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pepsi_max

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Everything posted by pepsi_max

  1. They've asked for a 14 day extension "as allowed under Rule 3.8(4) of the Civil Procedure Rules: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03" because they are "still collating the necessary information in order to be able to properly respond to your claim" which will give them until "4pm on 7 November 2022"
  2. That quote from earlier about the 24th is directly from HM Courts & Tribunals Service and 24th is a Monday (sorry, I know you're an expert in this and I'm not doubting you, just sharing the information directly from HM Courts & Tribunals Service correspondence)
  3. @Manxman in exile hey, sorry for the late response! The product we've ended up raising the claim for was just after the cooling off period I believe but I'll check. Thank you for this information. Still waiting to hear their defence so will come back when they to do get some more advice.
  4. Evri asked John Lewis to raise a claim for the parcel with them so maybe they are insured but honestly I'm not sure @dx100uk hope you don't mind me asking, in your experience, why would a company ever pay a solicitor when the solicitor fees will be more than the claim amount even if they won? I'm trying to understand what they stand to gain from having proper representation
  5. @Andyorch hey I'm sorry I don't understand your last comment which is quoting BankFodder's comment
  6. Hard to say because I don't know what their defence is yet. I have a copy of the tracking details showing I dropped the item off at the Parcelshop and it was collected by EVRi (no parcel weight recorded though) and I have an email from EVRi saying they've lost the parcel. Would a judge find that enough evidence for me to win?
  7. Update: received Defendant's Notice of Acting from some solicitors on behalf of John Lewis today
  8. Hi @dx100uk. I was just responding to the person who asked for an update, wasn't asking for anything specific. In case anyone is wondering the exact dates, I got it wrong when I said it was issued on 16th September. The actual dates were: - submitted 16th September - issued 20th September - deemed to be served on 25th September - their deadline to respond was 10th October - they were given 14 extra days so they have until 24th October to respond I have had a look at other threads btw, but just to reiterate, this claim was raised against John Lewis, not evri. Just waiting to see what they come back with.
  9. Hey yeah actually heard back today. They have been given an extra 14 days to respond so deadline is now 24th October. I wonder if that means they intend to defend the claim...I also wonder how they would even plan to defend the claim because as far as I can tell, they do legally owe the money
  10. Hi, thanks. Let me rephrase. I'm asking if the day the letter is signed for is included in the 14 days. So if they signed on the 2nd, which day can I submit the claim, 16th or 17th?
  11. @dx100ukthanks. Quick question: they signed for the letter at 9am on 2nd September. I said to refund within 14 days or I'll start the claim. Do I start the claim on 16th or do the 14 days start the day after day they sign for it, in which case I start the claim on the 17th?
  12. alright cool. i dont know if im looking in the wrong place but im finding it hard to find examples on the website. i'll look again tomorrow. i will be proceeding against John Lewis rather than Evri. Sent them the letter of claim already. Currently just familiarising myself with the money claims part so I am ready on day 15 if they haven't refunded me by then, making sure I have all the information ready.
  13. What's the difference between these two: /img/lib/opengraph-image.png?0.26.0 Try the new online service - Money Claims WWW.MONEYCLAIMS.SERVICE.GOV.UK and MCOL - Money Claim Online - Welcome WWW.MONEYCLAIM.GOV.UK Can we use either?
  14. @dx100ukif I end up having to make the claim, do I add the claim fee (£35) to the claim amount when making the claim online?
  15. Update: letters were delivered today Got an email from them about issue 1 (EVRi delivered back an empty box) and have been told I've been refunded and will see the money in 3-5 days. Apparently evri contacted them to say they lost the parcel. I'm wondering if they've confused the 2 issues, but who am I to question a refund. Will keep you posted about issue 2!
  16. Thank you! Sent the letters off today, will come back once there's an update.
  17. Hi @dx100uk, @FruitSalad1010, @BankFodder. I want to send off the letters of claim tomorrow but I can only do it if I understand the legal basis for my claims. I know I have to write particulars of the claims but I have scoured this website and can't find any threads which have similar issues that went through this full process. Do you have any threads you can think of that I can read? My best efforts to write the particulars of claims are below - could you please give me some feedback? I don't know what legislation/law is relevant to each case. What would you say?
  18. @BankFodder heya hope you are well. I was just wondering if you think this letter (apart from the 7 days thing) is okay to be sent off?
  19. Okay thank you for that. I'll change it to 14 days. Would it be sensible to wait on sending the letter until BankFodder has had a chance to take a look at the letter and questions?
  20. Hello @BankFodder, @FruitSalad1010and @dx100uk. I am very grateful for your input so far. I have decided to start the process with Problem 2 (parcel that was never delivered to John Lewis). Please find attached my proposed letter of claim. Some questions please, if you don't mind: How's the letter looking? I'm wondering if I need to include a legal basis in this letter and what the legal basis is. Also whether I should include that I am open to mediation. My sister's name is the one on the order but the order was paid for from an additional card on my credit card account so can the action come from either of us or does it need to be my sister? Does it matter that their address is a PO Box or can I still consider it received as soon as it's been signed for? Should I include anything about the credit card dispute and Action Fraud report? Does anyone have any predictions on how likely I am to win this? I think Section 75 dispute & Financial Ombudsman is still an option before small claims, but you guys are the experts so I will do whatever you feel is best Will prepare the next bit and post it here soon so am ready to go on day 8. Thanks so much for the help. John Lewis Letter before Claim - Problem 2.pdf
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