".

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I think all benefits are included.

 

Look here http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html get them back and if they are still taking it go here http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html it says all benefits paid by DWP.

 

Do check though. I am claiming and on Incapacity benefits ;)

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Thanks for the tip Moneyhelp. Been onto thread & made a couple of copies for when my IB goes into bank.:D

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I sure will, & thanks again.

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Sent LBA to Halifax 4 days ago, so, just got to sit back & wait for an answer. Fingers crossed & touch wood. (I'm not superstitious-honest).

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Let me know how you get on as well Moneyhelp. Best of luck to you too.

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Yes, we can. I'm the same, in fact I'm terrified of the prospect of going to court. I keep asking to myself, what the heck am I doing, then I remember why. We can't let them bully us any longer. They've got away with taking our money for far too long.

I'm just going to check the post office to track & trace my recorded delivery's.

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7 days since I sent my LBA, so I'm halfway there. Help!! I'm now getting a bit scared. I'll be so glad when its over.

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No need to be scared. When it comes to filing, help is every where.

 

Why dont you have a look at the court papers. And have you decided wether you want to do N1 or mcol.

 

Have a quick read of this, it might help you decide.

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

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

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7 days since I sent my LBA, so I'm halfway there. Help!! I'm now getting a bit scared. I'll be so glad when its over.

 

We are at the exact stage :o mine ends next Friday too! I posted in my thread this morning about how scared I was... don't worry we will do this together.

I have printed off my exemption forms and printed off that N1 help in my thread that Seaside Lady gave me. Will have a go (just cos I'm curious) at calculating the interest tomorrow, just to boost me up a little bit. :D

 

Hang tight Jade ;)

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To be honest with you sea-sidelady, I haven't even thought about it yet. Well no, scratch that, I've thought about it, but its all very new to me, & I'm so frightened of the prospect of it all :confused: . I don't care if they close my account, as I have another in reserve with a different bank. But like everyone on this forum, I just want my money back, & if I have to, I will take them to court.

So, it looks like me & moneyhelp will be holding hands, & can't forget we'll be taking sea-sidelady with us :D:D"kicking & screaming".:D:D

Thanks sea-sidelady for the link, I'm going to have a really good read of it all, & I'll let you know how I get on.

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You too moneyhelp, we will do this together. I'm going to do the same as you & print it all off & fill it all in (or is fill it all in & then print it all off:???:). I'm curious as well to see how much interest there is, probably not much, as they owe me £74, jeez that's just short of a weeks Incapacity Benefit. We'll hang tight together, & hope we get our money by next week:rolleyes:.

Keep checking that account & let me know how you get on.

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