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Just battling through this War & Peace of bilge now. -
Hi. I am trying to initiate the HCEO. Can anyone help with the form please I am stuck on the N293a form. In the right sided box in section 1- I have no separate ref numbers for claimant or defendant - leave blank or N/A or re enter claim number? part 1: there’s a box on the far right below the claim number section. Do I enter anything into the ‘ I intend to enforce the judgement or order by execution …. … In the High Court and require this certificate for this purpose’. What purpose? Settlement of order ok? section 3 - is that for me to complete? County Court Claim Number - is that ‘The Claim’ number. I do not have a high court enforcement number? Does that follow? Do I leave it blank ? top right hand corner, 2nd line: To “?????’ Or ‘??????’ against ??? The breeder? section A - does bailiff add costs there or my costs ( Iv paid £75 for the HCEO - Just enter that?). section B - I’d that the interest only amount awarded by the court? Section C - Possession of …. What- the total amount entered there? Plus my £75? Now, section C address for service - is that the breeders address or the address I gave for service which is their argument for invalid initial service or the ‘correct address’ she claims it should have gone to. it’s always the forms that get me. -
OK, understood. dx explained get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform. CPR is a simple template letter asking for the evidence they are relying on in the court case. It's designed to get things like the Letter of Claim which you may have thrown away and also to embarrass them when they fail to provide legal permissions like Planning Permission that they've failed to obtain.
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By Coleman0123 · Posted
I have completed the AOS. What is a CPR and what is it for? I honestly cannot remember what they sent and have not kept any previous letters. -
Honeybee is spot on. Well done for writing to BP. Nothing ventured ... It was worth a try. Just ignore MET now unless you get a Letter of Claim.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
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We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Post in Some advice on buying a used car
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Post in Some advice on buying a used car
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Post in Some advice on buying a used car
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