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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Court date agreed!!!!! 30/8/2007


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HELP!!!!!!!!!!!!!!!!!!!!!!!!!

Can any one help me out there, I posted a thread last week but I did not receive a reply, now since then I am really desperate, as I have received my court date. I have received also a letter from Barclays Bank offering me a gesture of goodwill of £850.00 but wait for it this is the good bit.

Every month I have a debt collector call to collect £10.00 off the what I thought was sold on debt it appears that it wasn't, they were collecting on behalf of Barclays as they let this slip in the letter by telling me that they would settle the £499.00 left remaining to the debt collectors and stop them from calling and send the balance to me via a chq.

My claim to Barclays is approx £2900.00 and the o/d debt was approx £800.00 which I have reduced to the £499.00,

Should I now, claim also the £800.00 which I have been repaying back plus interest, I cannot believe that they were collecting on behalf of Barclays.:mad: :mad:

 

Also I have noted in threads that people are talking about claims bundles and paperwork that has to be filled in for the court. All that I have received from the court was a questionairre, which I completed and posted back with the £100.00 and they have just sent me a date to appear and instructed me to present papers to Judge by 2wks before and bring the originals on the date.

 

Am I missing something here, is there a court bundle I should have received or do I just send in my own copies of everything that I have done?

Also I have at no time replied to any of the letters that I have received from the Bank the only letters that I wrote were the ones at the beginning,asking for statements and the letters up to the Court Stage, once I was in the court stage I have basically ignored them.

Should I now write refusing there gesture of goodwill, and inform them that I will also be claiming the extra money as well or leave it it all upto the court process now. The letter from the bank stated if I did not contact them within 8 weeks the case would be closed.

 

I am not very good at this am I, I hav been so strongfrom the onset but I am beginning to buckle. PLEASE HELP:confused: :confused: :confused:

 

Many Thanks

 

Jay

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Ta again Saintly1. What do you thinkI should do with reference to contacting the bank advising them of what I am about to do as they have sent me a letter with an attachment for me to sign to accept the £850.00 which of course I'm really not going to do, but am concerned about there statement that the case will be closed if they do not here from me within eight weeks.

 

Shall I get really early and send them back all the copies of the details that I have to send to the Court 14 days prior to hearing.

 

And am still also confused abouth this extra money that they owe me £800.00 which was obviously incurred through bank charges but not claimed for origanally???????????????

 

Ta

 

Jay:???: :???: :???: :???:

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GOODIES

 

When you have snet a SAR and then a Prelim Letter requesting refund of money they owe you, they are not in a ny position to decide to close the matter! It's not their issue to close so just ignore their daft words about shutting the case, it's rubbish and makes no difference to the validity of your claim.

 

I think it's important that you continue on your time scale with all the charges that have been applied to your bank account - £2,900.00

 

If I understand it correctly (forgive me, am fortunate enough to have no knowledge of how DCAs work), you believe there may be additional charges/fees associated with the DCA working on behalf of Barclays?

 

I think it's important to verify that the DCA is in fact an agent of Barclays (as oppose to a sold on debt). It may well be easier to tackle these as two separate claims however I'm far too green to give you solid advise on that. Hopefully, one of the seasoned gurus will come along and tell you with confidence how best to tackle these two issues.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Hi again Saintly1

 

No I did not realise that the Illigimates Children of the Bank had sent in the Debt collection agency on their behalf, and my Blood really boiled over when they had the nerve to state that they would repay the £499.00 back to them and send me the remainder from this oh so generous offer of £850.00 to me via a chq.

 

NICE OF THEM TO PAY THEMSELVES BACK £499.00.

Thanks you guys my nerves and strongwill are now back on track.

 

Thank you so much

 

Jay

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Thanks Welshcakes, I will go for everything I can get from them, having read all the useful links I'm raring to go now.

It seems from the Links that the Judge just wants my letters and statements and any other letters received from Barclays.

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Thanks to everyone who has replied to me. Today I am going to write to Barclays Bank declining their measly offer of £850.00 and putting them straight regarding telling me when the case is closed.

Also will start putting all the paperwork in order and get photocopying, what do you think if I send the copy bundle to the bank at the same time as the letter but not letting on when the Court date is as the papers don't have to be with them until two weeks prior to the case.

Do you think that they might think she means business, or is this a bad idea, as it may give them more time to retaliate, and find other ways to make me give in.

Also anymore advice appreciated with regards to the £800.00 which the debt collector is retrieving from me on behalf of Barclays.

Should I just wait and bring it up at the court hearing:confused: :confused:

 

 

Many Thanks

 

Jay

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Hi Trucker

 

No I have not made any telephone contact with Barclays at all, I have only sent them the letters up to and including Court process.

I am in a real fight now with them so I send everything via post recorded delivery so that I have proof that they received it.

 

Still not written the letter to them yet as per my previous post, reading most of the morning on this site for info.

 

Sorry to keep harping on about my £800.00 which must be getting on everyones nerves at the moment, but I am stuck and do not know what to do.

 

Can anyone help?????????????????????

 

Thanks

 

Jay:)

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OK

 

Let me try and get my head around this. You have an overdraft debt which has been passed to an agent. Presumably your account is now closed. You say that the £800 is made up entiely of bank charges. Did you include these in your claim? If you did then when you settle then the amount still owed will be cleared from the settlement figure. If you didn't include them then you will need to ammend your claim. To do so at court you will need to use form N244 (this costs £35 and is not recoverable)

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Thanks Trucker

 

No I did not calculate this £800.00 in my figures as I believed that the debt had been sold on to a debt company. This guy calls round once a month and collects £10.00 from me.

However when I got my letter from the bank offering me £850.00 as a gesture of goodwill, they let it slip in the letter that this collector was acting on behalf of them and I now owe £499.00, so once they have settled that they would stop the collector calling and send me a cheque for the balance, so obviously pay themselves back the £499.00 and give me approx £350.00. My claim is for £2900.00 I shall of course very politely via recorded delivery letter refuse their most generous offer .

;) ;)

 

Jay:grin:

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In that case you have 2 options...

 

1. Ammend your existing claim to include the £800 (at a cost of £35 which is not recoverable)

 

2. Start a fresh claim purely to recover the £800 (new N1 etc, but at least you can recover the court fee)

 

In the mean time it is important that you carry on paying the debt.

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