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    • 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
    • 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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win win win....but still owe money..?


busa
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from this thread:

 

http://www.consumeractiongroup.co.uk/forum/nationwide/72909-nick-nationwide-2.html?highlight=nick+v+nationwide

 

 

WOOOOOOOOOOOOOOHOOOOOOOOO OOOOOOO........

 

JUST THOUGHT I'D CHECK MY ACCOUNT JUST AFTER POSTING THE LAST POST AND I'VE BEEN PAID........!!!!!!!!

 

sorry.....i'll stop shouting now....

 

amount i'm claiming.

 

charges £2,107.00

s69 intrest £532.59

court fee £120

 

been paid

 

two payments of 999.00

one payment of 109.00

total so far 2107.00

 

outstanding is the interest 532.59

court cost 120.00

total outstanding 652.59

 

what do i do now......i still want the 600 odd quid?

 

nick:shock:

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hold on in there - if they have paid the charges, then they will pay you the interest over the next couple of days NORMALLY.

 

If they dont then you will have tell the court that they havent paid the claim.

:| worried and stressed:|

Nationwide! Here i come, could be alot of money they might have to pay me back:eek:

 

Data request letter sent 04/06/06 via Hull Branch Nationwide.

Hull financial consultant called ME to help 04/06/06

:smile:Refunded £1200, 19/07/06, still going for the rest of it though!

LBA posted 22/09/06 claiming £2720!

D`oh! - put wrong amount in LBA - short by £1000!

Finally got the money to go to court 09/03/07

Acknowledged 13/03/07

No reply, so judgement issued 29 days after acknowledgment 14/04/07

DEFENCE FILED ??!! 09/03/07

FULLY PAID UP 17/04/07

Second Prelim sent 20/04/07

Second LBA sent 01/05/07

MCOL acknowledged

County court letter saying PAID UP 20/06/07 - although this wasnt the claimed amount, so i disputed it.

Still awaiting court date/decision due to OFT case.

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hi busa,

 

i'm in the same position as you...they just paid into my account yesterday the £721 which is just the charges...still waiting for interest and court costs which in total amounts to about £ 1081..

 

I managed to file a judgement through MCOL because they hadn't put in a defence but when i checked MCOL later on yestaerday it showed they filed the defence on the 16/6 but it didn't show up on MCOl until after i had field the judgement. So if they dont pay the rest by the time i get the defence letter from MCOL then i'll just continue the claim.

 

Funnily enough, i had 4 DD's returned last month so they advised me that i was being charged so i wrote to them asking to please not charge me and explained my financial circumstances..just received a letter back today saying they will charge me on the 28th so i guess i'll be starting another claim shortly!

 

 

good luck and congrats

 

 

shaz

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Hey shaz

 

hmmm.....it's not just me then....okidokie.... i'll wait it out then

 

keep me posted on what happens to you, post a link to your thread....

 

i didnt go the mcol route, i went to my local court....

 

 

cheers

 

nick

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All done and dusted........woohooo.....just got to send a reply back to the court....saying fully paid.....

 

they paid me my outstanding dosh today.....and i'm well chuffed....

 

thanks again everyone.......

 

and to all those in the middle of it all......keep at it, it'll all come out in the wash.....!!

 

 

regards

 

Nick (busa):p:p:p:p:p

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my claim was issues on the 18th may,

deemed served on the 28th may

so nationwide had till the 11th june to reply..the defendant filed an acknowledgement of service on 30th may. the defendant responded to the claim indicating an intention to defend all of the claim"

 

so....28 days from the 18th of may...15th june

 

i forgot the date and only checked my account on the 20th june and found i had been paid that day.......

 

got the rest of my money today so all in all 34days from filling at my local court.....

 

hope this is of some encouragement...?

 

 

 

Nick

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Thanks very much for that. It gives me hope that I will have a good summer off with the kids!!!!!!!!
:D
my claim was issues on the 18th may,

 

deemed served on the 28th may

 

so nationwide had till the 11th june to reply..the defendant filed an acknowledgement of service on 30th may. the defendant responded to the claim indicating an intention to defend all of the claim"

 

 

so....28 days from the 18th of may...15th june

 

 

i forgot the date and only checked my account on the 20th june and found i had been paid that day.......

 

 

got the rest of my money today so all in all 34days from filling at my local court.....

 

 

hope this is of some
encouragement...?

 

 

 

 

Nick

 

 

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