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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hoist/Cohen claimform - Barclaycard***Claim Struck Out***


1972mum
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That was my next question thank you!

 

I was wondering how specific I needed to be when he phoned back.

 

Am I not obliged to tell him what info is missing then?

 

Does the mediator have to decide that mediation is ended or can I?

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Just state to the mediator that you have been sent random pieces of paper..badly photostat ...that have no connection to yourself or the alleged debt or the claim..

 

 

Andy

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Let it progress to allocation now....see if they are prepared to pay a hearing fee based on the documents they rely on.

We could do with some help from you.

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  • 2 weeks later...

IMHO yes

looks like they're itching to settle as they know they don't have anything enforceable

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Was hoping they'd given up but No!

 

 

received a notice of allocation to small claims track for 9th November.

 

 

It states claimant has until 12 October to pay the trial fee.

 

 

Will I find out if they don't?

If it goes ahead,

what documents are they talking about that I need to send copies off to claimant and court?

Is it the witness statement?

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so WS to the court and them by 14 days prior to the hearing date

no harm in preparing the bones of one

then await and see if they pay the fee..

I doubt it mind

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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lots of recent threads in the same forum as your thread are at this stage or beyond it.

use the search cag box of the top red toolbar

 

 

witness statement

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Just an update. Cohens/Hoist had until 4pm on 12th October to pay the court fee.

 

Ive just called the court, and they said it doesn't appear to have been paid.

 

The guy was hard work!

I asked would i get correspondence to say that this was the case and it would be struck out.

 

He said no, even if its struck out i wont be informed and that I should still turn up at the court?

 

Is this normal, as it means that I have to do the witness statement and send it with all my other paperwork!

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as told to you on the 21st....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Seems you are relying on the claimant not to pay the fee in order to avoid submitting your evidence and WS...claimants are allowed a lot of leniency and most pay on account that the court staff fail to check.

 

If you miss your dates for following the directions and submitting your evidence...your defence will be struck out...not the claim.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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I may somewhat naively have been hoping that the fee wouldnt have been paid yes!

Do i get a witness statement from Hoist too? The witness statement that I have found to copy, refers to parts of their witness statement?

Sorry, if asking dumb questions - all a bit new to me this!

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Parties are expected to serve each other copies of their statement and disclosures (as advised within the courts directions on your Notice of Allocation)

 

If either party fail to serve a copy on the other this can be brought to the courts attention and sanctions possibly imposed.

 

Unfortunately DCAs have a habit of serving very late or not at all...it easier to draft a WS in response if you have a copy of the claimants but if not then you are drafting blind simply in support of your defence.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...

Well, just received a letter from the court saying it's been struck out due to not being paid! My husband also had a hearing the week after mine and he got a letter last week.

Shocking knowing that so many people must pay these people or go to court when the dca really don't have a leg to stand on.

Up yours Hoist!

Thank you for all the advice. We made a donation to the site last week in thanks for the invaluable information.

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Excellent well done mum.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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