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    • Update: This afternoon I got a letter from Drydens (on behalf of their client Erudio) that says: Please find enclosed, by way of service, a copy of Notice of Discontinuance sent to the Court under cover of our letter of today's date. The enclosed Notice of Discontinuance has - for all of this claim - ticked. I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim?  Should I celebrate? During my hearing, when adjourning the court date, the Judge ordered that no more evidence is to be handed in by either party. I assume that they did not think they would win, therefore filed for Discontinuance.  I'm just confused how this is in their favour as they will lose the money they spent so far.  What I'm also unclear about is - does this mean that they can submit another Claim with different evidence? Or once they Discontinued they can't sue me again for the same reason?  Let's see what their next move is. Can't thank you enough for all your help!  
    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
    • or an egg loan? as you say their paperwork only refers to an 11 digit number not a 16 digit on for a card? dx  
    • Thank you for explaining my options it makes me wonder whether they know all of this and thats why theyre being so cocky and evasive. I have one of their names so I'll try and find where they live but i was hoping to ' Force' their hand and go for a Particulars of claim letter and then wait till the 7th day of that when theyd have no more time to waist and they would cave in and refund ... They definitely have something to do with Techzone Buxton as he has given a review on his FB page ... Ill have to have a drive up to the address on Companies house page  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Small Claims Court - the Hearing Procedures


hicks86
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Hi guys,

 

I have a small claims court hearing next week - can someone explain to me/provide a document that explains the court hearing procedures? I have never been and a lot of the information on the internet can be overwhelming.

 

I want a rough idea what to expect in order to prepare my document and questions etc.

 

Thanks again

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Hi hicks

 

What's the hearing for?

 

Andy

We could do with some help from you.

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Hi andyorch

 

Basically cutting long story short we taking an estate agents to court for the return of our £950 bound after we had to move from the property in January as there was a nightclub behind there and was subjected to excessive noise till early morning, the property was misrepresented as they were aware of our specifications and we had also asked the question on the viewing.

 

What im hoping for is to find out the procedures in the small claims court. For example, reading out an opening statement, cross examination etc?

 

Any assitance would be most appreciated

 

Thanks

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Is it the the main trial or a CMC hearing or a Allocation hearing ?...what stage are you at.?

 

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 OTHER

 

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Ok so you have already submitted your bundle and prepared? Well the hearing will probably last 1-2 hours it will take place in a side room around a table or even in the DJ chambers.

You on one side of the table the defendant on the other and the dJ at the end of the table.No wigs or gowns just an informal meeting.

Present your case when asked by the DJ refer to him as Sir or Madam..be polite and if there is anything you are unsure of ask for an explanation.

 

There is no reading out of statements or cross examination hicks......not like TV and Crown Courts.:-)

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 OTHER

 

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When you say bundle you are referring to the evidence and witness statements? Yes that has been submitted two months ago.

 

Preparation, myself and my partner have been looking over the evidence and making points against it, gone through witness statements and have made points and questions.

 

By presenting the case would you suggest I note the key points of the case and then think about any questions that may be asked regarding this?

 

Very helpful information thankyou again

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Just prepare 3 copies of a Skeleton Argument..as you say the bullet points and references to anything you preempt may arise on your copy.

 

Regards

 

Andy

We could do with some help from you.

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You Judge and Defendant

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 OTHER

 

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