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    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help required Taking Parcel2Go to small claims


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You serve a copy on the defendants solicitor...not defendant

We could do with some help from you.

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This is the Claims senior supervisor

 

Well to whoever drafted and signed that witness statement....you should also note that they may not legally be allowed to submit a statement on behalf of the defendant...having failed in the first paragraph to declare under what capacity they are acting..or legally allowed to act.

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Not in the copy you uploaded...it states that at the end in the statement of truth.

 

 

1. At all material times the defendant was a company........

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Refreshed eyes.....yes they have included at 1 in the second " Proof of Evidence " statement...in which they refer to an application.

 

Have you actually been served with an N244 Application Notice ?

 

Has an application actually been made..you need to check with the court ?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

Andy

We could do with some help from you.

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  • 2 weeks later...
  • 4 weeks later...

I've Received a N157 Notice of Allocation to the small claim Track with a hearing date set in November. Anybody advice i would really grateful on how to submit my case.

My case is:

I instructed P2G to pick up and deliver a very heavy 33kg Subwoofer speaker to my address without taking their extra insurance.

It was delivered a couple of days later very badly damaged with broken corners and a grill that was recessed into the unit.

I'm taking them to SCC under section 54 of the consumers rights act 2015 holding them of negligence and in breach of contract by not performing reasonable care and skill in delivering this item.

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So nothing materialised with their application ?

 

Okay N180....

 

Yes to mediation...allows them to settle the claim before proceeding further and further costs to you.

Yes to Small Claims Track

State your local County Court.

1 Witness .....you

1 hour

 

The rest is self explanatory tick boxes.

 

Run 3 copies...Court /Defendants Sols/File

 

Use the following and complete it on screen...looks far more professional.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

We could do with some help from you.

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No...simply advised you how to submit the n180.

 

You have submitted your claim.....anything further you wish to add will come later in the process..after allocation (n180) Witness statement.

We could do with some help from you.

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I’m trying to prove neglgence due to the weight and heavy damage it sustained during transit

Any advice ?

 

Read up on res ipsa loquitur.

 

However breach of contract is perfectly adequate and is the preferred route here

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I’ve previously completed the N180 form and have now relieved a N157 form which is titled

Notice of allocation to a small claims court (Hearing).

 

I have a hearing date set for early November

 

Ah okay so now you must comply with the court directions by the dates stated within the N157.

We could do with some help from you.

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  • 2 weeks later...

Can anybody help, assist or recommend me how to prepare a case on breach of contract due to negligence and P2G not providing a duty of care. I have provided photographs on the damaged speaker to see the extent of damage

Parcel2Go.pdf

 

Is anybody interested in this or should I consider that it's not worth pursuing

Thanks

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Simply run with the defendants statement and respond accordingly and refute their points...your statement is simply a particularised version of your particulars.You dont need to prepare a statement on breach of contract and negligence...your evidence speaks for itself in support of your claim.

We could do with some help from you.

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Just popping in and out again.

 

 

It is my understanding that even if you did take out extra cover, they wouldn't pay out as they then claim the items were on the naughty list of things they won't carry.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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