Thanks. Would this be OK? Or is it a bit cheeky, implying the judge is not up to speed on the law and can't decide without me telling him/her. There are disputed facts. The claimant thinks that the judge would need to hear their evidence orally. The defence is that the claimant failed to provide details of of a contractual relationship. The claimants rights as an official third party The Contracts (Rights of Third Parties) Act 1999 was clearly stated in the Particulars of Claim. The defence also asks for strict proof as to the value of the claim. This has already been provided ie value of phone which had been sold (and then refunded), delivery charge, court fee and interest.

@AndyorchI have now received their defence and DQ through the post. If I answer no to the case being determined without a hearing I have to give a reason. What can I say?

Thanks. Though I haven't got Evri's legal dept email. Will send by post.

Thanks. I'll answer no to the question on determination without a hearing. Do I send it to Evri via email and post?

@Andyorchdo you mean I can send the DQ to the CC Business Centre before I get the allocation form? And also copy to Evri at the same time. Do I answer yes or no that the case can be determined without a hearing?

I've downloaded the form. I assume they need a wet signature rather than electronic?

Thanks. So I don't need to wait for the DQ to come to me by post. But I have to wait until I receive the form N149A - Notice of proposed allocation to Small Claims Track. Then I send a copy to the Court and a copy to Evri and keep a copy myself.

I looked at my MCOL today and they've filed a defence 1st February attached. It is their standard defence. DQ sent to EVRi 2nd February. I'll await my allocation and N180 DQ. Will this come through the post, by email or be posted to MCOL? Or all three? Evri Defence 1.2.23 redacted.pdf

Well done. In my case I haven't received their defence yet. I intend to hold out for the full amount and not accept confidentiality. Though I believe if it goes nothing that was said in mediation can be used.

Excellent article. It should be pinned to the top. Do you think some of the Judge's statements could be used in cases regarding Third Parties? eg Parcel2Go argued that its terms and conditions highlight “limits of our liability”. The judge dismissed this, saying the Consumer Rights Act states: “Any term restricting the supplier’s liability is not enforceable against the consumer.” and Sarah Lambert said: “It seems to me that it is impossible for it to be fair for [Parcel2Go] to limit liability for something it is obliged to do". and The judge said the company is “lacking in transparency”, and it is “not open to a courier company to decide that it is able to fail to deliver a product and not provide compensation for that failure".

I have read on here that mediation fails but they come up with the full settlement just before the court case. But maybe they are thinking of testing it in court. You'll get a lot of support on here from @BankFodder and @dx100uk and I'll be watching as I'm only a little way behind you in the process.

Right. Thanks.

@dx100ukI'm confused now, it says they have 28 days from the date of service of the claim. Where does the 33 days come in?

Received the Acknowledgment of Service signed by J Corbett, Legal Department. 28 days to file their standard "not us guv" defence. Acknowledgement of Service.pdf

Such a shame. Be very wary of talking about any issues at all with any of the family on the day. Emotions run very high at funerals. Keep us updated as things progress.

Will you both be going to the funeral?

Sounds positive. You have children I gather, her grandchildren. Does your sister have children? It might be worth thinking about what would be “reasonable financial provision” for you. If the caveat makes your sister decide to negotiate and/or what you might ask the court, if it went that far.

So under the IHT threshold. Let's hope they can give you a free consultation to see whether they think you have a case. Do keep us updated.

@hunterandthehuntedSome other thoughts. Do you know the size of the estate, whether there will be inheritance tax payable? Here is a guide and the challenges to claiming under the Inheritance Act. https://www.brethertons.co.uk/site/blog/claiming-under-the-inheritance-act-1975 My understanding is that the Conditional Fee Agreement (No Win, No Fee) are in claims for compensation (personal injury, employment, medical negligence) where the solicitor is paid up to 25% of the compensation if successful. I don't think it is for any legal case.

First, I am really sorry for what you have gone, and are going, through and hope it gets resolved. This makes for interesting reading and a case history. Contesting a will: What are my options if I'm left out? | HD WWW.HARRISON-DRURY.COM Ed Stanley, an expert in contentious wills and probate at Harrison Drury, looks at the lessons learned from contesting a will using the Ilot vs Mitson case. I don't know how you get on, or could get on, with your sister. But there is another option if there is absolute trust between you. You can let her obtain probate, she inherits and then makes a Deed of Variation on your mother's will and this lets you inherit, free of IHT, if any has been paid already. Could be a win-win as anything else will be costly in both time and money for both of you.

Well done for holding out for your rights and what you deserve. Fingers crossed for mine.

Always worth employing a taster to be safe!

Well done and I'd go with time saved for you and them. Have look at this as to whether it would be unsafe to drink. So a taste might tell you if it's OK or not. Does Vodka Go Bad? Shelf Life & How To Store It | KitchenSanity WWW.KITCHENSANITY.COM Does vodka go bad? How long does vodka last? A sealed bottle of vodka can last almost indefinitely. Here is how to store it and know when it has gone bad.

Thanks. I'll be using these arguments. I intend to hold out for the full amount - they have lost my property and I have paid out for (non) delivery and then a court fee to try and get reimbursement. I want to be on very firm ground of the mediator tries the bullying tactics. One other question. Has anyone ever taken EVRi to court over the non-contract with them issue? They have gone to court over the insurance and have lost, is it three times, that you know of on here. Has EVRi ever won in court on either of these issues?

I received notification this morning that my claim has been sent to Evri/EVRi and they have until 23 January to respond. My understanding is that they will file an acknowledgement of service. Then they will defend the claim on the basis that I have no contract with them and must approach Packlink. We will then go to mediation. I'm now reading around mediation threads. And following @DxnM claim with great interest as they are not far ahead of me in this process. I have a couple of questions. 1. Some mediators (and some documents) say that by entering mediation you have agreed to be flexible/be willing to compromise. Is it enough to say that I have done by going to mediation, giving them longer to answer Letter of Claim etc? I am trying to find an official link that says clearly that the claimant does not have to forgo money paid and property lost. 2. @BankFodder elsewhere says that there have been several cases where mediation has apparently failed but the claimant is not heard from again. There is a suspicion that EVRi/Evri settles but on conditions of confidentiality. If this happens and they offer to pay in full and demand confidentiality can you refuse as the confidentiality is unfair/not agreed to and still take them to court? Will the judge dismiss saying that you had the opportunity to settle in full and refused? County Court claim.pdf