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FTMDave

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FTMDave last won the day on February 29

FTMDave had the most liked content!

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  1. I didn't know what Shiply was until finding this thread. I've had a good read through reviews and indeed signed up myself today to ask for quotes for a mock delivery. It seems like one of those things that go right most of the time. To be fair to them, the majority of reviews are positive. But when it goes wrong it goes very wrong. All the one-star reviews tell the same story. Driver steals the goods. Shiply have no customer service and do nothing whatsoever.
  2. Apologies for wasting your time I must have got your case mixed up with someone else's. Anyway, your defence is fine.
  3. Nick - it pains me to say it, but I think their PoCs are OK. They do say "the defendant is pursued as the driver" and then add that if that fails they use POFA to pursue as the keeper, which I think is alright. Karalius - maybe I'm dreaming this, but I have it in my head that they send you a LoC for £160 and later another for £170. Is that right? It's hard to tell from your attachments as you've had to delete some for space.
  4. How about these changes? There's a hint there about the consideration & grace periods without actually spelling it out. They must know that means their case is rubbish. However, they are very, very litigious. Dear Simple Simon, Re: your invoice no.XXXXX thank you for your Letter Before Claim I am 2-0 up in terms of Small Claim Court Proceedings so I look forward to the opportunity to claim a Hat Trick, this being more straight forward than my previous two cases. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best endeavours you still are of the belief I have breached your terms. I cannot breach terms that I was not present to accept. Did you even read my initial response? Maybe have another read and save yourself some money. While you're at it have a butcher's at section 13 of the IPC Code of Practice, 2023 edition, dumbo. I look forward to your deafening silence. Yours sincerely Xxxxxxxx
  5. Laura - so yes, you need to to e-mail the court today. In the subject heading put: the claim number; the names of the parties; court order dated 21 March 2024; preliminary hearing 25 June 2024. Point out that the court order dated 21 March orders you to file documentation by 8 April, but you only received the order today 10 April. Therefore it is impossible to comply with the order but you will do so as a matter of urgency. No disrespect to the court is meant. You have already made an appointment with your GP on XXXXX in order to be able to comply with the court order. Next get your GP to write what the court wants. It's only brief - "on the balance of probabilities the defendant currently lacks capacity within the meaning of the Mental Capacity Act 2005 to conduct legal proceedings in claim number XXXXX".
  6. Well, one of my work commitments got cancelled, or earlier than expected here is what Laura received today. Comments in a minute. Court orders.pdf
  7. Sorry, but an application to the court has to be done properly. We need to see what they have told you to do. The last thing we want is for the application to fail. I'll PM you with an idea.
  8. Lolerz is spot on. It just needs a 2-line letter saying you've moved from A to B. Invest in a 2nd class stamp and get a free Certificate of Posting from the post office. This is essential. Just about every week we get someone on CAG who has lost a court case by default as the papers went to the wrong address. If you want to read about ghedgehog's thrashing of them in court, it's here https://www.consumeractiongroup.co.uk/topic/454551-opsdcbl-2xpcns-paploc-now-claimform-machine-said-not-in-use-llangrannog-beach-car-park-west-wales-claim-dismissed/#comment-5114713
  9. BB - the OP says they are already at Letter of Claim stage. Warrior - before going any further, let's deal with the matter of naming the driver. Excel and their sister company VCS are very well known to us. They have a company policy of issuing court claims against huge numbers of motorists who don't pay them, maybe the majority. Therefore, however you respond, you're likely to have to see them off in court. Winning in court is not a problem, but be aware that's where the winning will probably be. I once went through old cases and worked out that Caggers won against these companies in court around 85% of the time. Presumably they have this disgusting policy because there must be large numbers of people who cave in when court papers arrive, so Excel/VCS can take on the chin the number who have the staying power to go all the way and beat them. So - do you want to name the driver to them and remove yourself from the loop? Or are you happy to keep fighting them yourself? We will of course back you up all the way.
  10. Why is your claim not viable? It costs £35 to issue a small claims action, which you get back if you win.
  11. The pub has rave reviews on Google Maps about the helpfulness of the landlord and the staff. Turns out Pete is the landlord. It has to be worth a try contacting the pub. It's a huge pity that wasn't done in July 2022,
  12. dx is spot on. The E-mail address is there: [email protected] Explain to them what you explained to us and ask them to call CEL off. Has to be worth a try.
  13. I don't quite know how they've made the balance out to be £599, but anyway ... Ho! Ho! Ho! If their case for £600 is so good, why are they prepared to accept £200? I think we can work that one out.
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