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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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my court date is 12/7/07 help**WON**


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im celebratin too early obviously

 

i knew it was too good to be true...:(

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:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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there no delay taking charges out of your account ! :mad:

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:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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hi

 

following katscash and mazza's threads, both have had settlement agreed and gone to court, but no money,

i'm in the same position, court date is monday coming. got e-mail from TH this morning saying should be in my account thursday, well,, we will see !

my question really is, do you think that your problems getting the money may have something to do with putting money back onto a card account that isn't barclays directly?? similarly with mazza, the account is closed, and a cheque has to be raised.

mine is straight to my personal account which is still open, so i'm hoping that that might make it easier to go through, or am i dreaming ??

fingers crossed for all of us...............:)

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

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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hi andymanuk:) I think that there so inundated with claims, they try to settle before court and try and sort payments later date? Mr hickey thought i was with monument instead of skycard. he said skycard were not replying to his emails. Well i hope you get your money Thursday if not when you go to court on Monday ask for adjournment :wink:

still no money, sent court letter on the 21/07 so they should have received this by now, not showing on royal mail as delivered yet:( does anyone know what happens next? i have asked to be given judgement in my favour but do they go with my request or decide them selves???:???:

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Hi Kats,

 

Next move is up to the Judge. Don't worry about mail showing delivered yet or not. Just be ready to update your SOC so you have current figure for court's judgement in your favour.

 

Slick

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hi catscash & mazza

 

i hate to p*** on anyone's bonfire, but (just for your ammunition against barclays) i recieved my money into my account today, in fact tom hickey didn't promise it until thursday , so it was early.

i know thats just kind of annoying to you guys, but i suppose it is all information thats helps us put a clear picture together of whats going on with the Lit team.....(a random shambles, i guess)

 

:):mad: not sure ?

 

sorry....

still, fingers crossed..

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

:cool:

In the words of QUINCY JONES:

" It's not about your acheivements in life, it's all about the journey getting there...."

.

I got my Peices of Eight !;)

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CONGRATULATIONS ANDYMANUK:)

STILL WAITING FOR MINE:mad: maybe here by christmas lol:rolleyes:

hi mazza i think i was a bit cheeky:razz: and asked for 20hrs litigation fee@£9.25per hour the costs of postage,telephone calls ,paper, ink,envelopes cost of going to court travel etc up to date interest court costs. i don,t care if i don,t get the litigation fee but i,m fed up with them bull****ing me, were wait and see;)

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