Hermes damaged my parcel 'beyond repair' and then disposed of it!

[bluemarineguy]

No, we finished mediation, then the mediator said that the next step was that she would update my claim and I could proceed to court from there, My claim is sat on the status given above and has no function for me to do anything more. I have emailed them and will call soon.

 

[AndyOrch]

Yes do so...your missing your Notice of Allocation n157.

[bluemarineguy]

Ok, I called them but the service will not allow me to speak to someone, it instead directs me back to the website. There were only three options, new claim, defendant, or claimant wanting to progress a claim, There were no other options. I obviously went with option 3, but it is just a recorded message telling me to log onto my online moneyclaim account. I guess I will have to wait for the response to my email.

[bluemarineguy]

After 3 emails over 6 months, a house and job move later,  Moneyclaim finally replied today.

 

My case has been forwarded to county court for CCJ decision, I asked them the date but they did not put that info in the reply?! 

I have now emailed the County Court and await their response. I will update this thread.

[BankFodder]

Thanks for the update.

Have you make sure that you have updated everybody has to your new address?

 

 

[bluemarineguy]

Hi,

 

Yes, in my email to the County Court, I provided all my contact details.

 

Hopefully will hear back soon.

 

 

[bluemarineguy]

Hi,

After emailing the court Sept 5th, have not heard a thing from them, it is now Oct 11th.

This afternoon however, have received the defendants 'Court bundle', basically the same 44page info submitted prior to mediation.

I assume this means the court contacted them at least. I guess I will need to email the court once again. 

[AndyOrch]

Appears they have had their N157 and followed the court directions by serving their bundle...and you have yet to receive yours and little time to prepare if they are on date with their disclosures ?

[bluemarineguy]

Yes exactly. 

[dx100uk]

scan up all they have sent to one mass pdf please

read upload carefully

 

dx

 

[bluemarineguy]

It will take a while to upload as the pdf is 44 pages and needs anonymising. Currently away on holiday with only a phone to edit it on also. 

[BankFodder]

Well somehow you are going to have to overcome all these difficulties because if you start missing deadlines or even the hearing, your case will be dismissed and the defendants might even ask for some costs.

I would suggest that in addition to anything else that you email the other side and you tell them that because of some core problem which you haven't identified yet you haven't been sent your N157 and so you have no idea as to what the court has ordered or to a hearing date and please will they let you have a copy of theirs.

If they are sensible professional then they will do this. Send a copy of the email to the court so the court knows what is happening and the fact that you have approach other side for information. If later on the other side does not help you and you end up losing your case as a result of this, then you will be in a better position to ask for set-aside of a judgement on the basis that the defendants had full knowledge of the problem and yet they went ahead in any event to get a judgement.

However you need to start emailing the court as hard as you can go. I think that I notice that even in May you realised you hadn't had an N157

[bluemarineguy]

Yes I had not had an N157 back in May but Moneyclaim, who didn't answer any of my messages (I sent five) until September, had not forwarded my case to the court until then. I then emailed the court, on Sept 6th, the auto reply stated a ten day turnaround but that email has had no response either. 

I am keen to get back from holiday now, to see if they have sent a letter at least. 

If it comes to that, I will take your suggestion and contact the defendant.

[BankFodder]

Contact the defendant anyway. There's nothing to lose – there's no shame. Do it now.

Then do it again next week if you've not heard back from them

[bluemarineguy]

Ok, done. 

[bluemarineguy]

Well good thing I took your advice BF, P2G rep replied to me with the court documents this morning, the deadline for submission of documents to the court is 4pm today! 

The letter the court has sent is however confusing. Despite me being referred to them by moneyclaim, the court has decided that my case should be heard by mediation.... this also despite my email on Sept 5th stating that mediation had failed (though they never responded to my email).

The mediation service recommended is the small claims mediation service, which I believe is exactly the service we already used?! 

I am on the phone to them now, its been 1hr 10 minutes so far and it just rings and rings with no answer. I will also email but they never responded to my last email, so I dont hold out much hope. 

[AndyOrch]

Forget mediation...I would crack on with your statement and disclosures and get them away by 4.00pm.

[bluemarineguy]

I dont have anyway to do that Andy, I am on holiday in Wales, only found out about the deadline from the defendant today.

 

The letter indicates posting or physically delivering documents, not emailing, do you think I should email them anyway? 

 

I called the court, the phone rang for exactly 2hrs then it cut me off, I am guessing automatically.

 

I sent the court an email with my updated address on Sept 5th, they never replied and I feel didn't action the address change, so my paperwork no doubt went to my old address. 

 

So far between moneyclaim and the court, this process is a shambles and shameful to our legal system honestly.

[BankFodder]

Send by email and by post special next day delivery. Refer to the email in the post and referred to the post in the email

[bluemarineguy]

To my great surprise, the court responded to my email yesterday.

They didn't answer a single question in my email but have informed me that my case is with the 'listing team'. It would really help if they would not assume that everyone knows what a listing team is, or what they do, I can only guess they issue court dates? 

 

This process is a real eye opener, its been hard for me to understand all the legal jargon, it must be impossible for many. 

[bluemarineguy]

Court emailed me today, they have actioned my change of address, they have acknowledged receipt of my paperwork and acknowledged that my case is proceeding to court.

[hakawaka92]

any update as yet? good luck with it

[honeybee13]

Thread reopened.

 

HB

[BankFodder]

I think we would rather like an update to this case please.

Also, looking through it I notice that we haven't seen the uploaded version of the particulars of claim.

This needs to be uploaded in PDF format – redacted

[bluemarineguy]

Hi, update time!

 

The courts are very slow to respond and so this update has taken a long time.

 

I have a court date set in mid May, I had to message the court twice to get this date each time they require 15 days to respond.

 

As the time to get to this point has been so prohibitively long, I have moved a long way from the court hearing, The court is a nightmare to deal with honestly so I have not yet asked if I can move the hearing (if this is even possible).

 

With the hearing being a good 3 hour drive away in each direction and that I am paid by the hour, the loss of earnings plus expenses is hard to bear and has not formed part of my claim (I am unsure if I can now add it) as at the time the claim was put in, it was my local court.

 

P2G has made an out of court settlement 'without prejudice' which I understand to mean its full and final with no recourse to chase them later? The settlement was less than a third of the claim so I have rejected it on that basis.  They then increased it by a paltry sum of £25, I have not responded and they have chased me for a response.

 

I am looking for guidance I think here, if I cannot claim lost earnings, then they will wipe out half of what I stand to gain IF I win the day in court. I am open to opinions and suggestions ,I am being a little vague on detail to try and preserve anonymity.