Thank you, Bankfodder. Here goes ... - On 26th May 2023 I contracted with Steven Lock and Nathan Lock (trading as SJL Home Improvements) to re-roof part of my house for a price of £36,500. SJL Home Improvements is not a limited company. - The work was carried out over the following 3 - 4 weeks. - When the work was finished I suspected that the job was poorly executed so I commissioned a qualified roof surveyor to inspect the work and report. - The surveyor inspected the roof on the 5th July and his report dated 6th July confirmed that the work was far short of a reasonable standard of competence in almost all respects and in its current state presented a serious public health safety risk. He recommended that the entire job was re-done by competent and accredited roofers. - On 7th July 2023 I informed the defendants that the job would have to be re-done and that I was taking legal advice how to proceed. I sent the defendants a copy of the report. The defendants offered to come back to the house to fix the faults. I declined their offer since I now realised that they did not have the professional skills to undertake the job and in view of the critically dangerous condition of the roof the surveyor had recommended that I have the roof re-laid by a different and accredited firm. - Between 20th July and 18th August the roof was stripped and completely re-laid by a firm of professionally qualified roofers. - On 7th August a firm of local solicitors which I had consulted sent a letter before action to the defendants outlining the basis of my claim and asking for a full refund of the contract price (which had all been paid). She asked for a reply within 14 days. - The defendants emailed back to the solicitor reiterating that they were willing to attend to rectify the work themselves. There was then no further contact from them at this stage. - On 18th September (by which time I had taken over conduct of the case in the interests of saving costs) I wrote again to the defendants with a second letter before action. My letter was in effect an expanded version of the letter the solicitor had previously sent with some further explanatory detail. It also contained a further copy of the surveyor's report, a full suite of the quotes I had received for the rectification of the work by another firm (all of which had by then been accepted, performed and paid for except for one, which I was unable to proceed with at this stage due to lack of funds). - My letter before action (as mentioned in the last bullet point) reduced the amount claimed to approximately £16.5k damages under any permutation of the following three heads: i) damages in lieu of recission on account of the defendant's written misrepresentations that they used only qualified roofing operators and that they were "proud members of Check-a-Trade" and "My Builder" (they didn't and they weren't) ii) damages at Common Law for breach of the express terms of the contract, iii) damages under the Consumer Rights Act 2015 for breach of the "reasonable care and skill" terms implied by s.49 of that act. In addition I inserted a further head of claim under Tort law for conversion of the roof tiles they removed from the site without my permission. - On 22nd September the defendants telephoned me and again offered to come and sort out the problems with the roof. I advised them that it had all been done and it remained only to settle-up financially between us. - In the absence of any further contact from the defendants, I initiated online proceedings resulting in the issue of a claim on 5th October. The claim was for the £16.5k damages as explained in my letter of 18th September, plus court fees of about £850 plus interest. The claim was deemed served on 10th October - On 17th October I started to become concerned that in my initial claim I had identified the defendants by name, but had not included their trading style (t/a SJL Home Improvements). I was keen that any award I might eventually get would be enforceable against the defendants on a joint and several basis, and that I should therefore have specified the partnership name in the claim. - On 17th October I applied on Form N244 for a Judge's permission to amend and re-serve my claim with the inclusion of the trading style. The application could not be made online and had to be by paper copy letter to the Civil National Business Centre. I have heard nothing about the progress of this application despite calling the CNBC twice to enquire about progress. Eventually the online progress checker showed that a bar had been placed for the defendants on 13th November, which I take to be an indication that this application is now being processed. - On 23rd October the defendants filed an acknowledgement of service. - On 24th October I received a letter from the defendants' solicitor advising me that they had accepted instructions and asking for an extension of time until 16th November in which to file a full defence . I agreed to their request. - On 3rd November I received a letter from the defendant's solicitor containing a without prejudice offer to settle for £9000. I declined the offer by letter dated 13th November. - On 14th November I received a phone call from the defendants. They wanted to negotiate a settlement to avoid the need to file a defence and ultimately go to court. After some discussion I said that I would agree to an amount of £15k by way of settlement and I would also be open to instalment payments over a short period. They were due to meet their solicitor the next morning at 9.00am to discuss next steps. I said I would let them know my precise requirements before the meeting with their solicitor. - Later that evening I texted them my precise requirements for the amount required in settlement and the schedule of instalment payments. - Within minutes they responded saying that was acceptable and they would ask their solicitor to put together an agreement embodying those terms. - The next morning (15th November) at 9.30 am I got a text from the defendants saying they couldn't get the money together for that amount over that payment schedule and they went on to propose a lower amount and a longer schedule. I responded by text declining their revised offer. - On 15th November the defendants' solicitor wrote to me enclosing a full defence to my claim, saying he had also filed it with the court. Because of the bar in place on the online proceedings (see above) this defence does not appear to have been processed yet. - On 16th November I wrote to the defendants' solicitor pointing out that his clients had already agreed terms for settlement and payment the evening before his meeting with them. In the circumstances I did not believe they were in a position to file anything other than part acceptance of my claim. In view of their contractual commitment to settle on the terms discussed, the full defence appears not to be legally competent. - I have had no reply from the solicitor despite a reminder on 21st November. - The MoneyClaim Online process does not, as far as I am aware, provide for the claimant to notify the court that they have received a satisfactory offer in settlement. I am concerned that if their solicitor continues to ignore the matter of the contractual offer and acceptance, then when the bar is lifted the court will process the solicitor's full defence and the arrangements for contractual settlement will be unknown to the court. How should I proceed to ensure this cannot happen?

Hello, to all. This is just meant by way of a brief introduction - as requested on the home page. I am a private individual and I am in the early stages of bringing a MoneyClaim Online action against a firm of builders who did some substandard work at my house. The builders have hired a solicitor, but I am hoping to manage the claim myself in order to minimise costs (because I am aware that I might never actually get paid, even if I get a judgement in my favour). There is a fair bit of Gov.UK -source guidance online about the MoneyClaim Online process and the relevant Practice Directions are all there to read, but I can't find the answer to my problem there, so I thought it would be worthwhile to consult on this forum where there may well be actual real people who have encountered this difficulty. I have had a good nose around the forum and can see loads of good information, but nothing that quite addresses the sticking point I have at the moment, so I'll jump right in ... I issued my claim for £16.5k using the online claims process. On the day before the period for response expired I got an email from a firm of solicitors saying they had accepted instructions to act on behalf of the builders, and would I agree to a three week extension to allow them to file a defence. I agreed to that request. I realise that is a week longer than they would have got if they had simply filed an acknowledgement of service, but I reckoned there was no point in being deliberately obstructive at this stage. A week or so later I got a letter containing a without prejudice offer to pay £9000 in full settlement. I declined the offer. I heard nothing more until two days before the extended deadline was due, when one of the defendants (it is a two-man partnership) called me up and explained that they were very keen to settle the matter and they had a meeting the next day with their solicitor for next steps. We talked for a while and negotiated. We ended up at a point where I said that I would be prepared to accept £15k in settlement, payable in instalments. I said I would text him the details in time for his meeting with his solicitor at 9.00 am the next day. This I did, settling out the amount I would accept and the precise dates and amounts of the instalments. He texted back saying that was fine and he would get his solicitor to put together an agreement to formalise it. Next morning at 9.30 am I got a text saying they they couldn't manage that amount over that schedule of payments and offering a lower amount. I texted back declining their suggested variations. The next day I get an email from the solicitor with an attachment of a full defence to my claim. I wrote back telling him that, maybe he wasn't aware of it but his clients and I had agreed full and clear terms for a settlement the day before their meeting and in the circumstances I didn't see how they were in a position to file anything other than a part admission given that they were contractually bound by the agreement we had made. I provided him with my minute of the phone conversation and with the exact wording of the follow-up texts. That was a week ago and I have heard nothing back from him since. He has been unable to file his full defence with the Court because there is currently a bar in place while the Court deals with my request to change some details of the original claim, but I am concerned that when the bar is lifted the court will accept his full defence and I have no way of telling the court "Stop! The Defendants and I have agreed a settlement". What do you think is the best way to proceed with this matter?

Well, here's a turn-up for the books! After receiving my written complaint P2G reiterated their "goodwill offer" of £100 and then again after they received my letter before action. I rejected both offers. The 14 days response period has not yet expired. However, today I got an email from the original consignee telling me my parcel has finally arrived. After six weeks in transit (between Shrewsbury and Norwich). Good news, in a way, except that I have already purchased a new replacement for the lost part in reliance on at least two messages from P2G (sent to me via their online claims handling screen) saying that a comprehensive sweep of Evri's depot has been carried out, the parcel has not been found and must now be regarded as lost. The new replacement for the lost part cost me £1700 including import taxes. So I suppose I no longer have an action against P2G for non-delivery. Do you suppose I have any other breach of contract action against them? Do I have an action under any other branch of the law (ie. not contract) since I have shelled out a considerable sum on a replacement part in reliance on their reports that my parcel must now be regarded as lost? Do you advise that I abandon my existing claim and commence another one under a different head?

Progress report to the forum: Having exhausted the Parcel2Go online claim process, under which I was offered the standard compensation of £20 plus return of my carriage fee. I sent them a written complaint, as recommended in this thread (post #7): See attachment "Parcel2go pre-action letter 1.pdf for a copy of my letter of complaint, which was served as a paper letter via Royal Mail. This produced a refund of the carriage fee within a couple of days , plus a separate email response containing an improved offer of compensation (£100) as "a goodwill gesture". I rejected the improved offer and, in line with the advice in the thread above (post #7) I sent them a pre-action letter as shown in the attachment "Parcel2go pre-action letter 2.pdf" . This letter was sent both via Royal Mail and as an attachment to an email to their "complaints" email address. We'll see what happens now. I suspect they will make me go the long way round for my extra £100. Parcel2Go pre-action letter 1.pdf Parcel2Go pre-action letter 2.pdf

Here is my proposed Letter before Claim: " To Parcel2Go.com The Cube Coe Street Bolton BL3 6BU On 9th August 2022 I contracted with you to deliver a parcel to a UK address using Evri as the courier service. The Parcel2Go reference number is P2G105868899. The parcel was not delivered. On 29th August you advised me that Evri had lost the parcel. Your contractual obligation was to deliver my property safely to the intended recipient. This is my notice under the pre-action protocol that, in the event that you do not reimburse my loss within 14 days, I intend without further notice to issue a claim through the Northants Bulk Court against you for the value of my property, being £200, plus carriage charges plus my costs. Yours faithfully" This has to go by regular post, doesn't it? Thank you for your continued support, though I do not appreciate the barbed response. We are all trying to learn something here ...

I'm confused. I read your post linked to above (Pre-Action Protocol for Debt Claims) before I registered with MoneyClaim. However, it appeared to me that the Protocol only applied to businesses claiming a money debt, whereas I am simply an individual. I concluded it did not apply to me and therefore proceeded according to the guidance in the thread "Small Claims Actions in the County Court : FAQs ; Work-in-Progress". Hence I logged-on to MoneyClaim, registered and started following the links and "Next" buttons to prepare my claim, which resulted in the claim document headed "Summary and Statement of Truth", from which an extract appears in my last post. I must have mis-clicked somewhere along the line since you say I have gone up the wrong procedural street? Re-reading the Pre-Action Protocol for Debt Claims, the requirements at Para 3 appear to be detailed, complex and onerous, but I see that you have suggested the use of a much-simplified letter here : Can I assume that I could make use of a similarly abbreviated letter? Do I need to append an Information Sheet and Reply Form as per Appendix 1 to the Protocol, and a Financial Statement form as per Annex 2? Many thanks for the continued guidance.

I have done a good amount of preparatory reading, I have opened my MoneyClaim account and drafted my Summary and Statement of Truth. Here it is : "On 9th August 2022 I contracted with the Defendant to deliver a parcel to a UK address using Evri as the courier service. The Parcel2Go reference number is P2G105868899. The parcel was not delivered. On 29th August the Defendant advised me that the courier had lost the parcel and invited me to claim compensation for my loss. On 6th September the Defendant offered me compensation of £26.91, which I have declined. This claim is to recover the actual measure of my loss, which I contend is £500, plus any charges and fees associated with reclaiming these sums." One point to note is that, as per my post - three posts above - I entered the value of my consignment as £200 on booking. This was simply a finger-in-the-air estimate, and was made with no expert knowledge of the market for second-hand car parts. To be honest, I didn't think that anything would turn upon the value I entered in that box, since I opted not to insure the consignment anyway. I have since contacted a number of specialists for this make of car and found out that my number was a significant under-estimate - a true value being of the order of £500 (I have documentary evidence). I have used the £500 number in my Summary of Claim since a) it seems that is a more accurate measure of my loss, and b) it gives me some headroom to negotiate if and when we come to mediation. Can you advise whether it is pointless to claim this amount given that my booking request quoted £200?

Fair enough. £200 it is then. Do you think I will encounter any difficulty down the road when I am asked to provide evidence of the value of my claim, since I will not have a receipted invoice for £200 in respect of either the lost item (which was removed from under a car bonnet, not purchased) nor for the replacement item (which was new and cost £1680)?

I am doing my preparatory reading as advised, and a point has arisen on which I would appreciate your view. In your paper "The Courier Industry and your lost or damaged property ..." (linked to above), you explain that the Courier must be given a fair idea of the size of the exposure it is accepting when it takes on your parcel. In the event of loss or damage, the claimants award will be limited to the value that he or she stated when booking the service. That is perfectly reasonable, but I find myself in a bit of a bind because of that rule and the way it operates in the particular circumstances of my case. My consignment was a part removed from a classic car and I was sending it to a specialist for repair. When asked for the value of the consignment there was no way I could furnish a real market value because: a) The part comes from an Italian car built in 1969. Second hand, broken replacement parts are more or less impossible to find. b) Even if I were to find a broken second-hand replacement, there is nothing to say that its value would be the same as my example which was lost. The value would depend upon the state of the replacement and the amount of work needed to restore it to working order. Of course, the actual state of my lost part would not be known until it reached the repair specialist and was stripped for inspection. Of course this never happened. Accordingly I entered an estimated figure of £200 when asked for the value of the consignment. Since the consignment has been declared lost I have searched far and wide for a used replacement, contacting all the specialist dealers in this country, but none of them has a usable spare. In the event I have been forced to buy a brand-new remanufactured unit from a specialist in Turin - currently the only place in the world from which the part can be sourced - at a cost of Eur 1550 delivered, plus £304 Customs duties and import VAT. The total cost to me is £1680. Whilst I appreciate there is an element of betterment in claiming the cost of a new part when the lost consignment was a broken used part, this is in fact the only course of action open to me if my car is ever to run again. On the basis that Evri should indemnify me against the cost of getting myself back into the position I would have been in if they had performed the contract satisfactorily I would like to claim the full amount and not be limited to the £200 estimated value of a part which proved impossible to locate. In your view, is my claim limited to £200 or can a claim for £1680 be sustained? Alternatively, should I claim for some value in between to reflect the avoided repair costs (which are an unknown, since the part never reached the repairer, but could have been anything from a couple of hundred pounds to over £1000).?

Will do, Bankfodder. Thanks. And thanks too to dx100uk. I'll report back here when something of interest has happened.

Hello, Forum. This is a familiar story of paying P2G to have a parcel delivered for me by Evri, and Evri have lost it. I have been through the process of trying to contact Evri (hopeless!) and opening a claim with P2G. A fortnight after my claim was opened, P2Gcustomer services advised me that the parcel was now confirmed lost and they started to process my claim. Their offer was received today and, as expected, comprises only a refund of the carriage fee plus £20 compensation, being the standard amount included in the carriage option I chose upon booking. My actual financial loss suffered as a result of the loss of my consignment is £1680. I aim to pursue this loss through judicial process and I'm encouraged by the success others on here have had when following the advice posted. I will open a Money Claim account and start working on my letter before action. My first question, though, is who should I proceed against? Should I issue my LBA to P2G, or would I be better off by-passing them and proceeding directly against Evri under the provisions of the Contract (Rights of Third Parties) Act 1999?