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You have to request judgement when no defence submitted.. The question is how with Money Claim Online? -
By Badtimes123 · Posted
There are example threads where AOS is done but defences are submitted late, it happens, sometimes because MCOL is broken! As the claimant you will be able to reference a late filing and request it be struck out for not following Court Directions, for example if the defendant arrived at court with it on the day without submitting... but I believe there is some (slight) wriggle room for defendants (reasons depending) on late defence. I believe you just need to continue your claim, no defence and not following court directions will almost certainly strengthen your case -
By honeybee13 · Posted
I'm afraid it's against site rules to recommend lawyers. You could look on the Law Society's Find a Solicitor page for local firms with the right expertise, or google nwnf lawyers in the uk, then check out reviews on social media, review websites and so on, to see how other people rate them. If they say they don't do nwnf, I would ask if they know a firm that does. 403 - The Law Society SOLICITORS.LAWSOCIETY.ORG.UK HB -
By lookinforinfo · Posted
Thanks for that information. I seem to think they have similar names and similar addresses and I thought it was Aldi that was offering the great deal that attracted you to that car park. So we are still stuck with Nexus. Please do not call DCBL about a settlement figure.The first reason is that they have your telephone number which is not something you want to give to those vultures as you rightly call them. They will then harass you on the phone and try and send you last minute details the day before the case -which they shouldn't do. And second they are already charging you £60 to £70 more than they should lawfully, to that they will then add the Court costs that they haven't yet paid or incurred and then say that they will give you this great offer of £150 to avoid going to court.Big deal-not. Were it around £50 that would be a better deal but they would not accept that. -
By Badtimes123 · Posted
Hugo, how are you getting on? the deadlines can creep up on you. It's useful to have a week or two in drafting a defence, so you can understand it for yourself before submitting. Read other like threads for examples and tailor to suit you. Get one drafted and posted (without personal info) and let us take a look
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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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