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About cupid07

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  1. They wanted him to answer the questions verbally, fill it in on behalf of him and have him sign it! Unfortunately they've been unreasonable with helping him get there (since its near 300 miles away, and a 4 hour drive) and tried to force the witness statement the way they have. They will have to apply for a summons now. Many thanks for your help. EDIT to add: I've noticed from the correspondence that these solicitors are the solicitors of the insurance company and not DPD. The court claim is between the claimant and DPD, so where do the insurers come into this?
  2. Yes it was questions on the witness statement, that were framed in their words - no blank space to write freely but already pre-filled questions. To clarify, this is just a solicitors witness statement - not a witness summons from the court. He has asked several times now, if he goes to court on the day if he will be represented by these solicitors - they have failed to provide any response/dodged the question. He was also told that he will not be reimbursed as a witness for any travel costs or loss of work for the day (he works elsewhere now so would need time
  3. Many thanks for all the replies, apologies for the lateness as christmas has been hectic. He has been sent a witness statement, so the solicitors can prepare a defense, but has yet to fill it in. Is he advised to NOT fill it in? If he fills it in, is this going down the route of him being an employee? or is this going down the route of him being solely responsible for any costs/damages? @stu007 - yes that is the same scheme.
  4. Yes, on paper although the "tools" utilised during the accident i.e the van are the property of DPD, and are under the insurance of the DPD company. Also under negligence and the integration test - the work is not an accessory to the business but a vital part of their business model. Under the control test, my friend has no control over the hours worked. So on paper yes but in theory they fulfill the conditions of employee. I agree they are going after DPD as its likely easier to enforce and of course, deeper pockets - and also easier as its then listed at the clai
  5. Hi everyone, I need some advice on behalf of a friend. He started working as a self-employed DPD franchise driver last year. It means you get the title as self-employed but essentially you drive their van, you wear their uniform, they tell you what hours to work & theres little say on your part in this. During the course of his working day, he got into an accident. The insurance companies stated that they could find nobody to be at fault for the collision and any damages were paid for. I believe the other guy who was involved in the crash had quite a high excess
  6. I applied for a small claims against the defendant in september 2011. There were three parts to the debt - items of mine which the defendant refused to return, a holiday i had booked which the defendant logged in as me and cancelled (i was unable to get a refund from the hotel/airline company) and cash which i sent registered post and had proof of signature. First court date was November 2011. The defendant didn't show, I didn't either due to being 500 miles away and currently on sick leave. The case was struck out and they lost my paperwork. Ideally it should have been dealt with on th
  7. Due to complications in this case, I (the claimant) had a for mention and the judge ordered the defendant to pay within 7 days. I asked if it was an actual decree issued and was told no it was a court order. I was advised to ask the judge for an open decree. Do i need to do this or are court orders enforceable??
  8. isn't it 14 days to set aside? whats the difference between setting aside and appealing? or should both be done? PART 27 - THE SMALL CLAIMS TRACK - Ministry of Justice www.justice.gov.uk/guidance/courts-and-tribunals/.../part27.htmCached You +1'd this publicly. Undo (2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the
  9. I wrote to the courts in advanced and to the defendant explaining that i wanted the case dealt with in my absence, this is because its an overseas case (england and northern ireland) so i had no chance to get it set aside when the judgment was made.
  10. I had a case heard recently. Unfortunately it was struck out as the defendant (who didn't show up) had written to the court (and failed to notify me) telling them that full payment had been made. I have provided the courts with evidence of my bank details showing no payment received. I was told payment had been made via bank transfer. I believe it is highly likely the defendant has falsified evidence, paid the money into someone elses account and then told the court it was my account. I am currently waiting on a copy of what the defendant submitted from the courts. In addition the de
  11. A hearing date was sent for 29th november (yesterday). I was unable to attend due to ill health (a drs note was sent in to the court along with a signed statement/declaration and further evidence), a copy was also sent to the defendant. I have the tracking information and it says it reached them on the 21st so was definitely sent before the 7 days deadline. Today i rang the court to ask for the verdict and was told it had been struck out. They were unable to tell me why due to the strikes. I am completely baffled. I have read the non attendance of partys at final hearings and have complie
  12. I have filed for £250 against the defendant. I reside in england, the claimant in northern ireland. I went through a DCA initially to recover the debt, the defendant wrote back denying they had any debts with me and claimed there was no loan agreement in writing, i argued it was a verbal loan agreement. My next step was i filed through the NI courts and tribunals service. The forms were sent out and the claimant put foward a notice of dispute. however in the notice of dispute the defendant says they owe liability to the sum of £70 and will enclose a cheque. i have yet to recieve any che
  13. DCA's are not illegal so i'm not doing anything illegal here at all. And the "proper channels" don't always work as i've tried to persue before and ended up losing more money. This is even messier since its taking place overseas - if she doesn't respond to a FREE DCA, shes hardly likely to respond to a court leaflet. This gives them an opportunity to way up what kind of person she is - if she won't pay through a DCA, theres a good chance she also won't pay through the court system so this way is decent for people wo weigh up situations and also for people on low salaries like I am at the momen
  14. The same way DCA collect for businesses, I have proof in writing from her that the total sum owed is £250. They recover it and take a % of what they recover. If they recover the £250 by sending a letter they get to keep x amount.
  15. yes i have receipts for my electrical items and my clothing. By domestic i mean her spouse who is filing for divorce came to me and i was truthful to them about her behaviour and she found out about it and now won't pay me back but still kept in contact with me (so she does know where i live ect) and just makes up excuse after excuse regarding paying me back.
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