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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Auxillis Car Hire Costs Court Claim-


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Thanks for the responses. Well in your situation the period where they ask your availability in the next six months as now well and truly passed, so surely they'd need to check again with you availability?

 

Ive co-operated promptly through every step, but it still annoyingly frustrates me knowing it isnt resolved yet.

 

I too havent found anybody on a forum where it has actually gone to court hearing so thats quite promising and ive also been told likewise that its rare these do go to court. My case is for around 1k if i remember correctly. Third party has admitted liability and the repair costs have been paid but its the hire charge thats still being dragged out sadly :(. My incident was a year ago.

 

Its such a faff!! 

 

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  • 4 weeks later...

Hi Jack, thanks for updating us all.

 

Im shocked you only received your hearing date 2 working days in advance. However im glad that this hassle is now over for you. Its surprising that it wasnt Principia that updated you of the settlement, or have they also confirmed the settlement too?

 

I also dont seem to receive any confirmation responses that theyve received things ive sent, i think they only bother looking at the case again (and any new emails) whenever the other side have responded/court updates. Thats the impression i get. 

 

Theyve asked for a copy of my driving license 4 times throughout this year and each time i forward the email that contained copies from the first time i sent it over. Even after a phonecall about this and after them confirming to me theyve put it on the file they still have asked me for it over email again and again - must be whenever a new person is picking up the case as it goes through the different stages perhaps...

 

Anyways thanks again! I wonder why they always seem to leave it until the very last moment to settle, hmm!! 

 

@unclebulgaria67 from your experiences/knowledge do you know of any/many of these actually getting to the court date at all or do all/most settle at the last moment like it seems? 

 

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  • 4 months later...

Thought id update where my situation is up to. In October 2020 i received notice of the court hearing date, which is this Wednesday 24th Feb so this gave me plenty of notice. Sadly other side keeps rejecting offers...

 

So far everything is set to go ahead (and in person which im not best pleased at given the current lockdown). I believe video/telephone hearings are happening where possible and should be available option for cases like mine but nope not heard anything telling me its been changed to video/telephone.

 

I'll update here when this dragged out frustration is finally over.

 

 

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Mini Update - Had a call with the Barrister this evening, its still going ahead tomorrow and will be in person (crazy!)...

 

While its annoying im being dragged out of the house in the middle of the pandemic, I will be very very happy once this isnt lingering over me anymore.

 

I'll pop an update tomorrow in this thread with how the hearing goes...

 

Cheers

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Hi all,

 

So my case did indeed go to hearing in person and the hearing lasted an hour including a decision.

 

A large majority of the costs were recovered and this is now all over for me at long last. The remaining costs im told will just be written off.

 

I was asked a few questions directly which id already mentioned in my statement of truth but other than that my involvement in the hearing was minimal and the hearing was not as formal as id anticipated.

 

I can finally stop worrying about dealing with this, its stressed me out so much but i think thats due to how long this has been dragged out for.

 

So in total, 17 months from incident to case closure.

 

Cheers

 

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Had a non fault accident, insurance company told me about auxillis so went with that option to avoid claiming on insurance...

 

Repair cost was paid for no problems by other insurer, and otherside admitted fault.

 

Hire costs of just over 1k has been disputed for a lengthy amount of time, as i say nearly 18 months from incident to case closure...

 

Auxillis passed the case to their solicitors, who ive dealth with every step of the way who have tried to settle but no luck..

 

Had to supply copies of documents, including bank statements, do a statement of truth yet all of this still led to court hearing, to which i had to attend to avoid being liable for the hire charges (as per credit hire agreement with Auxillis)

 

Overall the main thing i want people to know is that these cases do in fact go to court, and even occuring in person during the ongoing pandemic.

 

Ive nothing more to add as i never want to hear, think or read about the hire company ever again. It has brought me a lot of stress.

 

Thanks

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