wrote in message
news:43vpu3hbffb35hnov5asckm398v0dq78po@4ax.com...
> If two parties go to court and it boils down to one persons word
> against another, how do does a judge decide?
> Is it a case that they don't decide since there's no proof?
>
> This relates to a mobile phone cashback claim.
> I sent two claims in one envelope (but I've no photos etc..) but they
> say there was only one.
> My guess is they lost the 2nd set of papers.
> I'm wondering if it's worth my time pursuing this.
>
> TIA
The judge normally decides whose evidence is more credible and rules
accordingly. If they can't do that, chances are they shouldn't have been
made a judge. However, it is for you the claimant to prove your claim on a
balance of probabilities. Nobody would expect you to photograph contents of
an item of mail before sending it, so it's a case of examining the other
party's procedures for handling mail and, if you can, show that they have
mislaid items in the past. Not particularly likely.
What I would do is continue to insist that you have sent both items, examine
the terms of the offer to check any get-out clauses as regards postage, and
if all looks OK, send them a Letter Before Action stating your claim and
giving them, say, 21 days to respond. Issuing a claim will cost you £30
minimum, but it may be that if you do that, they'll pay up because it would
cost them more than that to defend.
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