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    • Judgement can be requested...you can only get a default Judgment if there has been no acknowledgment of service. CPR 16(5) is with regards to the contents of a defence a response...no connection to what defines a default judgment. Andy
    • You are lucky because you are in London and there is a centralised and accessible appeals centre which also puts searchable results on its website. I've used them several times. Always turning up in person and was ruled in favour every time.  The link to the tribunal is https://www.londontribunals.gov.uk/eat First port of call is the local authority appeals process. I only had one from Islington, regarding a skip (not mine) blocking a space but they wanted me to pay for the meter it was parked on. Illogical, I know.  I found that the case you make to the council does not have to be the same as that made to the tribunal. The local authority almost never turns up on the day even if you have chosen to attend. Wear a suit and call the lawyer Sir or Ma'am.  As regards case preparation. The tribunal publishes results and summaries online. Have a read through and you may find cases that apply to your circumstances. The procedure is pretty well explained.  The adjudicators are often helpful. For example, I turned up with a folder of evidence about a bus lane. But the adjudicator spotted that there had been one failed delivery to keeper. Apparently the authority was not allowed a second attempt before proceeding to enforcement. But they did so, and the case was dismissed in thirty seconds.  Double check the council response. On one of mine Harrow put the wrong date and wrong location video for a bus lane. In another Kensington withdrew at the last minute because the parking wardens had been at lunch and didn't suspend a bay until after I parked. I made them pay £170 for my trouble.  On that last thing. You almost never get awarded costs even if it is uncontested or the council is wrong. But you have seven days to apply to the tribunal. (Check that in case it has changed)   
    • Ok so as per my initial letter date their 8 weeks finishes on Tuesday. With Monday being a bank holiday they won't be able to reply in time. So I need to do my prep work to submit the FCA case. Is this pretty straight forward? Could you direct me to a thread on here that has some guidance on how to submit a FCA claim?    Thank you in advance.    p.s Are you sure I shouldn't do a Small claims case under BCOBS as they owe me close to 7k and FCA can take ages. I have the emails that say they will treat this like a Consumer loan and not B2B so am quite confident. 
    • Probably. Can you post one onto your thread please, so we can have a quick look? Cover up your name, address and any reference number. HB
    • Thank you. I will take a look later . Have you got a picture of the doorstep or where it was left? So I suggest that you try to find the weather forecast the weather conditions for that day.  Get a screenshot shows you the entire day and particularly the weather conditions at the time of delivery  
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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liberty vs barclays


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can you help me i have been given notice of allocation to the small claims track [hearing], it states that i do not have to be present on the court date as long as i notify them 7 days beforehand. would it affect the outcome if i do this i am pretty nervous to say the least about going to court and so if i do not have to all the better

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Basically, the chances of you having to appear in court is virtually zero. Barclays will almost certainly settle in full prior to the hearing.

 

However, in the unlikely event that they dont settle, then I would advise that you attend the hearing.

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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Guest ian cognito

I second that from what I've read on here few people see the inside of the court!

 

However, if it helps I took AirFrance to teh small claims court and it wasn't scary at all, they are most helpful and encourage settlement before you go into the courtroom so it's just a case of agreeing that you agree (if you know what I mean). Going to court against the north wales police - now thats scary!!! (only because they mistakenly said I had no driving licence I hasten to add)

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