thank you Andyorch

Been away for a couple of weeks and came home this letter from the courts Dated 6th July. Looking back on my previous posts it was safe to say I was in a panic because I didn't receive the call from the courts due to some technical problem. The last comment where it says "failed to notify the courts of an alternative phone number" I have attached a copy of an email sent 30hours prior to the hearing with an alternative number to my landline number. Also I have attached a screenshot of my partners phone of me trying to contact the courts on the day because some half hour had passed without hearing from the courts. Can I appeal this? docs3.pdf

point taken

was i meant to be part of a telephone conference call between them the courts and myself?

managed to speak to someone who said they did try to call me on my landline but nothing rang, I have a Blink camera situated near the phone which hasn't picked up the phone ringing. It has picked up me entering my house at 1431hrs which is evidence I was on my property awaiting this call. I've been told I need to phone the courts tomorrow.

getting very worried no phone call yet and I'm trying to phone the courts from another mobile

yes a big difference as the one she just posted is like a brochure style T&C the ones in the witness statement is the credit card agreement and no T&C

This arrived twenty minutes ago via email, anything I do? Dear All, I act for the Claimant, Creation Financial Services Limited, in the above-mentioned matter. It has come to light that an incorrect copy of the agreement was attached to the Witness Statement of Sarah Louise Hancock dated 119 march 2021. A correct copy of the terms and conditions are attached. The defendant is cc’d into this e-mail by way of service of the above-mentioned document. I apologise for the lateness of this document and ask that the court could place this before the judge in readiness of the hearing today at 3pm 9reading time from 2:30) Kind Regards Sarah Hancock Agreementpdf-V1.pdf

I thought ignorance would be better as I'm not a pro some judges have a little bit of leniency towards that.

Its not fatal to your defence but it does give them opportunity to come at you and provides ammunition to discredit your statement. How should I respond to this if I'm asked?

Good Evening Guys and Dolls, yesterday received this email from Shoosmiths with these attachments unfortunately the court bundle is 24mb but contains statements, letters, telephone logs ...etc. There is their bill which is ridiculous and unjustified as I responded to them in all sincerity for help and an offer thereafter that they came at me with all guns blazing. Obviously I have to go to court and defend myself which I'm very capable of and won't fold under pressure just because a bloke in a suit thinks he's important and wants me to respect him. I will obviously be respectful to the judge but believe me I will give the beaks a tough time. What do I do with this lot? docs2.pdf

OMG! Andyorch this is an amazing piece of work thank you very much

Brilliant thank you very much Andyorch

Scan20210605134212_Hearing_Application edited.pdf

Just going to redo it, I think it was taken down because the pdf editor didn't work

the hearing date is 17th June, still trying to draw up my witness statement so in my post #55 that's all I can come up with to put into my statement but not much of a legal challenge.

Good Afternoon, received this letter yesterday from a company within the same offices of Shoosmith, any idea why these people are contacting me too? Scan20210605125321_Enviro edited.pdf

Their witness statement is full of lies especially the section marked "Stay on Proceedings" because:- 14th February 2020 - they has failed to mention that I responded to their request with a letter, financial statement and supporting documents outlining my pre-pandemic financial situation due to my partners serious ill-health and other issues that effected my money situation. 19th February 2020 - They returned my original documents 20th February 2020 - They requested how I was going to sustain the monthly payments 25th February - I responded to their request. They failed to produce any enforceable agreement They have been relentless in their approach to get me paying more money that I can afford although no formal demands have been made to increase payments they have adopted ruthless methods to get me to comply with their wishes. Harassed me with constant phone calls in work - please see their phone logs in their defence pack to date all monthly payments have been met (although not formally agreed) and no payments missed would that lend weight to some sort of agreement. On grounds of hardship...maybe??? Post pandemic and my financial status has not worsened nor has it improved with both mortgage companies increasing monthly payments to recoup payment holiday. I have agreed with other creditors for reduced payments to clear non-essential debts Partner has not been able to commit to full time employment and often takes extended periods off from work due to ill-health. claimants N244+WS .pdf

they have agreed to accept it but they want to know how i am able to sustain the payment though there is a monthly deficit of £391. I sent in financial statements and continued from Feb 2020 to pay them £2 a month so in other words they have not accepted the my proposal even though I'm paying it? cheers

so the Skelton Argument is the Witness Statement? DX has stated there is no Enforceable Agreement also does the fact they accepted a payment plan of £2 a month have any bearing on this? many thanks

I’ll give it a miss to be honest, I’ve got a lot more going on than to worry about 37.50, I’ll put it down to “every days a school day”. Thanks for your help BF as always invaluable and knowledgeable.

Yes they still have it and still up for taking it off my hands. I’m not sure that I’m entirely to blame for the packaging, when it left me the driver was happy it was sufficiently packed, on a previous occasion the very same driver refused to take something because he’s wasn’t packed to the correct standard. Ever since I have packed everything correctly. So from leaving me to the buyer something happened to the packing and item, more than likely dropped. thanks

Yes they still have it and still up for taking off my hands

I need to get back to the buyer and see if she can provide any more images. I have attached the first message from the buyer concerning the damaged packaging and item. Ebay Chipper.pdf

Appreciate the help, here is the email sent when I first instigated the claim:- Siraj Adrian Tamang (ParcelHero®) 14 May 2021, 10:33 BST Dear, I am really sorry that your parcel has been damaged during transit, I will do everything I can to help you submit a claim for the damaged items. First, we need to assess the level of damage to the packaging and the items inside your shipment, and we do this by reviewing photos of the damage. Occasionally we may also need to arrange a physical damage inspection of the items and packaging, in order to process your claim. Please do not move the damaged parcel from the delivery location or discard any of the packaging materials, as it may affect your claim. Secondly, please submit the following information to support your claim within 14 calendar days of the delivery of your item (The date of delivery being considered as day 1) Clear images of: a. The external packaging, and especially any visible damages to this material. b. The internal packaging (showing how each item was packaged), including any damage caused. c. Any damage to the item/s inside the parcel. Any other supporting documentation or information you wish to provide to support your claim (for example; if the goods were packaged in the original manufacturers packaging this information is very useful to support your claim) I will then review the evidence you send me, and respond within 7 working days to confirm if a physical damage inspection will be required. Then what? 1. If a physical inspection of your goods is required, it can take up to 14 days to arrange for your goods to be collected, examined and then returned to you. 2. If the packaging is found to be sufficient and we accept your claim, we will send you a claim form which you must return to us within 7 days. 3. Once we receive the completed claim form back, it will then take up to 14 days for us to process your claim and issue payment. Once again, I’d like to extend my sincere apologies to you and assure you that we take every claim very seriously. At ParcelHero® we are committed to providing the very best service possible and this starts by only working with the best global carriers in the world, and it ends with dedicated customer care when you need our support. I will move forward with your claim as soon as I receive your images, and I will do everything I can to ensure this matter is resolved to your satisfaction I look forward to hearing from you. Yours sincerely Siraj Adrian Tamang ParcelHero® Claims Department