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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        
    • 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?
    • when is your mediation? honestly I don't think that the ups case is much use actually because it concerns third party rights BUT  as we know now the contract for packlink is direct and there are no third parties rights at all so you don't need it, and frankly the really helpful one will be from @occysrazor case but I don't know if they have it. expect evris mediation to be a complete fail yes
    • jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim. BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case! I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections? I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling. Thanks. Evri letter of claim.pdf
    • Thank you for getting back to me I will do my best to get hold of the claim form tomorrow  When I spoke to MCOl on friday I asked for the extra 14 days so penty of time Onlymeagain
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      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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Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side Sanctions imposed. **STRUCK OUT**


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Absolutely...so lets see if they have any success with their application before we we consider what's next 

We could do with some help from you.

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uploaded supposed agreement paperwork is totally pants, typical of link/kearns.

the chief kidders of judges.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Keep in contact with the court as the hearing of the 7th May not happen 

Draft Order request

Quote

The hearing set for 7 June 2024 continue

 

 

.

We could do with some help from you.

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Should I just keep ringing the court then to see what happens (I am usually on hold for over an hour!) or will the court write to me to confirm?

I thought they would have written to me to confirm it had been struck out?  

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5 minutes ago, LouLouDev79 said:

Should I just keep ringing the court then to see what happens (I am usually on hold for over an hour!) or will the court write to me to confirm? I thought they would have written to me to confirm it had been struck out?  

I personally would just attend anyway on the presumption it is happening ...save you stress of checking.

We could do with some help from you.

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thank you 😀

Do you have any idea of how long roughly it takes for a court to consider a relief from sanctions application? 

I notice they ticked a box saying they wanted a 10 min hearing for it - would I be required to join that?

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  • dx100uk changed the title to Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side - hearing in 2 days - Witness Statement

Well it will be given the priority attention given the hearing is close its bad form that the court did not inform you that sanctions had been applied and the claim struck out. Lets hope they inform you this time if the hearing is to proceed. 

Their application involves a remote hearing and no you would not be expected to participate.

We could do with some help from you.

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  • AndyOrch changed the title to Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side Sanctions imposed.

I have just spoken to the court and they advised that it hasn't been struck out. 

They said it was passed to a judge on 1st May  (the day after I sent my bundle) and they are still waiting for a decision

- she said it was odd that the solicitors had applied for a relief of sanctions when it hasn't even been struck out yet!

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1 minute ago, LouLouDev79 said:

she said it was odd that the solicitors had applied for a relief of sanctions when it hasn't even been struck out yet!

:lol:   Well it is Link so the court should make allowance's

  • Haha 1

We could do with some help from you.

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It may be that they are applying to try to stop it being struck out and then having to pay for it back in and costing more time.

They may also just think it has/will be struck out so they are applying to speed things up after that.

seems like a timesaving exercise to me but they are also technically wasting money so I wouldn't bother.

The only problem is that the judge will likely see their application when he/she reviews the file so you may find that nothing happens in terms of strikeout/in and it stays the same.

Go with what the court have told you unless you hear something else.

Please do not not go because you think the court will strike it out not worth the risk! 

 

underpaid paralegal

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That makes sense, yes I will make sure I attend on the day unless I hear otherwise from the court!     

Am I right in thinking that if it is struck out, then they wouldn't be able to re-start it as it is now statute-barred? 

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Well sanctions must have been imposed somewhere along the line and you dont make an application in anticipation unless they have been imposed.

They were late in re submitting their particulars...you referred to this in your statement

From their statement in support of their application 

Quote

6. The Court then set directions under an order dated 13 February 2024. Within that order,
the Court issued additional directions including particulars of claim and copies of various
documents to be filed and served before 3 April 2024.
7. The fee earner with overall conduct of the matter did not comply with that direction, for
which I sincerely apologise to the Court and the Defendant.
8. The Claimant seeks relief from sanctions pursuant to CPR 3.9 and the Denton
principles.
9. CPR 3.9 states:
(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice
direction or court order, the court will consider all the circumstances of the case, so as to enable it to
deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.

Quote

15. I therefore respectfully request that the hearing be relisted or alternatively seek relief
from sanctions for the reasons stated above. All parties are ready to attend the hearing,

 

3 minutes ago, LouLouDev79 said:

That makes sense, yes I will make sure I attend on the day unless I hear otherwise from the court!      Am I right in thinking that if it is struck out, then they wouldn't be able to re-start it as it is now statute-barred? 

Correct unless they make a further application :-D

We could do with some help from you.

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If its struck out they'd need to apply to reinstate the original proceedings, they can't start new ones for this.

Although I do agree with andy I'm not sure why they would make a relief from sanctions application if its not been received back.

Ignoring what the court lady said for a moment, Have you received anything in the post at all?

underpaid paralegal

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Reading their statement again in detail its to avoid and request relief the sanctions imposed for failing to comply with directions on time....as the sanction will be in place they are unable to rely on the documents they submitted since.

Which would be disastrous to their claim. 

Good old Link/Kearns. 

Quote

If the matter is permitted
to stand struck out then the Defendant will be the subject of a substantial windfall to
which it is submitted she is not entitled as the Claimant can and will show that they have
proven all of their claim.
 

Hence their application

We could do with some help from you.

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I guess I just have to wait and keep my fingers crossed then that the judge sees them for what they are and strikes it out!

 It’s really unfair that these solicitors are allowed to miss deadlines and still get permission to proceed.

Like I said, they did exactly the same trick on the set aside hearing! 

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link/kearns always pull every stunt in the book.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

I have just spoken to the court for an update and they confirmed that the case was struck out on 22nd May (they have apparently written to me to confirm but I have not received the letter yet).   

They said that the hearing on 7th July has been vacated.   

She said they have received the relief of sanctions application and so this waiting to be looked at by a judge, I will just have to wait to hear if that is successful.

My question now is,

am I able to change my defence now to add that the debt is now Statue-barred as I didnt include that on my original defence? 

 Do I need to be doing anything at this point?

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  • dx100uk changed the title to Backdoor Link CCJ - old Barclaycard debt - Default Judgment set a side Sanctions imposed. **STRUCK OUT**
9 minutes ago, LouLouDev79 said:

am I able to change my defence now to add that the debt is now Statue-barred as I didnt include that on my original defence? 

Afraid not if their application is granted then the claim remains the same as at issuance.

We could do with some help from you.

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thread title updated.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Not in this type of application but if its allowed and the claim resumes you will have opportunity to raise the conduct of the claimant within your statement.

We could do with some help from you.

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as their claim is struck out, then the debt is now sb'd surely?

why not send link our sb letter.?

blow them out the water totally?

image.gif.fd50b1ef7cb6987f9b05773a375722b8.gif

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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