EVRi (evri) Stolen sold MacBook court claim issued

[BankFodder]

In fact I see that this is been going on for a long time.

I think it's important that you post up your witness statement before you send it off as our ideas have moved on a bit and there are probably some important modifications to make.

Also have you included the copies of the three judgements that we have here in your bundle?

We don't need the whole bundle. They witness statement and the your index page should be sufficient for the moment.

[IMPOS5IBLE]

Here is my first 4 pages

Final Court Bundle 1-4.pdf

[BankFodder]

The witness statement is excellent. In fact it contains all the modifications that I intended to make – is this  something I did for you already or did you find it somewhere else on the forum please? Can you give us a link. I probably did it already somewhere and forgot

Also, when it comes to the hearing, to make sure that you are totally in control of the section 57 and section 72 arguments. Your case turns on these sections.

Also make sure that you insist that it is an insurance policy – whatever the other side tried to say about it. It is "insurance" although insurance or not, it is still a section 72 secondary contract – which is the important thing.

[IMPOS5IBLE]

If the modifications you are referring to are about adding the new case, that was me but the I found the whole skeleton argument here: 

I really appreciate the advice and will keep reading my bundle the next two weeks. If everything is okay now I'll get the document sent to Parcel2Go and the court.

[BankFodder]

Blimey, and I think I only made these amendments yesterday. And I forgot already!

I think the only thing that might be missing from your index sheet is a copy of their terms and conditions where they make it clear that without the insurance, your compensation will be limited to £20.

You don't need to put the whole contract – but if you can get hold of that page or screenshot and insert that recently early on in your list of documents.

I think the only suggestion I have to make is that you should put the full name of the case at the top of the first document. You only have your name and the case number.

This is more than adequate to identify the claim – but still I think it would look better – and the name of the court

[IMPOS5IBLE]

Hi All,

Just had an email from parcel2go and they’re looking to settle, they’ve offered £312, which includes the trial fee.

What would be your advice?

 

[dx100uk]

if its your total court claim sum sounds good..

 

dx

 

[BankFodder]

Did you claim interest? And does their offer include interest?

[IMPOS5IBLE]

I did not claim interest unfortunately, their offer is just based on my original MoneyClaim + trial fee

[BankFodder]

You must not give up a single penny – and also if they tried to introduce a confidentiality clause into the offer – refuse. It is not part of the claim and if they bring that in then if they want extra then they must pay extra.
Keep us updated on this please

[dx100uk]

why are all these recent threads where people issue a court claim NOT claiming s69 court interest...have we a mistake in our advice/threads/forms... this is the 4th one of recent....

[IMPOS5IBLE]

£312 is the full amount that would cover my item plus the fees, is it appropriate to negotiate this with them?

There is not a confidentiality clause however they do say something along the lines of them settling is not an admittance of liability for the claim.

 

[BankFodder]

The maximum amount that you can negotiate for is the full amount stated in your claim including all costs – claim fee, hearing fee.
It's a shame that you didn't claim interest – was there any reason for this?

Their no admission of liability is standard and totally irrelevant.

[IMPOS5IBLE]

Ah okay, in that case I may just accept the settlement and let the court now.

The main reason I hadn't claimed interest was because of religion, however after 2 years of this case and much research I found in this matter it would be fine to claim. But no regrets, the whole process has taught me a lot.

Also as there is no confidentiality clause, would it be helpful if I posted the settlement email?

[BankFodder]

Get the money first – then post up would have you want.

We have had a number of people who have felt restricted by religious principles from claiming interest. Sometimes those people have been prepared to claim interest and to give it to us by way of a donation.
As you're probably aware, we don't charge anybody anything. We don't get paid – we are all volunteers and we simply rely on the goodwill of the people we help.

In anticipation – well done on your success. What a nuisance these people articles you so much difficulty.

I hope at the very least that you have learnt enough to be able to embark on immediate action whenever these kind of people get in your way future. And of course we are always here to help you – don't forget