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Help required Taking Parcel2Go to small claims


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You serve a copy on the defendants solicitor...not defendant

We could do with some help from you.

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This is the Claims senior supervisor

 

Well to whoever drafted and signed that witness statement....you should also note that they may not legally be allowed to submit a statement on behalf of the defendant...having failed in the first paragraph to declare under what capacity they are acting..or legally allowed to act.

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Not in the copy you uploaded...it states that at the end in the statement of truth.

 

 

1. At all material times the defendant was a company........

We could do with some help from you.

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Refreshed eyes.....yes they have included at 1 in the second " Proof of Evidence " statement...in which they refer to an application.

 

Have you actually been served with an N244 Application Notice ?

 

Has an application actually been made..you need to check with the court ?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

Andy

We could do with some help from you.

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  • 2 weeks later...
  • 4 weeks later...

I've Received a N157 Notice of Allocation to the small claim Track with a hearing date set in November. Anybody advice i would really grateful on how to submit my case.

My case is:

I instructed P2G to pick up and deliver a very heavy 33kg Subwoofer speaker to my address without taking their extra insurance.

It was delivered a couple of days later very badly damaged with broken corners and a grill that was recessed into the unit.

I'm taking them to SCC under section 54 of the consumers rights act 2015 holding them of negligence and in breach of contract by not performing reasonable care and skill in delivering this item.

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So nothing materialised with their application ?

 

Okay N180....

 

Yes to mediation...allows them to settle the claim before proceeding further and further costs to you.

Yes to Small Claims Track

State your local County Court.

1 Witness .....you

1 hour

 

The rest is self explanatory tick boxes.

 

Run 3 copies...Court /Defendants Sols/File

 

Use the following and complete it on screen...looks far more professional.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

We could do with some help from you.

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No...simply advised you how to submit the n180.

 

You have submitted your claim.....anything further you wish to add will come later in the process..after allocation (n180) Witness statement.

We could do with some help from you.

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I’m trying to prove neglgence due to the weight and heavy damage it sustained during transit

Any advice ?

 

Read up on res ipsa loquitur.

 

However breach of contract is perfectly adequate and is the preferred route here

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I’ve previously completed the N180 form and have now relieved a N157 form which is titled

Notice of allocation to a small claims court (Hearing).

 

I have a hearing date set for early November

 

Ah okay so now you must comply with the court directions by the dates stated within the N157.

We could do with some help from you.

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  • 2 weeks later...

Can anybody help, assist or recommend me how to prepare a case on breach of contract due to negligence and P2G not providing a duty of care. I have provided photographs on the damaged speaker to see the extent of damage

Parcel2Go.pdf

 

Is anybody interested in this or should I consider that it's not worth pursuing

Thanks

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Simply run with the defendants statement and respond accordingly and refute their points...your statement is simply a particularised version of your particulars.You dont need to prepare a statement on breach of contract and negligence...your evidence speaks for itself in support of your claim.

We could do with some help from you.

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Just popping in and out again.

 

 

It is my understanding that even if you did take out extra cover, they wouldn't pay out as they then claim the items were on the naughty list of things they won't carry.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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