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Everything posted by Hoxton

  1. I had my hearing today with P2G. The decision was not in my favour. To summarise: The judge didn't agree there was a breach in contract. He explained I paid for a service and at the time I refused, after being prompted multiple times, to protect my parcel I declined knowing the risks. He acknowledged that they failed to deliver my parcel however part of the contract was that if they lost my parcel they would reimburse me up to £25 but the full amount was not covered. Ultimately he said if I was expecting to claim the full declared value I should've paid for the extra insurance and by declining it I was only entitled to the amount included in the default cover. He ordered P2G to pay me out £25 as per their terms. He seemed to have made his decision before I even sat down. He put his understanding of the case to me and invited me to explain why I believed I had a claim. I quoted the Consumer Rights Act 2015: re. Services, which need to be done with care and skill. I mentioned that I believed it was negligent on P2G's behalf. I used the hot food analogy. I argued that P2G selling the extra insurance was a way to limit their liability and pass the expense to the consumer. To be honest I put forward all the points that have been mentioned here and in previous threads. Essentially he said if I had paid for the extra insurance and they didn’t pay out then I’d have a claim. In other words tough shit, pay for cover or you're screwed when things get lost or damaged. I'm now £700 down. Don’t mean to put anyone off going down the small claims route but here's my real life account of the outcome. Guess there is no justice and I feel like I've been done over for something which is not my fault. Faulty phone, failed delivery yet I'm the one left out of pocket.
  2. I've read through those threads. None of those cases ended up going to court, P2G folded eventually.
  3. So I never heard anything back from P2G in terms of a proper settlement offer. My hearing is on Monday. Don’t know if anyone here has been to court with a claim with P2G. If anyone has any advice, useful arguments or specific legislation to present to the judge then now would be a great time. Hopefully if I win it will set a precedent to these companies that try and hide behind these insurance clauses. Not too sure how it's going to go but I will put my views across as to how my contract was breached and the fact that it is not appropriate to pay for insurance to make sure they do their job and I shouldn’t have to pay to cover them from their own incompetence.
  4. All done. Witness statement and evidence now sent to the court (with explanation) and to the defendant. Just got to wait now I guess.
  5. Cheers for that Andy, I'll get on it. I will send copies via email tonight to save time to both the court and P2G. In terms of the evidence, can I use P2G's defence as a document? They have kindly provided a lot of the documentation I require such as the chat transcripts, emails and the fact I had declared the correct value and contents of the parcel. Thanks.
  6. Yeah I have re-read it now. At the time I didn’t think it was necessary as I am not actually relying on any particular documents. Anything that is relevant has been included in the defence of P2G. I will be challenging their T&C's and breach of contract as they failed to deliver my parcel. As such I wasn't sure what documents I would need to send and thought I just explain my view during the hearing. Same thing for the witness statement, what exactly is this meant to detail? Finally as mentioned above the deadline to serve documents was at the end of August. I only received P2G's latest defence and witness statement today. What can I do now to rectify the situation? I have been reading that a witness statement is not necessarily required?
  7. Do you mean the bit about the summary judgement? If so, it was on the defendants witness statement.
  8. I'm not sure what that is so I guess I haven't? All I've done is pay the hearing fee and been given a date for the hearing.
  9. Uh oh, not sure what to do here now. My hearing is due at the end of this month. I didn't think a witness statement was mandatory and didn't think it applied in this case. Looking at the court papers it says: 'Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 28th August 2019' I only received their latest defence and witness statement today, way past the August deadline. Am I thinking of the term witness too literally here? I have no witnesses. It is solely me involved with the claim.
  10. I received a witness statement today from P2G. They are using their T&C's to avoid any liability. There was one point which I wasn’t quite sure about. It states: 'The claimant's attention is drawn to rule 24.5(1) and if they wish to rely on written evidence, it must file the written evidence at court and serve copies on the Defendant at least 7 days before the summary judgement hearing' Do I need to present them with any documents? I haven't written a witness statement as I didn’t think it was appropriate. My understanding is that I defend my case in person at the hearing. I just need to know if I need to prepare anything now and send it over? Any advice is appreciated.
  11. Just a small update regarding my claim. Any advice, or comments, are of course appreciated. I have a hearing date scheduled for the end of this month (hearing fee has been paid). I received an offer from P2G which was simply the default insurance amount, the original postage cost and court fees. the exact same offer they made before proceeding with the claim months ago - Only difference is they have included my claim fees. I will be rejecting their offer and informing them of this. Is there anything else I should mention or should I just be blunt about it? I've got my court date and fully intend to see it out until then so unless an offer is made which satisfies the original amount + fees then I won't settle before.
  12. Thanks. My claim was considered served last week so just waiting for their response. Hoping for a favourable outcome at the end which, by the looks of it, may be a while.
  13. Hi, A Quick update. I sent my LBA on 18/03/19. I then had a response to my letter via email on 20/03/19. The email simply stated that as I did not opt to buy the extra cover to protect against damage or loss; P2G would only be willing to reimburse me the £25 standard cover and cost of postage (referencing their T&C's). They also stated this was their final communication on the matter. They have re-opened my claim and invited me to provide documentation to evidence the value of my parcel. This is pointless as they will only refund £25 + postage. Next steps.. I have already registered on the Money Claim site and have my claim ready to go. Some questions: 1. Do I need to respond to their email and reject their offer? 2. Do I still wait until the 14 days are up before issuing the claim or do can I do this now? Any advice will be appreciated.
  14. The value of the phone is £585. This was entered when I made the order as well as the contents of the package. I have all the required documentation to verify the value. The email from P2G says the following: Regarding compensation Our records show that you only took out protection on your parcel for part of the full value. That means that in the event that your claim is successful, you’ll get compensated for only the amount you were covered for. What happens next? To help us progress your claim as quickly as possible, you’ll need to upload supporting documents. View your case to submit the required information. Deadline to submit documents: 14/03/2019 I'd rather not go through their process only for them to tell me that they're willing to offer me £20. So, letter of claim with 14 day deadline? Yeah I understand that.
  15. Hello, I have recently been unfortunate enough to experience the bad end of when Hermes loses a parcel. A quick summary: I was returning a phone which was faulty back to Amazon DE for a refund. I had to pay return postage. Amazon said they will refund me up to around EUR 8 for postage. I then got a quote from P2G and the only service which would allow me to not be out of pocket was Hermes International. I put in the parcel details and the value. I did not choose to pay for their additional insurance as it was £30, in fact if I could go back in time I still wouldn't pay extra for their insurance. Some time went by and I still hadn’t received a refund from Amazon so I checked the tracking. It was as follows: 16/01/2019,20:17 Entered the Hermes network 16/01/2019 10:29 Dropped off at the ParcelShop 15/01/2019 18:04 Order placed Nothing after that. I then contacted Hermes who referred me to P2G. After chatting they opened an investigation as the parcel should’ve arrived no later than 24/01/19. I waited about 2 weeks and chased them for an update. Of course the parcel was not found. The next step is for me to submit a claim and supporting documents. They will however only offer me £20 as I didn’t take out the extra insurance. I will not accept that as I will need to recover the full amount of the phone. What is the best course of action for this? Do I need to go through their claim process (even though I know the resolution is not satisfactory) or can I just proceed with a letter of action? I have an idea of the small claims process but any links regarding a letter of action and what needs to be included etc. would be very helpful. Any general advice would also be great. Thanks.
  16. UPDATE So I went into another branch in town today (Manchester Arndale) with a copy of PC world's own Terms and Conditions and returns policy, and got the same issues. The incompetent and ignorant manager refused to refund me instore even after I had explained what DSR is and how i have the right to return it even if it has been opened. Argued for 15 minutes until security were called then left. I then took a 10 minute walk to the PC World in Ancoats (4th store now) where I finally found someone who was not only competent, but was aware and understand not only PC World's own policy, but the DSR as well. He processed my opened iPad which was bought online and proceeded to give me my full refund which I was entitled too. I explained the grief I got before and he told me half the managers don't know what they are talking about and don't understand how retails works. After he advised me to make it known that the other stores were not doing their job properly, and that I should report the stores and managers, I thanked him again and was on my way. I am persistent and refuse to let any company walk over me but it shouldn't be this hard to get a refund. I fully intend to take this further and make a formal complaint against the offending stores and through other channels. Any comments or further advice will be appreciated. To any Dixons group employees etc. who read this understand your workers need to be made clear of the law and you are not, or ever will be, above it. Step up and sort your **** out or get off the high street. In this day and age there is no excuse for bad customer service (non-existent more like) especially when other big retailers can do the job right, John Lewis for example.
  17. @citizenB I have read that but I can't seem to understand how that grants them the right to refuse to refund me. It has been less than 7 days, I have the original packaging and the iPad is brand new and has not been used. They said if it was unopened they would let me return it, so I i don't see why they won't let me return it the same way under DSR instore. It seems they want to fob me off as the store doesn't want to be responsible for the opened product. They love to make up their own polices such as because it's an Apple product or online is different to instore. All lies. As for a complaint to their CEO I need to get an address or email so I will look for that.
  18. Hi there. I recently ordered an iPad online via the PC world website and took delivery of it on Tuesday. I had opened the outer cellophane packaging to take a look inside, however the actual contents remain unused and are, of course, in brand new, factory condition. I have since changed my mind and wished to return the iPad under DSR. According to PC worlds Terms and Condtions regarding returns, I can return items via post or in an actual store. So I then went to a store yesterday only to be refused a refund in store as the item had been opened. After arguing and pointing out the returns procedure, making note of the DSR, I was still refused by the manager who was adamant he wasn't going to refund me. I then went to another store around the corner and asked a member of staff "Can i return an item I bought online, that has been opened, in store for a refund?" He said "yes, under DSR." This man was helpful, however I needed to speak to someone else to actually process the return. Of course I was also turned away with the same rubbish saying since it has been opened I need to return it online via collection or post. I said I have returned an item previously that I have ordered online (which had been opened) in store. Their reply "Yes, cheaper items are fine but things like iPads have a different policy". What a load of BS. Following that waste of time, I made a call to their head office CS who also don't seem to understand their own policies, only to be told the store will not refund me. The person then opened up a complaint against the store. This is from PC worlds website: Link: (can't post link due to post count but can easily be found on their website) Here are their T&C's regarding returns: I really don't know what to do now. Sure I can get a refund the long way via post but it is now a matter of principle. They're not only going against their own policies, but are refusing my consumer right to return my item. What action can I take to get my refund and more importantly how can I take this up further, and with whom, to make it clear thats these bad business practices will not be tolerated by consumers? I paid via my visa debit card, perhaps a chargeback is possible? Order total was £499 Any feedback or advice will be appreciated. Thanks for reading.
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