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BankFodder last won the day on April 9
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Evri lost 2 parcels approx. £600 (part 2)
BankFodder replied to jmxo's topic in Postal and Delivery Services
Absolutely normal. They do their best to waste your time and also the time of the courts. It doesn't cost them anything. It costs you and it costs the taxpayer so what do they care? -
Very sorry but with the best will in the world, I don't think we can at all understand what the situation is here. Please can you try rewriting this on a word processor and maybe send a copy of what you have written to a friend and working out together so that the story is complete but as brief as possible. Maybe a list of dates as well. If you can do that and then repost your story we can have a look
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Send them a letter of claim straightaway. No point hanging around. Given 14 days in the letter of claim and if they haven't paid you by then, issue the claim on day 15. The amount of time is more than adequate for them to get going. Post your draft letter of claim here. A look at. Then log onto the MoneyClaim website and start preparing your claim and post your particulars of claim here for us to have a look at. Don't bluff. No point in it.
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Channell J in Prudential v Commissioners of Inland Revenue [1904] 2 KB 658 gives a broad definition of insurance. Digital Satellite Warranty Cover Limited [2011] EWCA Civ 1413 confirms that extended warranties are insurance must be regulated. Over 90% certain that the parcel delivery companies parcel protection schemes are "insurance" and that they are unregulated and therefore the parcel delivery companies are committing an offence by selling it. Regulated means that the insurance is authorised but possibly exempted from certain conditions by the FCA. Notice that on all the parcel delivery companies websites, they are at great pains to avoid using the word "insurance". But in all probability that is what it is. A defence to the offence of selling unregulated insurance is that you exercised due diligence and this would mean that the parcel delivery companies would have to show that they had sought and received counsel's opinion that what they were doing is completely lawful. The fact that they are selling unregulated insurance to a certain extent is a sideshow because it still doesn't permit an exemption to section 57 of the consumer rights act. So in other words, even if it was regulated insurance – they would still be contrary to section 57 of the consumer rights act and also section 72 as it is an attempt to limit or exclude liability for failure to exercise reasonable care and skill
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I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee. However, it is almost inevitable that you will get the interest. It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases. I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
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