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    • OH has received another call from Kindertons requesting a signature. He once again requested in writing that he was not liable for any costs as he has been told from the beginning. The woman insisted he would not. He asked her hypothetically what if Kindertons take the other party to court assuming they won't pay the hire charges, who would then be liable for the court fees and hire charges would it be him? The woman who apparently sounded like she was reading from a card replied not him. An email has now been received from Kindertons. I would be grateful for advice on this matter bearing in mind no forms have been signed. Good Morning Please keep this email as confirmation that no costs will be charged to yourself for the cost of the Hire. Whilst you are liable for the hire charges Kindertons indemnifies these losses. The third party insurer will pay the hire charges and if for any reason the charges are not paid Kindertons will not pursue you for payment of these charges. The only exception is if you knowingly and wilfully mislead us or actively fail to cooperate with our attempts to recover the hire charges from the third party insurer. If you would look to sign the outstanding Hire agreement it would be gratefully received. Many thanks
    • Yes Andy. It arrived last week but I was away for a few days. I moved house in the middle of last year as well so some post is redirected which can delay things by a couple of days. I have informed the courts of my new address
    • Good morning. OH was offered treatment for back pain via a solicitor which he accepted. This has been ongoing for several weeks. He originally told Kindertons he did not need a vehicle from them as he'd driven his vehicle home from the accident and continued to drive it to work for a week but the woman insisted it would be free and more importantly would speed up the claim process. He told her due to his work he only need a small vehicle but a brand new top of the range large vehicle was delivered. His vehicle was written off and an offer made. He had the vehicle repaired himself. There was no loss of income as he continued to work while fitting in medical treatment. On three separate calls he asked if the vehicle was free and was told yes they just need a signature to chase the other party for the cost. He informed her in more than one call he doesn't use the internet so cannot sign electronic forms. 
    • Hello Andyorch   Would you be able to point me in the right direction with regards to the defence structure for this type if claim. I have looked for similar cases but not finding much whrn searching. I believe that my defence is due by 18th March, so I have time to work on this. Thanks 1Penny    
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Royal Mail Special delivery - admitted liability by phone but refusing to pay out.


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Used Royal Mail's special delivery service back in feb to send an item. Paid for their "Enhanced compensation" to cover the cost of the item correctly.

They marked the item as delivered by taking a photo of a front door (No parcel in sight, no signature, name is random). 

RM escalations team admitted that it was outside the range and they would need to pay, but when I sent in the evidence, they denied the claim citing delivered parcel. 

 

I intend to take them to court and present all the mismatches in their POD as well as play the court the phone call  with escalations - my only question is can I play audio in small claims hearings? 

 

Value declared? Yes

Insured? Yes, royal mail SD but with "enhanced compensation" however I'm planning to use the same argument that charging me more to cover my items against their negligence isn't my responsibility.

 

Sent a standard LOC and received no response. 

 

Please see attached proposed POC.

Please advise of any edits.

Thanks

 

Royal Mail SD 13_02_2023.pdf

Edited by jk2054

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Please could you start off by amending this particulars of claim to reflect suggestions I made in your other POC's.
There is certainly no need to rehearse the identity of the parties and their status all the time. This is made clear in the title/name of the case which you fill out in the party details anyway.

If you can post that draft then we can have a look.

In terms of your audio file, I understand that you are recording your calls. Well done. So very few people do this despite our constant advice to record your calls and to read our customer services guide.

The question is whether you can play the audio file in court. The answer is that yes you could but you would have to give prior notice to the judge.

A better way to do it would be to prepare a transcript of the call or at least the relevant part of the call. (You would have to do this anyway). Then I suggest that you send them another letter of claim – post a draft here – and in it refer to the recording that you have. Attach a copy of the transcript to your letter of claim and also copy of the audio file – assuming that you will send this by email.

Inform them that if they force you to go to court that you will be producing the transcript in evidence and that you will be asking the judge's permission to pay the audio file if you raise any objections to the contents of the transcript.

Tell them that you are giving them advance notice now that there is an audio recording which you intend to use in your court proceedings.

Invite them to make any objections.

Then when it comes to your directions questionnaire you should take the opportunity to alert the judge that you have an audio recording and that you have prepared a transcript of it, that the defendant is fully aware and has been provided with a copy of the transcript and a copy of the audio recording. That you will provide a copy of the transcript to the court as part of your bundle but if the defendant decides that they want to object and raise concerns about the accuracy of the recording that you will be asking the court permission to play the recording to them and that you will provide all the necessary equipment – or meet any other requirement stability by the court.

In this way, the defendant will be fully informed at all stages. They will have been given an opportunity to object at all stages.

I can fully imagine that if it goes this way that they will put their hands up – but let's see. It should be very interesting.

Of course if they are really stupid then they will object to the recording on grounds that they weren't warned and you didn't seek their permission. However the only reason that they might object is that they realise that the recording is incriminating to them. If they want to say that it never happened then that opens the door to providing the transcript and the recording. If they want to agree that it happened then there is certainly no need to produce the sound recording – simply rely on the transcript.

Post your amended draft particulars of claim here. Also post your new letter of claim here in draft form so we can have a look

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Ok, 

 

Thank you for that.

 

The only thing is RM object strictly to serving of docs by email until it gets handed to their solicitors.

 

So should I send a transcript of the audio with the letter of claim? Also for the transcript can I do it myself or do I need to get a third party to do it so that it remains neutral?

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Yes, you may as well send it with a letter of claim that you will be best posting up your proposed letter of claim here before you send it off.

Do the transcript yourself. Along with the audio file if they are interested they can decide whether or not it's accurate and raise their objections.

They may require you to prepare an official transcript and this would cost money – but wait for them to ask for it.

I don't think you need to transcribe the entire conversation. If there happens to be two or three minutes of relevant conversation in the middle of it then transcribed that. Indicator what point in time – minutes/seconds it starts and what point in time it finishes.

 

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  • 3 weeks later...

Hi,

 

I requested judgement as they did not respond.

 

How long do such requests take to process?

 

The performance information says automated online issue, so does it get done instantly and then posted today/tomorrow to RM and myself?

 

Thanks

Edited by jk2054

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Between one week and 2 weeks normally.

If they happen to respond before your application is processed then that will take priority

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  • 1 month later...

Hey,

I got their DQ back today but interestingly not their defence at all, nor did I get my judgement.

They've put witnesses attending the hearing as 0 and then signed it as the law firm not the individual paralegal (like the AOS)

If they put 0 witness giving evidence at the hearing does that mean they aren't coming to the hearing?

Can't say I've ever seen a DQ filed with 0 people giving evidence

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Better telephone the court and let them know. Also if you have an email address for the defendant then probably had better let them know as well at least to get it on record

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Hi,

 

So they sent me the defence but the DQ they sent still has witnesses giving evidence as 0

 

Any ideas?

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Sounds like you'll be sat in a very quiet room, having a nice intimate chat with the Judge, all on your own.😁

We could do with some help from you.

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Nothing to worry about I think .

it's probably just an error

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3 hours ago, jk2054 said:

Hi,

 

So they sent me the defence but the DQ they sent still has witnesses giving evidence as 0

 

Any ideas?

LTD/Companies  DQ always state nil witness's its not required with legal representation. 

 

.

 

 

.

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We could do with some help from you.

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