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Mickdunee99

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  1. Thank you all for your help and support. I could not have got this far without your help. Yes I will be leaving you a donation as gratitude.
  2. Morning all, Just wanted to keep everyone in the loop on the latest developments. Evri and I have reached an agreement and have settled out of court. Evri provided me with an offer that I accepted. The courts have been contacted and the hearing has been cancelled. At the time of my correspondence with them, I had accrued £116.00 of interest. They offered £100 as a "good will" If I did not pursue the £250 conversion damages. The £100 was added on to the cost of the laptop, the court fee, the hearing fee and postage costs.
  3. Just received the attached from the County Court. They have adjourned my hearing date that was set for Thursday 4th January at 14.00 due to a lack of Judicial availability. It seems that I would have to contact the court within 14 days of the letter of days that I cannot potentially attend a hearing within a 9 month period. General Form Of Judgement Or Order - 4 Jan 24 Adjourned.pdf
  4. @jk2054 is now changed to as on my draft. I sued them as Herme5 Parcelnet Limited Trading as Evri. @BankFodder Added line to inform defendant that I will be showing the letter in Court. Thank you.
  5. Understood. I see that they have appointed a representative to attend on their behalf. As you say, likely a barrister. This is the response that I will be sending to Evri with regards to their open offer that they sent on 20th December. Dear Evri legal team, Apologies for not responding to this sooner. I have been away with my family over the Christmas period. I noticed that on your court bundle on page 23 paragraph 12 that you claim that I have rejected your below open offer that was sent to me on the 20th December. Can you provide the evidence where I rejected such offer on the 20th December? Because if you claim that I rejected your open offer on the 20th, then it must have been a prompt response from me as you already filed your court bundle with false information claiming that I rejected the offer the same day to the court. You cannot take that my few days to respond to your email is a rejection as I have mentioned that I was away for the Christmas period which is common for individuals to do at this time of year. Besides, I am not time bound in any way to respond to your open offer. It is also common for an individual to consider your offer over a few days which is why you may not have an immediate response. I want to make it very clear to you and to the court that I have not rejected your offer. You will see that my email that I sent to you on the 19th December, I have encouraged you to pay me the bulk of the offer and we debate the outstanding amount in court. Since you have not agreed to pay me the bulk of the amount, I believe that it is you that has rejected my offer to deal with this issue sensibly, minimise the areas of dispute and prevent wasting the court's time and resources. I can see that you still deny liability since you did not pay me the bulk of the offer and you claim that my laptop and laptop case is "alleged lost". You have had since February 2023 to resolve this matter. Yet, you start sending out offer emails but a few weeks before we are due for a hearing. I imagine that you merely did this so that you could appeal to the judge that you have been reasonable in this matter and that you could bulk out your court bundle. To remind you Bankfodder, this response is in relation to your suggestion in post #143.
  6. Just received the below email from Evri. I did suspect that they would not bother to turn up. To: The District Judge in High Wycombe County Court Cc: Brumjeet Wadhwa Dear County Court at High Wycombe County Court Claim No: K7QZ53K0 Parties: Mr Brumjeet Wadhwa and EVRi Parcelnet Limited We write in relation to the above referenced matter and in advance of the hearing due to take place on 4 January 2024. Notwithstanding the Defendant’s attached request for the hearing to take place on paper, in accordance with CPR 27.9, please accept this email as written confirmation that the Defendant will not be attending the hearing. The Defendant requests that, in accordance with CPR 27.9, its evidence be considered in the Defendants absence. The Defendant has instructed an Advocate to attend on their behalf. We would be grateful if the Court could update its file accordingly. The Claimant has been copied to this email by way of service. Your faithfully, Evri Legal Department
  7. Please find attached notice of allocation to the small claims track hearing which states the directions. Thank you
  8. Yes I see it. Definitely a typo. Can I explain to the judge that this was simply a typo? Or am I permitted to amend my court bundle that I present in court?
  9. Hello jk2054, Would you be able to show me the sentence that you are referring to? On my final draft, Page 7 paragraph 29 mentions the following: 29) I reject the defendant’s assertion in their statement of Defence and Counterclaim (item 3) that Mr Brumjeet Wadhwa is not a Customer of EVRi Parcelnet Limited Trading as Evri and has no contract with Evri. I am clearly a discernible beneficiary under the contract between Evri, eBay and their contracting partner. I was the sender of the parcel with an Evri provided tracking numbers of H0067A0135578550 and P1390979 (see Attachments pages 16-20 E, F, G, H and I). Therefore, I enjoy third-party rights under the Contracts (Rights of Third Parties) Act 1999 Am I permitted to correct errors after I have sent the court bundle witness statements to all parties? I've noticed that I make reference to item 3 in brackets when it should be item 2. I will also write back to Evri as per Bankfodders suggestion in post #143 tomorrow. Thank you.
  10. Total and utter rubbish. They are wasting everyone's time with this. What I found interesting is that they mention that I rejected their offer. The last offer that they provided was an open offer yesterday. I have not responded to their open offer. Surely that is not the same as rejecting an offer as it has only been 1 day! I might bring that to the judge's attention because that is false and I am not bound by a time limit to respond to an open offer with the exception of the hearing date approaching.
  11. Yes MCOL was raised in April by me. Defended in September does not sound accurate to me. I'm sure it was shortly after I raised the MCOL that they raised their defence. I will have to confirm once I go over my notes again.
  12. Evri court bundle attached. If they had any sense, they would have settled out of court because their bundle is embarrassing. Full Bundle - Brumjeet Wadhwa SIGNED.pdf
  13. Understood your posts Bankfodder. Just a quick update to keep all in the loop. I posted the signed paper copies of the court bundle/witness statement to both Evri and the County Court at High Wycombe at 10.05 today via tracked, signed for and delivery before 1pm tomorrow. The postal address for High Wycombe is an address in Reading which I felt a bit nervous sending a letter to as you start to wonder if the paperwork will reach the Judge that will be for the hearing. I have also emailed the Evri legal team and the High Wycombe county court email address with the electronic copy of the court bundle at approx. 13.00 today. Hope I can claim the postage costs if I win as each letter costed £8.15 each!
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