EVRi Drivers stole approx. 80 parcels and claim submitted, court date issued (Replacement thread)

[skyfella]

So, we have now added all the item details to the spreadsheet and completed all the details on Particulars of claim(except first line, "Case Name" which I assume is My Name V EVRi)

So what should be in the "court bundle" along with those 2 items, should there be copies of the newspaper articles, and I assume copies of any emails that may seem relevant, what about phone logs showing time spent on phone and number of calls made.  Not sure what else may be relevant?

[BankFodder]

The bundle should include anything that you think you're going to rely upon if it comes to trial. It certainly seems that the newspaper articles will be useful – especially if you have evidence to show that the abandon items include some of yours.

You will be relying on the consumer rights act so you should include section 57 and also section 72.
Also include references to the unfair Contract terms act 1977 in case they decide to challenge you on the basis that you are a trader and not a consumer.
If there are exchanges between you and EVRi where they have admitted loss et cetera then you should include those.

 

However, I suddenly realise that at the moment we are trying simply to give them information which should have been included in your original claim. Therefore your particulars of claim will be headed: "Better Particulars of Claim"    and you should send it to EVRi and also a copy to the court.

Make sure it is properly headed with the claim number in court name et cetera and the title of the case a company with a letter

Quote

Dear Sir/Mdm

Case number XXX – case name 

Please find enclosed a more detailed particulars of claim in respect of the above case together with a spreadsheet print out which this all of the items and their value which you agree to deliver that which you lost or you are allowed to be stolen.

I'm sending a copy of this to the court.
I'm also creating a certificate of service.

If you feel that in respect of these further particulars of claim, you wish to make an additional defence or modifying existing defence, then I will be pleased to receive it.
If you do this then I suggest that you also send a copy to the court.

Yours faithfully

Signed

Make sure that the spreadsheet is also headed with the name of the case, the name of the court that the claim number so that if it becomes separated from your better particulars, somebody will be to match them up – we hope.

Post a final draft of the particulars here before you send it off. Also a final draft of the spreadsheet.

Post them off this weekend by special next day delivery. Some were on the County Court website there is a form for a certificate of service. You should generate one of those immediately and sign it off immediately and keep it safely. Send a copy to the court with their copy of the particulars and also the spreadsheet.

Once you've done that then come back here and we will set about the court bundle.

[skyfella]

On 28/07/2023 at 15:09, BankFodder said:

Also include references to the unfair Contract terms act 1977 in case they decide to challenge you on the basis that you are a trader and not a consumer.

Just putting everything together, for sections 57 and 72 there is a concise short statement regarding the acts which I have printed, but  the Unfair Contract terms below is a very big file:

Unfair Contract Terms Act 1977

WWW.LEGISLATION.GOV.UK

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An Act to impose further limits on the extent to which under the law of England and Wales and Northern Ireland civil liability for breach of contract...

When you say include reference to this act what should I include, just the opening statement of the act or more?

Thanks