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By Sarahswoes · Posted
Hope I'm posting in the correct forum. I am confused about procedure regarding going to civil court next week. The claimant (Erudio/Drydens) responded to my defense but I did not realise that I have to respond back. I'd be grateful if you could answer: Was I supposed to send them my updated defence and when? If I ask the court to do it now,, if they agree, can I just send it to the court or must I also send it to Drydens? I spoke to the court helpline and the lady said I can submit evidence even if it's a bit late (to go with my defence) so I've done that - I emailed it only to the court. I'm wondering if I need to submit this evidence to Drydens as well? THis is the situation; I have a civil court case with Erudio/Drydens regarding a pre-1998 student loan. The amount is "£2500. I did not defer as I didn't get the forms. My argument was that they mismanaged my account as they did not send me annual statements (I have proof - 2018 remediation pack) so I believe the same happened with the forms. I was eligible to defer and only three years away from 50 so no reason not to. I have not moved. I've submitted my defence in July 2019 after which the case was stayed. But as I failed to communicate with them to settle the matter (I didn't know I had to reply to their offers to settle as I did not think what they were offering was fair) so they have filed an Application in Sept 2023 to lift the stay and a week ago I received a pack in the post with the court date which is next week. The package arrived 6 working days before the hearing, not seven as it says in the rules. Drydens then sent me the same package in the post four working days before the hearing with a letter saying they are waiting for the Order to be lifted. I didn't realise that I can amend my defence based on their reply to my defence. I thought the court was again going to send me a form to do that, like they did the first time. I'm basically clueless and have no money for a legal representation as I'm not working at the moment. Any help would be much appreciated! -
Is elphicke still with labour or has she jumped into the frankly far more apt 'reformatory yet? Sure that her move is just intended to destabilise Sunack for the poopy right I hear rumors Boris and Doris have tested the water through proxies - not sure if its true - and they probably happy to (are?) chance-it with all/any -
HB - they don't ask why. Karalius - just note these dates on the form and you'll be safe, they will not fix the hearing date when you're away. How to fill in the DQ/N180 is on just about every claim form thread here, such as Andy's post 81 here https://www.consumeractiongroup.co.uk/topic/458783-parkingeye-anpr-pcn-paploc-now-claimform-new-directions-holdings-lambourne-crescent-llanishen-cardiff-cf14-5gl-claim-discontinued/page/4/#comments -
I woke up to images all over the internet this morning and was left gutted i'd missed it. (North west England). Could it happen again tonight? -
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
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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