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Everything posted by BankFodder
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When you refer to the last version of the N1, are you referring to the one which you posted up here last Friday at 1:30? If you are, then that is the one that I have already commented on. I was hoping that you are going to produce another version which would be more factual, more succinct, in numbered paragraphs – and less emotional. At least that lot. I also asked you if you had reported the matter to the RSPCA. Is there some reason that you haven't responded to this question?
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The level of insurance is relevant only to the extent that where it is insured, a value has been declared. It is the declared value which is relevant. If the post office accept an item for which the value has been declared at £200, then it is reasonable to hold them responsible for the loss at a liability level of £200.
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And for the record, an example of "consequential loss" might be where the item is lost and so the purchase of the item is unable to fulfil some other commitment to somebody else that they needed the item for. That would be consequential loss and it is almost impossible to argue it to the extent that it might be recoverable.
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UPS/Packlink Parcel Lost - Claimed Raised on MCOL
BankFodder replied to jbradbu1's topic in Postal and Delivery Services
Yes. That's what I tried to explain you yesterday morning. I'm not sure that I suggested anything else. If you have a comment to make about a particular paragraph then you comment on it – but in the order that the paragraphs are presented to you and you don't start jumping around skipping paragraphs and then going back again. It has to be in an ordered and structured way so that it makes sense to – a judge, for instance, reading it. -
They clearly have got some adults to prepare their defence for them. I don't think you need to worry too much. Also I'm not sure that they are telling lies in the way that you suggest. I think that they are presenting a certain interpretation of the facts. It will be helpful if you could lay out in a bullet pointed chronology – a point by point explanation of exactly how the transaction went. No narrative please. In terms of the defence, there is now nothing to do until you get the directions questionnaire. You can decide either to go to mediation or to go to trial. Let us know when the DQ arrives
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UPS/Packlink Parcel Lost - Claimed Raised on MCOL
BankFodder replied to jbradbu1's topic in Postal and Delivery Services
Sorry but this is a bit all over the place. You start off by making your comment on paragraph 2 of the defence – that's fair enough but then you dart over to paragraph 10 and comment on that and it is only several paragraphs later of your reply – at paragraph 8 – that you then get on to referring once again to the defence but this time your addressing paragraph 16 of their defence. You need to deal with each paragraph of their defence point by point – in the correct order – one point at a time. We can't move on until you do this -
Letter Of Claim for death of cat now Court Claim received.
BankFodder replied to danyboy72's topic in General Legal Issues
we asked you on Friday to comment on each allegation contained in the claim – point by point. Not only will you need to do this for us but you will need to do it for your defence and for the court. If you'd rather not do it then I'm not sure that we can help you -
Letter Of Claim for death of cat now Court Claim received.
BankFodder replied to danyboy72's topic in General Legal Issues
If you feel that the claim is unfounded then yes of course then you must reject it all. Do you have any doubts about that? Do you think that anything they are saying is correct -
UPS/Packlink Parcel Lost - Claimed Raised on MCOL
BankFodder replied to jbradbu1's topic in Postal and Delivery Services
As far as I can see – paragraph 2 you are disclosing far too much evidence. You should really restrict yourself to saying that you reject the defendant's assertion that you do not enjoy third-party rights. The text of the 1999 act is clear. You are discernible beneficiary and therefore you enjoy rights. You put the defendant to proof and to explain why they think that this statutory provision does not apply in the circumstances. Something like that. As soon as you start giving detailed reasons – then you are providing them with hints as to how to counter what you have to say. Keep your powder dry. Try to restrict your responses to their defence to the bare minimum. Enough to give the court pause for thought but no more. The suggested text that I have given above simply challenges them to put their money where their mouth is. In fact they have played the trick on you by giving you minimal information and drawing you out in your arguments. Don't fall for it. -
UPS/Packlink Parcel Lost - Claimed Raised on MCOL
BankFodder replied to jbradbu1's topic in Postal and Delivery Services
A quick note on the format: when you do a reply to the defence, you should refer to each paragraph I number So: "of paragraph 1 of the defence… The claimant admits that the Defendants name should have been UPS Ltd. Not UPS (UK) Ltd.… Blah blah blah" "Of paragraph 2 of the defence… Et cetera blah blah blah et cetera" Of paragraph 3… Et cetera et cetera If you wouldn't mind doing that and reposting the document. I won't be able to read all 25 pages but I shall make some comments on the relevant parts – your statements -
Not at all surprising that they got their defence in. If you had managed to get the application for a judgement in you might have succeeded though it wasn't certain. However, when deadlines set – don't dawdle. You say that they filed their defence – but you haven't posted it. If you want to go for mediation – then of course that's up to you. Very good to have read the mediation summaries here. We would suggest that you stick out for the last penny but of course that is a decision you have to make. If you do hangout for the last penny and they refuse then you will be headed for trial. We expect that you will win but of course this will add further delay and you will have to pay the hearing fee – although you will recover this if you win. Complete the DQ – and return it to the court and copy to yodel. Post the defence in PDF format
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Letter Of Claim for death of cat now Court Claim received.
BankFodder replied to danyboy72's topic in General Legal Issues
Well you haven't left anybody very much time have you? The first thing you need to do is acknowledge the claim and that will get you an extra 14 days. Do that straightaway and let us know that it has been done please. Secondly, although we've had your story generally on this thread, please can you respond to the allegations contain the particulars of claim – point by point. Not too much narrative please just simply bullet pointed short statements – paragraph by paragraph -
Your particulars of claim should be factual and should really contain the minimum of facts – simply sufficient to establish or cause of action without going into unnecessary detail at this point. Much of what you have put here is to be substantiated by medical reports. Do you have medical reports to support what you say? I'm not sure that failing to socialise the animal – walking on interior floors et cetera is going to be recoverable unless you get a veterinary report which says that that would be expected and that it would be in breach of any normal contract for an animal if this had not been carried out. I'm afraid that your assertion – however moving it might be – that the animal is in danger of being euthanised if it was returned, is probably not something that has any legal basis and is not going to produce a judgement from the court. I'm afraid that this particulars of claim is far too involved. Far too emotional. Much of it is not based on any kind of recoverable cause of action. Some of it is speculative and you would not be able to prove it. I'm afraid the fact that the breeder may be affluent has no bearing on your entitlement to damages. Your assertion that she is well aware that the animals may be born with costly conditions is surmise – even if it might be true – are you able to substantiate this to a satisfactory standard? I'm afraid that this particulars of claim are so disorganised that you will effectively be handing a victory to the breeder and of course the court will find it very difficult to disentangle the story and you will lose credibility. The fact that she fails to show pups with their mothers because of some excuse – is neither here nor there. The important thing is that she didn't show you the pup with its mother and you accepted this. You would have to have firm evidence of the fact that she was deliberately misleading you and that she was not telling the truth in respect of the reasons why she said that she could not show the pup with the mother before you could bring any action on this. It's clear that you feel very strongly about the whole thing that I'm afraid that that is not enough in a court of law where a judge is being asked to make a decision. The allegations you're making are really a matter for the RSPCA welfare and for the kennel club – or whatever other authority there exists for these kinds of animals. If you were able to show that the RSPCA welfare had taken an interest and had applied sanctions then this would be a good piece of evidence for you then to bring a court case. Have you contacted the RSPCA about this? Have you contacted the kennel club or any other authority in respect of this? Is this some particular breed which has some kind of club for this particular breed of animal? They might well be interested and they may be interested in taking action.
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Letter Of Claim for death of cat now Court Claim received.
BankFodder replied to danyboy72's topic in General Legal Issues
Yes – exactly as my site team colleague @Nicky Boy has requested. Read a single document – single file multipage PDF. Please count and in the correct order and the correct way round and in a way that you would like to receive a document if you are giving help to somebody else free of charge. Thanks -
Please will you post up an original copy of the claim form in PDF format. Redacted for identifiers. Please you also post up the copy of the denial that you sent them in PDF format. Was this the defence document which you filed or something else? Please can you also post up PDF copies of the bills that you have received – let's say, the last two of them. Once again redacted for identifiers. You say that all of their claims are based on estimated readings. Is this correct?
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To keep things in perspective – there is no point in compromising on anything – not even a penny. This is only a very small part of the total claim and you are simply testing the water. If you give up something now without dealing with all the other claims, then you are laying down a pattern for the future. I think really this is simply your opportunity to bring to their notice that there are a load of other similar claims on the way and that they can deal with more now or in court at a time of your choosing when you decide to bring the claim. Don't forget that you have six years from the date of their breach.