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      @ Car return none identify letter.pdf
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      By BankFodder · Posted

      Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
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      If there is no reply to the "nasty" mail in 48 hours, then please come back here and we can assess what to do.
    • BankFodder
      EVRi lost my high value parcel - looking for mediation advice and any guidance

      By BankFodder · Posted

      In particular, read this thread carefully. it is a very long thread but be patient with it. Eventually you will come to the witness statement and also had a point where it was discovered that Packlink's terms and conditions make it clear that Evri have a direct responsibility to the claimant and the judge awarded full judgement to the claimant on that basis. We have applied for the transcript but it will probably take six weeks or so. If you're mediation fails and you go to trial then I'm sure that the transcript will be available for you. It puts an end to the claim by Evri that you should claim against Packlink and it puts an end to any need to rely on the Contracts (Rights of Third Parties) Act 1999

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Nottsdave/Capquest-Court date soon.

Nottsdave

By Nottsdave
in Financial Legal Issues

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Nottsdave

Nottsdave

Posted
Posted

Hi,

 

I need some advice.

 

On the 2.12.08 I received papers from Northampton court re a debt to Sainsburys credit card for just over 3k.

The story behind this is long and not unusual but basically highlights that I buried my head in the sand and tried to ignore lots of debts that built up around me, dating back to around 2003.

Last year I got the first of many letters (from different DCAs) chasing me for the Sainsbury debt and in fear I started paying them £100 per month which due to hard times I stopped paying this July (having paid about £1200). Im sure other Court issues will follow but I need to deal with them as they come.

So I need to know what to do and what are the consequences of doing nothing ?

Please help.

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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silverfox1961

silverfox1961

Posted
Posted (edited)

Hiya,

The consequences of doing nothing is that the DCA gets a judgement against you.

You need to either fully defend, partially defend or accept.

One of the legal bods can advise much better than me

 

fox

Edited by silverfox1961
dyslexic???

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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ScabHunter

ScabHunter

Posted
Posted

Nottsdave,

 

You have made a great start by posting on the CAG nice and early. You would be amazed at how many people leave things until the last minute, or even leave it too late and suffer a judgment in default against them.

 

Is it possible for you to scan your claim form, and post it on the site? If you do, please make sure that you black out anything which will identify you personally.

 

It is vital to know exactly which documents are mentioned in the Particulars of Claim, as it affects the wording of the CPR request letters you will need to send. We also need to know who the claimant is, and the address to send documents to.

 

Silverfox is right. If you do nothing, judgment in default will be entered against you. So, you must acknowledge service, which will give you 28 days to prepare a defence.

 

SH

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42man

42man

Posted
Posted

You have got 14 days from the date on the court claim in which to acknowledge service, if you wish to defned then you get a further 14+3 days in which to submit your defence....

 

If you are going to defend then this is what you would send in the first instance...by recorded to the opposing solicitors

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

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Nottsdave

Nottsdave

Posted
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Posted

Thanks for your replies.

Im sorry I dont have access to a scanner and Im not likely to have in the near future

 

But here goes,

 

As requested,

 

Particulars of Claim

Monies due under regulated credit agreement number******************

Between Sainsburys and the defendant which was assigned to the claimant (Capquest Investments LTD)

The agreement terminated upon the defendants failure to comply with the terms of the agreement and /or the statutory Notice of Default served by Sainsburys bank plc. The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.68%.

The address I need to send documents/payments to is

HL Legal & Collections

Herbert St

Redditch

Worcs

B98 8BL

 

ps There is no mention of the money I have paid to date. ?

 

What next please

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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42man

42man

Posted
Posted

If they don't provide any of the paperwork under the CPR....(which most don't provide) then this would be your defence

 

1 The Defendant denies ever having been indebted to (bank name) and denies credit has ever been advanced to him/her by (bank name).

 

2 The Defendant repeats paragraph 1 of his/her Defence and denies a debt was and/or was capable of assignment by (bank name) to the Claimant.

 

3 The Claimant's claim to be entitled to £XXXXXX for debt, to statutory interest or to any monetary or other relief of any kind is denied.

 

I BELIEVE THE FACTS SET OUT IN THIS DEFENCE ARE TRUE

 

Signed:

 

Dated:

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Nottsdave

Nottsdave

Posted
  • Author
Posted

Hi 42,

 

Ok I will acknowledge the court and tell them I intend to defend all of the claim . I will then send off the letter (special delivery) and see what happens

 

thanks again

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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surfaceagentx20

surfaceagentx20

Posted
Posted

Dave,

Two things to do today or as soon as ever possible:

 

[1] File your acknowledgement of service indicating you will contest theentire claim.

 

[2] Send the CPR 31.14 letter referred to above but with some minor modification as follows:

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, your client will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your client's possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your client's obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If your client is unable to comply with this request and your client believes it will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

x20

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Nottsdave

Nottsdave

Posted
  • Author
Posted (edited)

42 AND X20,

 

I have acknowledged the claim with the court, and I have the letter ready to send.

Do I have 28 days to prepare the defense ?

 

What will happen next ?

 

Sorry for being a dumbo but I have to admit Im scared.

 

Notts

Edited by Nottsdave
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As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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Laydee Danielle

Laydee Danielle

Posted
Posted

I don't want to put a downer on things for you but I want you to be aware of everything- please remember that if a defence fails (the claim is upheld) a judgment will be made against you and you will have a County Court Judgment

Specialist Debt Adviser

 

Community Legal Aid 0845 345 4345 Free advice on Debt, Employment, Housing and Welfare Benefits

 

I work for Community Legal Aid and Citizens Advice

 

I am a member of the Institute for Money Advisers

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Nottsdave

Nottsdave

Posted
  • Author
Posted

Hi

 

Help please, I have received a court claim form which I have acknowledged and stated that I will defend. I am today going to send off the letter that 42 man and x20 posted for me.

The question I have is what happens next ?

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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42man

42man

Posted
Posted

OK ND....you need to acknowledge the claim within 14 days of the date, have you made up your mind if you are going to defend ? part defend ? or not defend ?....once you have acknowledged and you are going to defend, then you must send the CPR letter to the opposing solicitors by recorded delivery......once you have acknowledged you get a further 14+3 days to submit a defence, if this going to be your option, then it is too early to submit a defence, they may try and reply to your CPR, a significant amount of the time though this isn't replied to....

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Nottsdave

Nottsdave

Posted
  • Author
Posted

Hi 42man

 

 

I have acknowledged and stated that I will fully defend, today going to send off the letter that you (42man) and x20 posted for me.

 

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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