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grumpy59

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  1. OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required?
  2. I've now chopped the original statement as attached. I haven't included 'the law' as I assumed that was fully covered in my skeleton arguement, which I also assumed would be a supporting document in my bundle. Or should the two be merged? 22Jun24 anonymised completed WX statement @ 1843.pdf
  3. Draft witness statement attached 22Jun24 Anonymised witness statement.pdf
  4. Here - https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=50671&key=4ac8ba8fc6b549081d33d5d9e733ac43
  5. Thanks jk2054 - I took the skeleton argument provided previously on this group and completed it with the details relevant to my case. I sought confirmation it was OK from your point of view after which I will add all the supporting docs and the index. If you would rather I pulled the whole thing together now, I'm happy to do so.
  6. Afternoon guys Please see attached a single file pdf doc using your skeleton argument. I've downloaded copies of all the cited legislation and the three precedents, and will incorporate them once you're happy with this document. I'll then repost the (hopefully) full bundle ready for submission to the Court cc P2G. Many thanks g59 Anonymised completed 'skeleton' argument @ 22Jun24.pdf
  7. Thanks for the link. I have seen/read several bundles on various posts here, but was unaware of your guide. I shall now prepare mine accordingly and will then repost.
  8. Evening All I am now working on pulling together my bundle of docs for Court (it needs to be submitted by 8 July) and have three parts I'd be most grateful for your thoughts on please. The first is a time line / case summary, the second concerns Items Not In Dispute and the third (I hope) sets out where P2Gs insistence that they are only liable for the first £20 of any claim falls foul of the Consumer Rights Act 2015 and also cites three cases where different judges found against P2G and ParcelHero Ltd when they attempted to argue their very limited liabilty was warranted. Anonymised pdfs of all three sections are attached. Given that in their Defendant's Response P2G appear to have conceeded that the eventually delivered parcel was empty, and that the contents had not been handled with due care and attention, do I need the amount of detail I have included in the summary document, or do you consider a significantly shortened version would suffice? As ever, many thanks g59
  9. Afternoon All. I have today received a court order requiring me to send them more details before 16:00 on 8 July. A copy of the order is attached, but the relevant paras seem to be: 2 Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this. These documents should be placed in date order and should be numbered in the bottom right hand corner. You should include the following documents if available: • A copy of the contract/agreement • Relevant correspondence, including text messages and emails  Photographs Before 4pm 08 July 2024 3 Send to the court and send to the other party your own witness statement and also witness statements from anyone who can give relevant evidence about your case. Both parties must do this. A witness statement must • have the court case number at the top • start with the witness’ name and address • it must contain numbered paragraphs and should be typed and double spaced. If not typed, it must be written clearly in block capitals or printed. • finish with the words “I believe the facts set out above to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth”, the date of the statement and the person’s signature. The original statement must be sent to the court and copies must be sent to the other side. Before 4pm 08 July 2024 I'm a little confused by para 7 in the order : Because this order has been made by a Legal Adviser without a hearing, you have the right to request that the decision of the Legal Adviser be reconsidered by a District Judge. Any request must be sent to the court to arrive by 4PM 12 June 2024. The request may be made in your online account, by email or on paper. The request must include an explanation of why the reconsideration is sought. Is this normal? Do I have to do anything with this by 12 June? As ever, many thanks 527MC352-claim-direction-order (anonymised).pdf
  10. Yup, sorry - defo should have checked with you guys first. But with the case only being argued on one point, and the Penchev & Smirnovs precedents to be presented in my bundle, I thought it would be an easy slam dunk!
  11. Thanks jk2054 - email now sent to OCMC requesting an in person hearing.
  12. That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
  13. OK - I have rejected mediation and said I wish to proceed to a court hearing. I said 'Yes' to : Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision? since they appear to be relying solely on my failure to purchase their additional 'parcel protection coverage/insurance' which my submission of the PENCHEV and SMIRNOVS transcripts should kick firmly into touch.
  14. Absolutely. If they do defend it they'll also likely incur travel and subsistence costs as I'm in Twickenham and they're in Oldham, and my understanding is that court cases invoving individual claimants are scheduled for their local court rather than that of the defendants.
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