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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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Have I messed it all up?? Huffy v Abbey


huffynixs
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No - this is a service I'm afraid- you just have to do your best to avoid the charging ones!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 5 weeks later...

Ok, so ive made a mistake......

 

Ill explain - Ive followed all the steps, got a copy of all the statements and started my preliminary approach for payment. In the letter used, where you need to enter the AMOUNT WHICH YOU HAVE CHARGED ME IN OVERDRAFT INTEREST, i entered the amount for which should have been the 8% APR. I sent both my letters (two seperate accounts with abbey) and the reply i have had is that the charges are fair and where prompted by payment requests against insufficient funds and are in line with the terms and conditions.

 

I then followed the next step (not realising my stupid mistake) and completed the claim money online form, in order to take Abbey to the small claims court.

 

Ive now realised after completing the small claims court request that ive made that mistake in my original letter. Will this affect my claim and getting my charges back? In the small claims court form, i have put the correct amount including 8% APR.

 

Oooh i hope this makes sense, and hope someone may be able to help and advice me if i completely made an ass of the whole thing?!?!

 

Thanks

 

 

 

HUFFY

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yeah so long as your claim is right in court I wouldn't worry.

... a little

Mahala is a powerful thing ...

 

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Ok, so I am at the Moneyclaim stage, and have submitted my claim……. Although I’m sure I need to send the details of all the charges over the last 6 years. Do I need to send them separately in the post?, or is there somewhere I should be attaching them on the claim…. I can’t see anywhere…..?!

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I'm not yet at that stage but from what I remember reading on other posts there is an indicator on the online form that you check to say that items will be following by post. You can then post your schedule of charges off to them.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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  • 4 weeks later...

OK, so i went through all of the correct steps in order to reclaim my charges back. After sending the refund request letter, Abbey responded with the usual - denying the claim that the charges are unlawful.

 

On 16/06/06 i completed the money claim online form and awaiting my response from Abbey. Today - 13/07/06 still no response.

 

So my step - Complete the Judgement by Default form on Money Claim online..... but am confused about the period from and period to dates..... which dates should be entered here?? I tried the start date of which my charges go back to but they are not accepted so im obviously doing something wrong! help please!!

 

Huffynixs

£4801 incl court fees

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Hi

 

Thanks for replying, will check out both those posts....

 

It seems my claim was served..... yes i used moneyclaim website, so thats all good... Abbey never replied at all to the claim... so i issued the judgement on 14/07 which is being sent to the defendant.... You ve helped to understand it a bit more, and it seems my dates are all fine....

 

Im going to check out the other threads beofre serving the warrant..... Thank you for your reply!!

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  • 2 months later...

........... Now i am at quite an important stage and am slightly lost!................

 

I followed all the procedures upto issung the warrant, and then they didnt enter a defence within 28days so I entered judgement by default .. and the bailiffs were sent in......

 

The court dealing with it then was in Milton Keynes. From what i understand they - Abbey/Piper Rudnick are applying to set the Judgement aside.

 

I then receive a document with Notice of Hearing of Application from Wandsworth County Court, The Hearing of the defendant's application for DLA Piper Rudnick Gray Cary UK LLP on behalf of Abbey the defendant will take place at 12:00 on 13th November.

 

So, from what i gather from other peoples thread, i just continue to wait?!?! Or does that mean i have to go to the Hearing?? Now im getting worried, can anyone give me some advice?

 

Worried?!?! Will i be buying early xmas prezzies or fall flat on my face.....

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--------------------------------------------------------------------------------

 

........... Now i am at quite an important stage and am slightly lost!................

 

I followed all the procedures upto issung the warrant, and then they didnt enter a defence within 28days so I entered judgement by default .. and the bailiffs were sent in......

 

The court dealing with it then was in Milton Keynes. From what i understand they - Abbey/Piper Rudnick are applying to set the Judgement aside.

 

I then receive a document with Notice of Hearing of Application from Wandsworth County Court, The Hearing of the defendant's application for DLA Piper Rudnick Gray Cary UK LLP on behalf of Abbey the defendant will take place at 12:00 on 13th November.

 

So, from what i gather from other peoples thread, i just continue to wait?!?! Or does that mean i have to go to the Hearing?? Now im getting worried, can anyone give me some advice?

 

Worried?!?! Will i be buying early xmas prezzies or fall flat on my face.....

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They will probably be granted the set aside, but this continues to really wind me up, they have ample time to file a defence and fail to do so, that is the point of deadlines, but the courts seem to choose to ignore them and allow set asides.

 

Well you can object to it, but it will be probably granted in the end, so I think your best bet is to agree to it and you will soon get your offer, you will still be buying early xmass pressies :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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5 threads merged - please stick to one thread!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 5 weeks later...

My court date is due 13th November and I still havent received any correspondance from Abbey at all, since they changed Solicitors and transferred the claim to a local court to set the judgement aside about a month ago. Its only 6 working days left, shouldnt i have received something by now??

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Hi Karnevil

 

I couldnt find a suitable scanner to scan the whole document but have copied the relevant detail below

 

(The case was originally transferred from Northampton County Court to set aside judgement having been filed).

 

Notice of Hearing Application

 

In Wandsworth County Court

 

at 12:00 on 13 November

 

DLA Piper Rudnick Gray Cary UK LLP on behalf of Abbey National Plc intend to apply for an order that Pursuant to CPR 13.3 to set aside judgement in default which was obtained by the Claimant against the defendant on or about 14th July 2006.

 

because the defendant has defence with a real prospect of success and/or pusuant to CPR 13.3 (I) (b) there is good reason why the judgement should be set aside or varied or the defendat should be allowed to defend the claim.

 

We wish to reply on the attached witness statement.....

 

signed by DLA Piper Rudnick Gray Cary UK LLP

 

________________________________________________

 

attached are statements claiming they have a bundle of documents exhibited to this witness stament etc etc (i can try and scan all this if necessary)

 

also refers to both my account number which i am cliaming against - one of which they have incorrect.....!

 

The witness statement also refer to the banking code of practice etc...

________________________________________________

 

Now, since then i have received notification that my solicitors have changed to Abbey National PLC themselves.

 

_________________________________________________

 

I cant see that there is anything i need for this, but do i need to attend, as that could be something i need to sort out asap.... and should i ring them and see if they'll settle of just continue to wait?

 

I know it seems silly, but the closer i get to the actual date, the more nervous i get........ it seems so much more scary and i rally dont want to loose!!

 

Thanks

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

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