Parcel2Go – Parcel left unattended/ Small claims made/ Goodwill gesture made.

[Oscard]

Thanks again BankFodder - will update my documents this w/end and should be ready to send once I've indexed everything as recommended.

[BankFodder]

post the skeleton argument here first

[Oscard]

Hi BankFodder,

 

My Skeleton argument. I've included the judgement by Deputy District Judge Le Bas.

 

One question under ''List of Reasons of Why the Defendant’s Insurance Requirements Are Unfair'' (point 26) - what should I include here?

Thanks again.

EVRI SKELETON PDF.pdf

[BankFodder]

Quote

 the rights conferred by the Consumer Rights Act are "rights" and therefore do not need to be bought or paid for in any way. They cannot be separated from the contract but in fact what the courier companies are trying to do is that they are trying to give you an option of purchasing the delivery service without your rights and then for some extra money they are offering to provide your rights.

 

This is specifically prohibited by the Act

 

[BankFodder]

Also include the points in this post below but not point ten

 

 

 

 

[Oscard]

Super  thank you.

[Oscard]

Hi All,

 

Court date set for December the 6th!!!

 

I'll be getting my Matlock suit ready to go then.

[AndyOrch]

So you have filed and exchanged witness statements and evidence by date ?  Please post a copy here (redacted) of your statement and theirs for future reference and assistance to others following this topic.

Andy

[Oscard]

Hi Andy,

 

Yes all done. 

 

I'll do tomorrow as I'll have to redact and scan.

[AndyOrch]

[Oscard]

Hi All,

 

My Skeleton Argument and Witness Statement attached for reference.

 

P2G Defence also attached.

EVRI SKELETON Redacted.pdf Witness Statement Redacted.pdf Claim P2G Defence Unredacted.pdf

[AndyOrch]

You have not yet received the defendant's witness statement ?

[Oscard]

No. Nothing received...

[Oscard]

Should I chase the courts for their witness statement?

 

[dx100uk]

Nothing to do with the court unless they miss the filing deadline set in the n157...which was?

 

Dx

[Oscard]

Ok. Will need to follow up as all I've received is the notification of the court date, no n157 etc.

[AndyOrch]

21 hours ago, Andyorch said:

So you have filed and exchanged witness statements and evidence by date ?  Please post a copy here (redacted) of your statement and theirs for future reference and assistance to others following this topic.

Andy

 

What date is on the N57 to exchange and file statements ?

[Oscard]

Thanks Andyorch,

 

Just realised they should have sent me (and the court) all the documents as per ORDER I was sent.

 

I can't scan and send the order as at work. So just copied and pasted below part of it. 

 

2 Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this. These documents should be placed in date order and should be numbered in the bottom right hand corner.

You should include the following documents if available:

 A copy of the contract/agreement

 Relevant correspondence, including text messages and emails

 Photographs

Before 4pm

10 August 2022

[AndyOrch]

And you complied with that date and the claimant has failed ...or maybe filed with the court but not sent you their statement /evidence.

 

Check with the court see if they filed with them .

 

 

 

.

[Oscard]

Yep. I sent to both P2G and the courts recorded delivery. I suspect they chose not to send to me.

 

On the phone now to Claims will update on what they say.  

[AndyOrch]

If they have filed and not served then its important to ask the court to put a note on the file...if they have failed to file and serve altogether then you could consider asking the court to strike out their defence.....as per the guidelines within the Notice of Allocation.

[Oscard]

After 28 mins on hold I got through... nothing been received by the courts either from P2G.

 

Been told to email the courts and inform them.

[AndyOrch]

Now if they try to serve statement/evidence late its important you ask the court to dismiss or better still strike out their defence.

[Oscard]

Thanks will add that to my email.