Paragraph 7 The Defendant amount of full cover which you have taken out for a parcel, if at all start of the second person finishes in the third person – this is to be taken out of context. You need to say what this is Paragraph 12 and?or negligence. this is not in the correct place. This is evidence to support your arguments. Your arguments should be in the witness statement and references to the cases should be made during the argument and pointed to the place in the bundle.

If it's a question of insurance in all three cases relate to you.

Yes, post it on Facebook and make sure that you mention the name of the auction company on it as well. Don't make any suggestion that they knew about it because that might cause trouble but if you keep everything straight and simply say that they were auctioning a stolen painting but they probably didn't know about it, this will be truthful and probably won't cause you any trouble even though I'm sure they will object Of course the auction company has a duty to establish provenance of the items they sell. It might be worth asking them what steps they took to establish that provenance

Also, in case it helps I have saved the auction page into the WayBack Machine Internet archive. You should take your own screenshot anyway – but at least there is a functioning copy which you can access any time you want in case they remove it https://web.archive.org/web/20240324170627/https://www.johnpyeauctions.co.uk/Event/LotDetails/202190508/ARIEL-AND-THE-OIL-DRUM-PAINTING-DELIVERY-ONLY

At the top of this forum there are some fixed threads – which never move. They contain information on various issues including one on parcel delivery insurance. If you work through that thread you will learn a lot of interesting information and towards the end you will find that the judgements you're looking for are available for download.

Very interesting and I would almost feel flattered if I was able to produce an artwork which somebody else thought was worth stealing! Do you have photographs of it? Apart from anything else, I would start posting pictures of it on Facebook and point out that it is stolen. These things get around and it would be very interesting to track it down that way. Please will you answer the questions which I put in my previous post.

They are all included in one of the pin threads above. I sort of expected that you would be familiar with all the material by now

Don't faff around send them a letter of claim and in 14 days issue the claim. The chances are they will eventually put their hands up – but your chances of winning in court are much better than 95%. There might be a slight reduction for the use you had but it won't be significant and you will learn a lot by using the County Court process. Post a draft of your letter of claim here

The inference to be drawn from reports on Facebook is that every time somebody gets hold of a telephone number or an email address, EVRi but to change it in order presumably to block the barrage of complaints which get through. EVRi are not customer-facing in that they don't like to face their customers. I see that they responded back to you and asked you for tracking numbers. Are you telling us that you sent a letter of complaint to them and didn't give them any tracking numbers?

Paragraph 14 of your witness statement – you refer to "discernible beneficiary" and you say that this is what the 1999 act says. It's clear that you haven't read the act because this is not at all what it says. This is my interpretation and although in my view it's not a perfect interpretation and you shouldn't try to tell the judge that this is what the act says. Rather you should refer to what the act actually says and then if you want you can say that this can be taken to refer to a "discernible beneficiary". This worries me a bit because it suggests to me that you have been taking stuff from this forum without doublechecking. You are opening yourself to a challenging court because if I was on the other side I would immediately point out to the judge that the words you were referring to do not occur in the act. Particularly as your litigant in person and probably a little bit nervous, this would destabilise you and you might even lose your way on the case. I suggest that we refer to sections in the Act, that you make sure that you read them and you understand what the actual word say – and then once you understand what the word say – you can go on to come up with a reasonable interpretation of the words which would represent the intention of Parliament when they passed the Act. Paragraph 15 – I think you must also point out that both parties were aware that there was a third party and that the entire contract between Packlink and EVRi was put together precisely to benefit third parties – either the sender or the addressee – or both and therefore it would be completely disingenuous for Packlink or EVRi to pretend that they did not realise that there was a third party beneficiary. Paragraph 16, you should point out either in this paragraph or in a paragraph 17 that neither Packlink nor EVRi have attempted to provide you all the court with a copy of their contract and in the absence of that contract and in absence of evidence that they have specifically excluded third-party rights under the 1999 act, that the court should accept that not only were you a foreseeable and intended beneficiary, but that neither Packlink nor EVRi have sought to change that by excluding third-party rights from their contract. Both Packlink and EVRi are well resourced and professionally advised by in-house legal teams and had they wished to exclude third-party rights the could easily have done so. Above paragraph 27 – in the interests of justice and full transparency I would draw the courts attention to the case of name of UPS case decided in XXL County Court on XXX date – (see appendix XX attached). in this case, the judge decided that the customer of the parcel delivery service did not enjoy third-party rights. I would respectfully suggest that the judge was wrong in that case – blah blah blah I'm afraid that I still haven't had a moment to have a look at this case. I will try to get a look at it and come up with some judgements. You say that you don't have a transcript. I thought you had been provided with one? Also don't forget, that once the judge accepts that you have third-party rights you won't be able to apply the rules under the consumer rights act because this only refers to consumer contracts. You will effectively be suing in place of Packlink and you will only be entitled to rely on the same rights as Packlink would enjoy – which means it is a commercial contract. This means that you would be relying on the unfair contract terms act 1977 and you will simply have to say that it is unfair by any measure that a company should be able to charge money for carrying out of service with the proviso that if they didn't carry out the service that they would not be liable. You would have to say that the loss of the parcel was a foreseeable loss. It had already been declared. It had already been valued and it was accepted on that basis. That will deal with that after you have posted up a revised draft please. What is the deadline for filing your bundle please?

Yes that is the format that you should be using. I think that the MacBook version must pass me by because if I had noticed it I would have discouraged its use. (I suppose someone is going to say that I did read it and gave it an okay! – I hope not!!) I may be wrong but I have a feeling that the MacBook case was settled out of court because eventually EVRi took fright and realise that they were on a looser and decided to avoid getting a judgement against them so they preferred the payout after wasting anybody's time. This is what EVRi does. I have just started reading through somebody else's court bundle and broadly you should be following this format which I think is the format you have already referred to in your previous post

I started reading the documents. I've begun from the witness statement – which I think should be towards the front of the bundle – if not actually at the front. I'm rather mystified. You made no reference in your index to the inclusion of the judgements that we have precisely on the insurance issue. And if that you made no reference to them at all in your witness statement. You started off by rehearsing the sequence of events and although I haven't looked at your claim form closely, it seems to me that the sequence of events is sufficiently express their and it's not necessary to repeat it all. Furthermore, I'm not aware that the defence raise any objections to the sequence of events as stated so I don't really know why you're bringing it up again. We have got several witness statements in the various threads on this subject and I think probably in the pinned threads as well but it seems to me that either you haven't seen them – in which case you need to do more reading – or else for some reason or other you've decided not to refer to them. I'm very sorry but I think you're going to have to start again and I think in view of the deadline coming up on the eighth that you have a fair amount of work to do and I hope that your health and other commitments allows you to do this. The courts don't have a lot of time. Judges like to get to the meat of the issue as quickly as possible and they don't want unnecessary reading material. I wish I could say that your witness statement could be simply improved by substantial amendment – but I think it's more serious than that. I think that you need to begin again from zero. Have a look at the witness statements which have been used very successfully in the threads to which I have just referred in this post

So the deadline for filing the documents is on 8 April – you also have a date for the hearing but you haven't told us what that is. I will start having a look at your documents

Sorry I was on a train yesterday and had misunderstood. I had gathered that the item was now advertised for sale on an auction site and my advice is based on the idea that you should interrupt the auction. I understand that in fact it had already been stolen. Can you explain how the purchaser would have realised that you were the original owner? I don't know what you have written to the auction site. They won't tell you the details of the purchaser that I think it is reasonable to ask them to confirm that the painting was offered for sale on XXX date – even if they don't tell you the sale price. You may even be up to find that detail on the auction site. Have you looked? It will certainly help to get some evidence that it was put up on auction site. Was the painting properly declared? What value was declared? Did you purchase their so-called insurance? What dated this will happen? You've given us very scant details quite frankly.

Yes. Monday is a bit short notice

When is the deadline for submitting the file

Sorry, I was doing this on a train and on a telephone and didn't read it properly

I completely agree that you must send a letter immediately to the auction house and put them on notice that the painting I know which they are offering for sale has been stolen. Send a copy to the police and make sure that your letter makes it clear that a copy of the notice has been sent to the police. You may well find that there is some professional society or organisation of auctioneers. Send them a copy as well and make sure that the letter shows that you have sent it to that organisation as well. Do this immediately and stand by for a further reply later on or tomorrow

You could bring a legal action but the easiest thing for the moment might be to begin the chargeback through your bank. There will be some hassle about this and of course sports direct will tell the bank that it was received. You need to insist with the bank that you are their client and not sports direct and they owe you a duty and they are you a duty to believe you. Start the chargeback procedure and let us know what happens

You can probably complain to their line manager and you might be able to get a little bit of compensation but also you may well cause a disciplinary action and the loss of a job to somebody who is doing their best in a system which is under resourced and under pressure and who is probably under stress and underpaid and is probably now rather stressed and frightened about what might happen because of an unfortunate accident. Do you know if they were somebody who is married and who has children or who has difficulty making ends meet?

When did you buy it? When did the faults first manifest themselves? How is did you pay for the car? Have you had an independent inspection done now? Do you have a quotation for the repairs which it needs now?

HCEO not bailiffs

Thank you. Because of the length and duration of this thread I may will be asking you to post up documents which have already been posted somewhere else. Please bear with us on this. You are morning contact are more familiar with your case then we are so we will need to refresh our memories from time to time

Thank you. Assuming that you are going to go ahead and pay this and go to trial, then stop preparing your documents using the system that we suggest about preparing your court bundle. Let us see the witness statement that you are proposing to use. Post the draft here and give us good time to look through it and suggest changes. I suggest that you pay the fee immediately and then get going. This

So you returned a number of items using EVRi. Studio say that they haven't received them and that you still owe them the money. Is that correct? How much do they say that you owe them? What are the items which you have returned and which they dispute having received? And I understand that you have evidence that they have been returned and that they are delivered. Is this all correct? I understand that despite this dispute you went on to order more items but then cancelled the orders – and they refuse to accept the cancellation and they delivered them. I then understand that you returned the items to them. Who paid for the return? Do you have evidence that you attempted to cancel and that they refused?