radupana
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As expected, they waited until the last possible moment to pay. I received payment just now. I will call the Court and inform them that I would like to withdraw my claim. Based on reviews, they don't seem to be very responsive though. If I can't get through to the Court and do not go there on the hearing date, would the claim be automatically cancelled? I also want to thank you all again for the immense help, without which I would not have gotten this far. I'll be donating part of the refund as a token of thanks.
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Thank you for the template. Unsurprisingly, Evri responded in their usual disdainful style towards their customers and told me they already have my bank details on file and that I don't need to send them again. They highlighted the fact that it can take 10 working days to receive payment, starting August 9 (when I accepted the settlement offer). They also made sure to explain that working days means Monday to Friday and that I am free to attend the hearing. I am 99% sure that I will receive the funds on the hearing date, or one day before.
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Good morning, I am waiting for proof of payment from Evri. The court date is August 21 and I was trying to find information about what I'd need to do when settling out of court. If the funds arrive before the date, I will ring the Court up and inform them of the out of court settlement. If the funds don't arrive by August 21, will there be any monetary penalty for me if I don't cancel the hearing, and instead go there and mention the pending settlement? Couldn't find much info around this situation. Thanks.
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Hi, The claim has been allocated to the small claims track and the hearing will be on August 21. I have attached the Notice I received. I remember already paying the court fee. Is this reminder something that is added by default to the Notice, even if it has already been paid, or is it a separate fee that I need to pay? The Judge also mentioned Mediation, but I have already tried going down that route and Evri did not respond, hence the initiative was dropped. Should I try for mediation again, or just wait until the Hearing? Anything specific I should be reading between now and the hearing? And any tips/advice? Thanks. Small claims allocation.pdf
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Small update, we were all set for mediation but it was cancelled because Evri did not provide contact details. I assume this will bode well for me, as I was (at least in theory) willing to negotiate by accepting mediation, whereas Evri failed to do so. Waiting for the case to move to the next stage.
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Hi @dx100uk, Thanks for the quick reply, much appreciated. I have e-mailed the completed DQ to ccbcaq@hmcts.gsi.gov.uk and will post it to Evri via Royal Mail, as suggested. I would've used MCOL but couldn't see an option for uploading documents online, so I went with the e-mail option. I've completed the DQ as suggested here, quoting the reasons on the forum when selecting "no" for the "determination without a hearing".
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Hi, I just got back to the UK from abroad for the holidays and found the DQ in my mail. It states that I "must, by 6 January 2023 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office. " It's January 7 today, so the earliest I can get these out is Monday January 9 with next day delivery on January 10. I am hopeful that this small delay won't lead to my claim being struck. I wasn't able to find an option to ask for an extension of this deadline. However, I have also not received a copy of Evri's DQ, which is my understanding I should have, based on: (1) Subject to rule 26.5A, if a defendant files a defence – (a) a court officer will – (ii) require the parties to file a completed directions questionnaire and serve copies on all other parties; So it looks like Evri has also failed to meet the deadline. I'll mail the completed DQs out to the County Court and Evri on Monday, with next day delivery. Will keep you posted. Thanks.
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Hi, Attached the defence in PDF format. Looks pretty standard as per others' experience. They are denying they have a contractual relationship with me and point to Packlink: "the Defendant does not have any contractual relationship with Packlink ‘s customers". I'll contest this by referring to the "Contracts (Rights of Third Parties) Act 1999" when the time comes. They also admit that they lost the parcel: "The last tracking point for the Parcel was on 20th October 2022 . There are no further tracking points after this date and therefore the Defendant accepts that the Parcel is lost." Of course, the parcel is most likely not lost, but in the hands of one of their thieving delivery drivers. I'll not bring this up as it's irrelevant and purely speculation, but it's one of the reasons I don't want them to get away without paying me. The status of the claim is now: "DQ sent to EVRi on 20/12/2022" I expect to also receive the DQ soon, in which I'll go for meditation as a first step. redacted defence.pdf