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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Phones 4 U Please Help


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Please Help

I have been having problems with phones 4 U. I have been on a 25 pound a month contract with T-mobile through phones 4 U and at the end of June T-Mobile rang me to ask if I would still be staying with a contact phone at the end of my contact. I told them that I was thinking about going with a pay as you go service. However they talked me into changing my contact over to Voda phone because it would be a better service which would allow me international roaming and I would also be able to keep my current number and the new contact would be for the same monthly amount. I have since would out that I would have to pay for both contacts (T-mobile and Voda phone) until September when my T-mobile one ends and I would only be able to use my old number when I paid 53.99p and would have to wait until September 23rd.

I am not happy with the service, so I therefore tried to return the phone. The local P4U store said this wouldn’t be a problem as I was within my 14 cancellation period (I had the phone for 10 days at this point). However, the store rang their call centre and they said I couldn’t as I was over my 7 day cancellation period. It was never stated within my initial conversation with P4U the length of the cancellation period.

Does anyone know the best course of action I should take. I have asked P4U if I could have the packaging and address to send the phone back to but they stated that if I do they will return it and get a debt collection agency involved.

I have never signed a contract, does this mean under the consumer credit act that I have no contact with phones 4 u or is it like they say a contact because I said yes over the telephone.

Do you think I should send the phone back and refuse to pay?

Thanks

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Why would T-Mobile recommend you switch to Vodafone? It doesn't make sense. Also, you don't have Consumer Credit Act protection as you bought a phone (not credit). If you mean that you didn't sign a new contract, they'll simply transfer your agreement from the original one.

 

I think you should establish what the ACTUAL notice period is (7 or 14) and whose period that is, the network or the shop (P4u).

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Ah - you'd actually said it was T-Mob, hence my confusion. T mobile have a 14 days cancellation, but P4u is depends on local policy, so this may have caught you - OR they're playing fast and loose. Sadly, you don;t need to sign anything, they can assert your agreement and you retention and use of the goods to have the contract confirmed. At this stage, if you are still close to the deadline of 14 days, write by recorded delivery and call at the shop stating you were advised 14 days and you are cancelling. Hand back the phone and SIM card and GET A RECEIPT that notes the IMEI number on the phone and box (it should be the same).

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