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thread title updated. you are not filing a defence you are filing a statement is opposition to the N244 set aside. when did you last successfully defer please? if you have never deferred since sale to erudios in 2013 the debt is statute barred, bar their fake/late dn sent i bet in 2016? and what defence did you originally file please. ideally we need the FULL n244 inc scanned up to one mass pdf, (we dont need statements) read our upload guide carefully please dx -
By Sarahswoes · Posted
Thanks for the welcome honeybee! Grateful to have found this place! Just busy reading other excellent threads! -
By honeybee13 · Posted
Hello, welcome to CAG. I expect people will be along later to advise you. Weekends are always quieter here so please bear with us until they're able to get here. HB -
By Sarahswoes · Posted
Hope I'm posting in the correct forum. I am confused about procedure regarding going to civil court next week. The claimant (Erudio/Drydens) responded to my defence but I did not realise that I have to respond back. I'd be grateful if you could answer: Was I supposed to send them my updated defence and when? If I ask the court to do it now,, if they agree, can I just send it to the court or must I also send it to Drydens? I spoke to the court helpline and the lady said I can submit evidence even if it's a bit late (to go with my defence) so I've done that - I emailed it only to the court. I'm wondering if I need to submit this evidence to Drydens as well? THis is the situation; I have a civil court case with Erudio/Drydens regarding a pre-1998 student loan. The amount is "£2500. I did not defer as I didn't get the forms. My argument was that they mismanaged my account as they did not send me annual statements (I have proof - 2018 remediation pack) I believe the same happened with the forms. I was eligible to defer and only three years away from 50 so no reason not to. I have not moved. I've submitted my defence in July 2019 after which the case was stayed. But as I failed to communicate with them to settle the matter (I didn't know I had to reply to their offers to settle as I did not think what they were offering was fair) they have filed an Application in Sept 2023 to lift the stay a week ago I received a pack in the post with the court date which is next week. The package arrived 6 working days before the hearing, not seven as it says in the rules. Drydens then sent me the same package in the post four working days before the hearing with a letter saying they are waiting for the Order to be lifted. I'm worried now that they will not allow it to go to trial as Drydens claim that I have not submitted sufficient evidence. They although produced the copy of the deferment letters which they claim they sent. I didn't realise that I can amend my defence based on their reply to my defence. I thought the court was again going to send me a form to do that, like they did the first time. I'm clueless and have no money for a legal representation as I'm not working at the moment. Any help would be much appreciated! -
Is elphicke still with labour or has she jumped into the frankly far more apt 'reformatory yet? Sure that her move is just intended to destabilise Sunack for the poopy right I hear rumors Boris and Doris have tested the water through proxies - not sure if its true - and they probably happy to (are?) chance-it with all/any
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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.
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OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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