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    • i'd be sending them an sar get all the details and see if his bank has proof of BT cancelling the DD too. then p'haps we can make a complaint......   £800/12 is about £67pcm - thats an expensive deal if this is for BB only and not phone as well & at what speed - i'd expect >70MPS for that deal...was it.?   the issue here is if it is for phone as well BT won't release the line till the debt is cleared if he wanted & should switch - to say vodafone at <£30PCM for the same deal.
    • Am I able to upload it like the earlier ones today? It seems to be easiest way for me to do it on my fone 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Claimant has failed to submit / exchange witness statements


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I wonder if anyone can give me some advice.

 

I am defending a claim against a previous employer and the court date is scheduled for early September. They had until yesterday (24 August 2011) to submit / exchange their witness statements for which they have failed to do.

 

What happens next......

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Hi Missmoore and welcome to Cag

 

Have they failed to submit it to Court or just to you? have you submitted yours and sent them a copy?

I would allow a few days or even a week then contact the court with regards to them failing to comply with Court Directions.

 

Regards

 

Andy

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Hi,

 

They failed to submit them to the court and to me. I have provided the courts and previous employer copies of the witness statements, so i'm not too impressed as they now have the opportunity to re-write their statements having read mine :(

 

The court date is less than two weeks away, so want to know as much as possible as to what i can do, say at the hearing or even get it struck off if possible.

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I always advise for that very reason never exchange until you have received theirs.Make sure the Court gets theirs on time but as you state they now have the heads up.Take a look at your Notice of Allocation and directions if it states that penalty for not complying with the dates may result in the Court striking out then consider that option in a few more days.

 

Best of luck

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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The letter says the following:

a) Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

b) The Judge may refuse to consider a document or take into account if a copy of it has not been sent to all parties.

c) Both parties shall, no later than 14 days before the hearing serve on each other the witness statements of themselves and all witnesses on whom they intend to rely.

I did not send them their copy of the witness statements until the last day as i didn't want to be the one to fail the courts directions.

 

Because they have not submitted the witness statements to the court on time can i ask the Judge to strike off or refuse the statements? or can i amend mine (as could of done a better job as kind of got confused)

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There will be a note in the Notes: section.

 

. If you do not comply with these directions, any other party to the claim will be entitled to apply to the court for an order that your statement of case (claim or defence) be struck out.

 

So as stated wait a few more days, check with the court and if still not submitted or received by yourself then you have the option to make application to strike out their claim.Alternatively you could make application to amend or resubmit a further WS.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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