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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Insurance co help please ....


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Need a little advice please

 

My house got burgled on the 19th December 2006 (the day before I was due to go away on holiday) and it got burgled again while I was away, (between xmas and new year).

 

Filled in the claim forms early January. Got a couple of letters from the insurance co , Zurich and met with a loss adjuster (appointed by Zurich but not actually a Zurich employee) in February. Had a couple of letters off them then it all went very quiet, I ended up calling Zurich and was told I would have to see yet another loss adjuster. I had a meeting with this (a Zurich employee) loss adjuster early May (was like being interviewed by the police, had to sign each page like a statement).

 

Had still not heard anything else from them by early July so I wrote a letter of complaint. I had a telephone call from them on Friday 13th June saying they had acknowledged receipt of my complaint and had responded by post but as we had a postal strike on that day I would not receive it until a day late (I had given them 5 working days to reply in my complaint letter) , in the same call they went on to blame the delay on the floods !!! and informed me that a letter of offer had actually been sent out 22nd May (strangely enough before the floods ! ! ) . I had not received this letter which is strange because I received renewal reminders off them on a regular basis.

 

I had them re-send the letter of offer out which I have received today, the offer is a little under 2/3 of the original claim amount.

 

Do I have to accept this offer ?? if not what is the procedure for rejecting it ?

 

In light of the complaint (even the complaints investigator was at a loss to explaion the delays) which I believe would be upheld. Should I accept the offer , carry on with the complaint and hope for compensation, the difference between the offer and the original claim amount ??

 

Sorry for the long winded post but wanted to get as much detail in as possible.

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Hi Andy,

 

From my experience of compenstation only £20 is usually offered, so I will not concerntrate on that.

 

However from a claims perspective, regarding the settlement amount, you need to ask how they have come to that figure. I think that they have worked out how much it would cost to replace your goods through their preferred suppliers (where they get a hefty discount), then added a further discount for cash settling it.

 

If you are happy with receiving cash (which will not provide real indemnity), then you can appeal against the amount, and they might increase it a little, however, you are entitled to have the goods replaced - and I would recommend this way. All you need to do is to ask for the goods to be replaced through their suppliers. If they disagree, post back and I will advise further.

 

Good Luck

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Thanks for the reply , I dont really want the goods replaced as the whole thing has made us decide to bring forward our move abroad by a few years. So wil really want to replace the goods in Spain ....

 

Basically if they had offered this ammount within a reasonable time of the claim then I would accept it, but in my mind they have "dragged" it on so long that the actual cost of the goods now (mainly electrical) has come down considerably.

 

I want appeal against the ammount they have offered but am not sure of how to go about it ..

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I can't believe how long they have taken to handle your claim, it's outrageous! I had to claim after a burglay in November 2003. I was insured with the Halifax at the time and it related to £1000 of goods. They approved the claim almost instantly and advised me to contact Empire Direct to order replacemet items. Within 48 hours my repalcement goods had been delivered.

 

I think you have very good grounds to formally complain as 7 months to process this is unacceptable.

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