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    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
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    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Evri lost my Ebay parcel £844 - court claim issued ***Judgment***


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it currently takes the business centre 30 working days (6 weeks) to process a DQ.

That is why the stay was put in place. They lifted it after both DQ's were filed and you will now get contact from mediation when they have your appointment.

For reference the CNBC performance stats are below:

the number of days before process begins is essentially the length of the backlog.

 

Edited by jk2054
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underpaid paralegal

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I've just got off the phone with them after 1 hour and 32 minutes.

 

rang out at 5 o clock so you did better than me.

 

Goodluck with mediation, stick with it and george wood will pay

Edited by jk2054
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underpaid paralegal

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  • 1 month later...

Sorry but you should have had a date on your judgement/legal advisor order?

Or are you just preparing it before even being told by the court?

Sorry I'm not so well caught up with this thread.

Sorry one thing I've noticed and I think you picked up on it, but get the farooq and evri case in there.

underpaid paralegal

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  • dx100uk changed the title to Evri lost my Ebay parcel £844 - court claim issued
  • 1 month later...

I did say that you are right.

But a case I raised in November, which now i look at post 89, it was made AFTER your notice of transfer.

No offence but you don't even have an allocation to a track, I got my allocation to a track at the start of the new year. WS due mid feb and I've got a hearing in march. 

I'm starting to get the inclination somethings gone wrong here.

I've just checked processing times for CNBC and its 31 working days to transfer the file from notice of transfer.

You've waited 64 by my calculations

That's over double.

I'm going to check my paperwork to see how long it took from being sent to court to directions issued but I think you may need to get in touch with the court.

9 months should be case done, not update.

Update has to realistically be like 2 months before a hearing date from my experience, although maybe the old MCOL takes less - It has to be at least a month by law, whilst you're on track for april/may hearing, you should really be getting directions by now i think.

 

just looked at my most recent small claims case:

Claim made  nov 15

defended dec 7

mediation was dec 29

directions were on Jan 9 

WX exchange was feb 12

Hearing date was set on feb 6

hearing set for march 19

 

I think somethings wrong with yours.

underpaid paralegal

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Yea I'm aware of that but didn't think it would delay this much.

DQ by post would mean there will be some delay but I think at this stage its time to call/email the court the file was transffered to.

don't email CNBC or whatver it is, email the court that it was assigned to.

May be delayed there, but a quick call/email should clear things

Also I see its gone to a hearing centre, and I'm not sure on that, maybe someone else can advise, but that may delay things because its a hearing centre then to the local court,

 

not sure on that one but just thought of it.

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underpaid paralegal

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