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    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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whatever happens knowhow cover


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Got a response

 

 

Defence filed - no to mediation

You need to complete the attached Directions Questionnaire N180 before 4pm on 18/06/2018.

Email your completed N180 form to both [email protected] and to each other

Section A & B is for Mediation so I don't need to fill out

 

Section C

Track

Do you agree that the small claims track is the appropriate track for this case?

Yes

 

 

Section D

About the Hearing

Hearing Venue: Where do I get a list of venues or can I just put the town? E.G Birmingham

 

 

Expert Evidence

Are you asking for the court’s permission to use the written evidence of an expert?

Witnesses

How many witnesses, including yourself, will give evidence on your behalf at the hearing

Hearing

Are there any days within the next six months when you, an expert or a witness will not be able to attend court for the hearing?

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D - my local court

 

expert - no

one

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Copy to the defendant also ?

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Did you agree to mediation or not?

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I think that was the right thing to do. The usual pattern with these things is that they simply try to use the opportunity to beat you down and to sacrifice your rights.

 

At some point the case will be allocated and you will be required to pay a hearing fee if you want to continue. If you win you will get that back. Don't forget there is always a chance that you could lose – but I think you've got a pretty good case – but it's your call

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Yes of course – but in fact we have already set them out for you at post 93 and post 97.

 

Also I notice at some point he said that you would be out to make a call familiarisation visit. You seem to be rather nervous – and I think you should have another look at your time and re-prioritise. You will find it extremely helpful

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  • 1 month later...

update - phoned the courts today to ask for an update. They said my case was referred to the judge last week & on Friday the judge made what ever decision & pasted it to the writers to send out a letter to me. what does this mean, has the judge made a decision without calling us to court or will I still be asked to attend court?

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No its proceeding to allocation of the claim...Notice of Allocation with directions next.

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  • 3 weeks later...

Got Notice of Allocation to the Small Claims Track (Hearing)

Court Trial Fee £25

To be paid by 1st Oct

The hearing will take place 1st Nov

The title of the defendant to be amended to DSG Retail Ltd re-service dispensed with

The claim is allocated to small claims track and the parties are referred to Part 27 of the civil procedure rules and the practices direction of that for guidance on how the hearing of the claim will be conducted.

Judges directions for preparation for the hearing.

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

The original documents must be brought to the hearing.

The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.

The document to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

It goes on about witnesses etc but I wont go into that there are no witnesses in my case just me.

 

Now my questions are:

 

£25 - this the fee for the hearing, say for example I lose the case how much could I end up paying?

How do I pay this, ring the court & pay it over the phone?

 

It states the title of the defendant to be changed so is that in my favour as I claimed against PCWorld which is a subsidiary name of DSG Retail ltd?

 

Regarding the judges directions about documents.

 

The only documents I was going to take was going to be my whatever happens policies for the two Nexus tablets.

They claim this was the 6th claim I had made against this tablet but infact it was only the 3rd.

The other 3 was against the older model nexus 7 tablet.

 

This was one of my stronger points against there claim trying to make look like a prolific offender .

I was going to produce both policies to the judge.

 

Should I take all my policies as I had 6 policies in total, three have now ended, I still have 3 policies currently active.

1st ended policy was for a laptop I had up until Dec 2017 for 3 years never claimed once.

The other ended policy was for the older Nexus 7 tablet, 3 claims.

 

3rd policy was for the claim tablet nexus 2 tablet which they have now ended since they refused to repair it.

3 active policies for Samsung tab 2's, never claimed on any as yet.

 

I need to send copies of these policies to the court & the defendant?

I don't have any other documentation as I always got rid of it after the repairs.

 

Other points I want to make at the hearing.

In any event, the know-how agreement is a periodic agreement based on a month by month rolling basis.

The defendant was happy to keep on providing the monthly cover and happy to receive the premiums despite the fact that there had been previous know-how policies and which have been claimed upon.

 

I had the insurance cover and it is clear that it is intended for "mishaps" the fact that the defendants are even trying to avoid using this word in their defence suggest that they are trying to avoid their responsibility the defence have pointed out that I have had a number of claims over the years.

 

However, they have not told the court that these claims relate to completely different policies and that in fact I have held a number of policies over the years.

The defendants are not bound to continue the insurance cover.

 

It is on a rolling monthly contract and if they had decided that i were too much of a risk, they could have terminated the arrangement with one months notice.

They chose not to.

 

These are some of their statements to try sell the knowhow policy

* Protection against mishap - we don’t expect you to wrap your product in cotton wool. If your product suffers a mishap, we’ll fix it.

Unlimited repairs - there’s no limit to the amount of repairs you can have, we’ll always be there to help.

Edited by dx100uk
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During September we will help you prepare a skeleton argument which will set out all of these points and will help the judge understand the issues very clearly

because the claim has been allocated to the small claims track your liabilities extend only to the fees you have paid for the claim and for the hearing and also the reasonable cost of travel of the other side

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We could do with some help from you.

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  • 3 weeks later...
During September we will help you prepare a skeleton argument which will set out all of these points and will help the judge understand the issues very clearly

because the claim has been allocated to the small claims track your liabilities extend only to the fees you have paid for the claim and for the hearing and also the reasonable cost of travel of the other side

 

Thanks Bank fodder, so £25 is reasonable, I though it was going to be over £100.

Will you prepare a skeleton argument for me this month?

I want to claim the £250 off them now, after all this time they trying to fob me off..

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I'm a bit out of touch with this thread but scanning through it I don't see that you have posted up the defence at all.

 

Please would you post up the defence in PDF format and then we will sort out a skeleton argument

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Find your way to MoneyClaim online and open an account there. It's free.

 

 

check to see if the facts above are correct and if anything has been left out. You should then value your claim at £250 and the fee that you pay will be the fee for that value.

 

" In XXX date 2016, the claimant purchased a "Know-How" policy number XXX in respect of a Samsung XXX model tablet computer from the defendant at £4.50 per month

The policy cover includes breakdowns, breakages and "mishaps".

The claimant's six year old daughter left the tablet on the side of a bath and it fell into the water and stopped working.

The defendants refused to honour their contractual obligation to repair or replace the tablet which was damaged as a result of this mishap.

This claim is for the value of a replacement article as per the defendants KnowHow policy not exceeding £250."

On the MoneyClaim website you will be able to start this claim and you will be able to enter the wording above and then save it as a draft so that you can then issue it when you feel that you are ready. The cost of the claim will automatically be added to the total your claim.

 

There is a character limit on the MoneyClaim site. You may have to do tinker with the wording I suggested if it exceeds the limit

 

I would assume its the above BF

We could do with some help from you.

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Thanks, but that is the claim form. I don't think we have seen the defence

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Thanks. I had seen it but didn't realise that it was their formal defence

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