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    • Checking hi-tech with low tech - Wales leading the way Growing Mid Wales, an organisation set up to bring together the private and public sectors alongside the Welsh Government, has launched a mobile mapping project to track areas of poor mobile phone signal Powys and Ceredigion. They will be using bin lorries which have signal detection equipment installed, and thus able to create a comprehensive map of mobile 'not-spots' in the area, since those vehicles will be visiting just about every property in the area on their usual rounds. Just a moment... WWW.THINKBROADBAND.COM  
    • Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
    • Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
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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.

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      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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Are these CCA's enforceable


shirei12
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Absolutely Shirei not that it will need much of a defence.

 

Regards

 

Andy

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I have had a reply to the CPR 31.14. today. All they have done is forward the request to HFC and put the account on hold. How on earth can they put this on hold if it is with the courts???

quote:" These documents should be with you as soon as possible" I know from experience how long HFC take to respond (if at all).

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Keep a copy of that response would be nice to attach it to your AQ:oops:

We could do with some help from you.

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Hi Shirei

 

No 33 days in total 5 deemed served so that leaves 28.Fourteen to to AoS and a further to fourteen to submit said defence.Check your dates!!!!!

 

 

Regards

 

Andy

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I make it 31st August but a quick phone call will confirm Shirei.

 

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Andy

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Lets leave it till Friday (27th) Shirei, ill post you a short draft before then to peruse

 

Regards

 

Andy

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Whats the value of this claim Shirei and which proposed track?

 

 

Andy

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I did some thread trawling and found this short defence by foolishgirl:

 

1. I, xxxx of xxxxx make this statement as my defence to the claim brought by xxxxxxxx

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information via CPR 31.14 dated xx/xx/xxxx sent by recorded delivery none has been forthcoming and as a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of Truth

 

I believe the above statement to be true and factual

Signed

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Yes thats fine Shirei dont forget to print your receipt MCOL

 

Regards

 

Andy

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Yes you dont have time to go through all that rigmarole and CPR is very restricted to SCT cases anyway, as i have stated in another thread they prob wont agree anyway or mislead you and you end up missing your defence date.Submit it and relax and have a good weekend.

 

Regards

 

Andy

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  • 2 weeks later...

I have today received communication from Sols. They have received defence from court and their client does not accept such and they state they have written to court to request transfer to our local court and proceed as a defended matter.

They have noted contents of defence and requested the evidence which will form the basis of their case (ie what I requested in CPR 31 I4 presume) They will forward this in due course and they do not anticipate it will take longer than 7 days from date of letter.

Their client is also prepared to accept any settlement offer or suitable monthly instalment arrangement.

Edited by shirei12
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Hi Shirei

 

 

Whats the bump for why sad:sad:

 

 

Andy

We could do with some help from you.

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