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Showing content with the highest reputation on 22/07/20 in all areas

  1. Which is all great but detracting from the most pressing issue of what date is the Defence due and what are the legal arguments against this breach of contract claim.
  2. The OP needs to ask Express for copies of: * Signed CFA and schedules. * Signed T&Cs. * Signed authority to commence. * ATE policy schedule and information. * All postal and email correspondence between the OP and Express. * All telephone notes between the OP and Express. Not as part of a SAR but under the CPR. Also a full breakdown and bill of costs. This needs to be done today.
  3. Why would you file and serve your Defence without posting it up on this forum first?!
  4. Welcome to the Forum. I have moved your topic to the appropriate forum Postal and Delivery Services Please continue to post here. Andy
  5. No....you dont refer to your defence in the covering letter...you are informing them you will not be in attendance pursuant to CPR 27.9 and you have complied with all the directions its states in my post. Sign and date.
  6. can you all please stop using quote... just type... makes the thread twice as long...and difficult to read...and find your replies dx
  7. CPR 31 doesn’t apply to claims on the small claims track (CPR 31.1(2)) (so they MIGHT try & use this to disclaim a duty to disclose). I’d hope not but if they did try it on : point out that although it seems likely this will be on the small claims track, it hasn’t yet been allocated to a track, so CPR 31.1(2) doesn’t (yet!) apply. If they did try it on you could also point out that with them being solicitors and with you as a self-represented litigant they shouldn’t use you not knowing the details of the CPR to mislead ........
  8. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31
  9. I'm not sure but I think Ganymede may be suggesting(?) you need to ask for that information formally under the Civil Procedure Rules rather than via a SAR. That way they can't refuse to comply. I'm not certain because I'm not a lawyer, but I think it might be rule 31? I'm sure somebody else will know. (Sorry - all getting complicated).
  10. Give them the adress where you live abroad. If they want to pay for your airfare or train fare from there that is up to them.
  11. The request was for - file - records of phone calls and transcript - email exchange I should have made it clearer in the post- you're right.
  12. std response from PRA to a CCA request. they still only have 12+2 working days. dx
  13. The point about NWNF lawyers is that they provide a service to litigants who don't want or aren't capable of suing a third party themselves. The lawyers in this case didn't volunteer to intrude on Stormy's life, she went to them because she wanted their help to sue somebody, and then she freely entered into an agreement with them which presumably entitled them to recover costs and expenses they incurred before she (allegedly) breached the contract by discontinuing the case. If the OP has, by discontinuing the original claim, prevented the solicitors from recovering the expenses they have already incurred from their "success fee", then it seems perfectly fair* to me that they should seek to recover those costs from Stormy under their NWNF agreement. And I'm talking there about legitimate costs and expenses. I think Stormy is entitled to make them justify what they are claiming. I'm not a fan of NWNF arrangements, but unless a litigant can afford to pay a retainer and pay as they go, how else will people have access to legal advice? It's still not clear to me how a SAR assists Stormy in putting together a defence. If the NWNF agreement included terms where she agreed to co-operate fully with the firm and to comply with reasonable requests to assist in making the claim, it might backfire if the SAR reveals that the solicitors were having to chase her constantly for information and instructions. *And that is still fair whether they are "ambulance chasers" or not. If they can't recover from a Stormy, they'll have to recover from other clients who may be posters here... London1971 - apologies if I've misunderstood your views on lawyers. There are good and bad lawyers like in every other profession. I'm just concerned that some of your comments (which could be described as derogatory) might colour Stormy's approach to this. You were, after all, in an earlier post surprised at the positive reviews this firm got on social media...
  14. Actually, my view on lawyers is excellent in general. My view of nasty no win no fee ambulance chasers is very jaundiced indeed. The reason why GDPR exists is the very essence of the right to know. For example , the OP’s right to know what was said in her phone calls. Or even screen shots, with notes. Otherwise she is at an unfair advantage. So we are in a situation now where the OP knows nothing, and the law firm knows everything . This is against the very essence of GDPR. It’s more likely than not is that Express deliberately wasted her time for 30 days, and didn’t comply. Unfortunately for them there are huge fines for this, and the OP would be wise to report it.
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