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    • This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks. We would like to see please – the claim form in PDF format. The defence – in PDF format. Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format. We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of. I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems. I'm sorry to say that the impression the moment is that you aren't really very interested. If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread. I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do. It is not just a piece of social media. I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up. Thank you
    • So after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars   Any help would be appreciated  DDEFENCR  1) aa claim for money , the burden of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant  Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed. The Claimants particulars of case  Does not give sufficient information to enable me to properly assess and defend the claim. 2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply.  3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served on the Defendant And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form  A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply  4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply 5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence      
    • who did you put as the claimant? was it Parcel22Go.com we'll need theirs and your full WS too if they've been filed yet?
    • Hi everyone, I have a court hearing date scheduled for June regarding this case. The service in question is Evri International, which I booked through Interparcel. However, I am aiming to hold Parcel2Go.com (P2G) liable because they operated the Evri International service. The Evri International website, which is operated by Parcel2go.com Limited (with company number 02591405) under the Evri brand. Given that my booking was made through Interparcel and not directly with P2G, am I still in a position to take Parcel2Go to court? Any advice or insights would be greatly appreciated. Thank you!
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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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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Lord Justice Briggs...Civil Courts Structure Review. Response from Money Advice Trust.


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At present, High Court Enforcement agents are only able to enforce judgments if they relate to non consumer credit debts and have a value of over £600.

 

Judgements relating to consumer credit debts (typically, a debt relating to a bank loan, credit card debt, catalogue debt or any other finance agreement) may only be enforced by a County Court Bailiff. The High Court Enforcement industry has campaigned for many years for the law to be changed to allow them to enforce judgments in relation to 'consumer credit debts'.

 

Earlier this year, the High Court Enforcement industry had their hopes raised that the law will be changed with the release of the Ministry of Justice's Civil Courts Structure Review that was chaired by Lord Justice Briggs. In the review, Justice Briggs stated that County Court enforcement is presently:

 

“heavily localised, paper based, prone to error in form filling, and widely perceived to be slow, ineffective and expensive”

 

A public Consultation was issued (now closed) and in the next few weeks a final report is due to be published.

 

Today the Money Advice Trust issued the following release:

 

http://www.moneyadvicetrustblog.org/2016/07/22/no-enforced-changes-some-thoughts-on-the-lord-justice-briggs-review/

 

A copy of their response to the Consultation is below:

 

http://www.moneyadvicetrust.org/SiteCollectionDocuments/Policy%20consultation%20responses/Unilateral%20responses/Money%20Advice%20Trust%20response%20to%20the%20Civil%20Courts%20Structure%20Review%20Interim%20Report%20consultation%20paper.pdf

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Is this the final report from the thread I started way back in January? >> http://www.consumeractiongroup.co.uk/forum/showthread.php?459211-Are-EA-S-trying-to-get-into-the-HCEO-market

 

If so you could have added it there for history purposes?

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It's fine we all have our own filing system I too had failed to look for an update... but then again I wasn't looking for it just yet as I thought it would take longer...

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It is widely known the the County Court Bailiff system is archaic and inefficient, so much so that many volume judgment claimants do not waste their time with it. It is also likely that their ineffectiveness for the creditor is why they generate fewer complaints.

 

It is only right that creditors have a choice of enforcement power.

 

However, it is fully accepted that should this work become available the a number of things will need to be looked at and addressed. The main one is that the current level of fees for HCE cases would need to be reduced.

 

I would also like to see a simpler process for debtors to stay proceedings for the right reasons.

 

Whilst LJ Briggs report is being delivered this month, I do fear that any changes, whatever they may be, will be a long time coming.

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However, it is fully accepted that should this work become available the a number of things will need to be looked at and addressed. The main one is that the current level of fees for HCE cases would need to be reduced.

 

I would also like to see a simpler process for debtors to stay proceedings for the right reasons.

 

I couldn't agree with you more.

 

I don't have the County Court fee scale to hand, but contrary to popular belief, it is quite steep. Fortunately, it was not one of the fees that was subject to change in the surprise new regs last week.

 

I would assume that County Court bailiffs will fiercely oppose any changes to their work.

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I would assume that County Court bailiffs will fiercely oppose any changes to their work.

 

 

They should be more worried about losing their jobs rather than any work as could see an opportunity for refining the system and thus making cost savings.

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Whilst LJ Briggs report is being delivered this month, I do fear that any changes, whatever they may be, will be a long time coming.

 

The long awaited report from Lord Justice Briggs has been released today. The following link is to the website of the Law Society Gazette. They have provided a link to the long report (300 pages) and a short analysis.

 

http://www.lawgazette.co.uk/law/briggs-online-court-needs-minimal-assistance-from-lawyers/5056850.article

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It's certainly an interesting read. Here is the link to the full review final report - Briggs LJ - Final Report on Civil Justice Reform

 

Section 10 relates to Enforcement and whilst he covers it well and appears to have a good understanding of the issues raised by all sides it ultimately ends with him requesting a 'bespoke review' into it when time and funds allow.

 

As per my previous post, my guess is that there will be little change for a long time to come!

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