A to Z cargo Services (Bolton Sea & Air Cargo)-missing parcels has this happened to you ?

[gezwee]

yes, thanks. I have added him as individual. Another step I am stuck on online claim:

 

a)

 

You are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here

 

- I have already sent him reminder to give my package or money back with no response. should I check this or not...

 

What was the form/content of the notice you sent him? Was it headed as a Letter before action or was it worded in such a way that it could not be mistaken that proceedings would be effected if no satisfactory response?

 

If he's already on notice that a claim is impending [and aware of the facts] then all you need to do is file the claim, they'll serve it on him.

b) Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below.

 

Yes, interest pursuant to county courts act S.69......... don't ask, don't get

 

Not sure on this, I am on work visa with no recourse to public funds..

 

Thanks,

 

Hope that helps

 

Gez

[MARTIN3030]

The interest as with all of your claim has no bearing on your visa.

[upendrab]

Hi Gez,

 

It was just reminder letter that I lll proceed with legal action if he doesnt respond in 15 days, and then similar reminders. not a notice about a claim... that mean I should click yes then....??

 

"Yes, interest pursuant to county courts act S.69......... don't ask, don't get "- did you mean interest on the amount of claim due to delay in giving my money back...

[gezwee]

Hi Upendrab

 

Any letter/notice before action [whether headed as such or not] should contain the value of claim/damage, the event, and request their proposal/s for settlement by a given date.

 

If you're sure it included all details that will form your particulars then you've complied with pre-action protocols. If you're not sure you've covered everything in your correspondence then you need to start again with reasonable notice [7 or 14 days depending how generous you feel] prior to filing.

 

Yes, interest from the date that caused you financial damage

 

Gez

[gezwee]

Just a few questions that come to mind:

 

1. What was the total value of consignment?

2. Did you effect any additional all risks marine insurance?

3. What was the total w/m of the consignment [weight kgs/measure m3]?

4. Do you know the identity of the carrier [MSC etc]?

5. If yes to 4, are you able to check that they comply with Bifa/CMR or Hague visby conventions/rules?

6. Was an export entry completed?

 

Gez

[MARTIN3030]

I think that under the circumstances and from reading the thread,upendrab has exhausted attempts to get the money back,and that he would be considered to have adequately complied with requirements of pre action protocols.

We also have evidence that there are others who have also tried without success to recover monies owed for services paid that were not performed.

I think it would be a good idea for upendrab to get witness statements from those others affected and submit them later.

I would be happy to liase with the other people and reconcile the exchanges.

[gezwee]

Hi Martin

 

Upendrab has a pretty much undefendable claim for the breach/total failure of contract, however....... if the defendant submits a partial defence for damage/loss pursuant to Hague Visby limitations this would effectively limit the liability to rate of SDR [special drawing rights] in effect at that time..... something iro £8.00 per kg.

 

I don't say its right.... but its what the dj on the day will have to consider.

 

If the defendant can produce a waybill and entry for the export he's effectivelty mitigated the claim to the limit of HV

 

Alternatively, if Upendrab can show that there was no intent to export the consignment........... that's another matter altogether.

 

Gez

[upendrab]

1. What was the total value of consignment? its around 3k pounds or more

2. Did you effect any additional all risks marine insurance? no

3. What was the total w/m of the consignment [weight kgs/measure m3]? on the reciept its 64 kgs

4. Do you know the identity of the carrier [MSC etc]? nope

5. If yes to 4, are you able to check that they comply with Bifa/CMR or Hague visby conventions/rules? I dont know..

6. Was an export entry completed? not sure

 

Its a private cargo service which sends good by ship, the guy advertied at a asian shop with leaflet( I have one with me), we called him and he packed the stuff in bags, and sealed in front of us, and gave us invoice, we paid in cash...

 

He might be dealing further with some carrier but I dont know, he is not responding to my calls but he does stay at the same address quoted on his leaflet.

[upendrab]

this package was addressed to my home in India. so from preston to India...

[upendrab]

I have sent him reminder notice as direct by consumerdirect.gov, I have case number as well which i quoted on all correspondence with him and the letter was drafted from the sample consumerdirect provided to me- does include all that you have stated on this thread..

[gezwee]

Excellent stuff......

 

Have you worked out exactly how you'll be pleading your case yet or is the text [poc] still being worked on?

 

Gez

[upendrab]

I have all the required proof, know a bit on "The supply of Goods and Services act 1982" which I will quote in my request to court, sent warning letters to the defendent( i have Royal mail track reciept). I have never been through legal hassles in court so its my first time. Not sure how to present my case in small claim, but I should be able to write a decent plea... Is thr any documentation available online to pursue this...?

 

Thanks,

[gezwee]

Hmmmmm..........not entirely sure its necessary to get too deeply into SOGA at the filing stage, you could save that for the hearing [if it ever gets that far]

 

It may be simpler to state that the defendant entered into a binding contract on payment of fee, failed to fulfil the contract and failed in their common law duty of care to your goods.

 

There's probably a few pocs kicking around on here somewhere that you could edit to suit.

 

Have a go at putting something together and post the text up on here [less identifiers]...... I'm sure you'll get all the help you need to ensure nothings missed.

 

If you get stuck just shout and I'll have a dig through my archived stuff later to see what I can find.

 

Gez

[upendrab]

sure, Ill post it here(minus identity) for proof read... and thanks so much for all your advice... I think without the help of this forum I would not have even bothered to continue so far..

[MARTIN3030]

Good.

One of the disadvantages of MCOL is the restrictions on characters,so anything over the allowed count means it has to be sent sep by surface mail.

Agree with Gezwee,this is a breach of contract and there should be enough to rely on this as the basis of your claim.

[upendrab]

sorry, bothering again. I am trying to get as much as info as possible to put clear facts/figures to the claim court. I have got his sample online, is this the way POC should be written..

 

IN THE BIRKENHEAD COUNTY COURT

 

Case No.

 

BETWEEN

1st Claimant

 

2nd Claimant

 

and

 

Defendant

 

 

PARTICULARS OF CLAIM

 

In or around January 2002, the first claimant, obtained a brochure from the agent for the Defendant to select a quiet and peaceful holiday in Europe.

The description of the hotel and resort in the Defendants brochure was “the Fiesta Oasis Paraiso is a large hotel in the quiet resort of Playa Paraiso. The secluded location makes it ideal for a relaxing winter break” The brochure went on to say that the hotel would suit those seeking an “away from it all location”.

Myself and my wife, the 2nd Claimant, were looking for a quiet resort where we could take a relaxing break. The 2nd claimant was recuperating following a lengthy illness and a quiet resort was therefore essential.

After looking at the brochure and the descriptions of the various resorts, on behalf of myself and the 2nd claimant I decided to book a holiday. On or about the 8th March 2002 I booked a holiday, via the Defendants agent Travel House, with the defendants for a holiday to Playa Paraiso in the Hotel Fiesta Oasis Paraiso at a cost of £808.00.

li>On arrival at the resort it became immediately apparent that the resort was not a quiet resort. The noise levels which emanated from the numerous construction sites situated all around the hotel was more than significant. There was a constant high levels of noise from jackhammers, heavy plant machinery and other associated building noise. This noise commenced approximately 7.30am and continued throughout the day into the evening.

 

We promptly complained to our holiday representative. It took three days for us to actually speak to, Pollyanna the holiday representative as she was out of the hotel on other duties. She informed us that she was aware of the problem and that the Defendants in the UK were also aware of the noise problem. I attach a copy of the complaint form completed at the resort, form reference number 159489. This document is marked ‘C1’. Pollyanna offered the opportunity to change rooms but we declined as this would not have alleviated the problem about which we were complaining.

Due to this continuous, ongoing loud noise it was necessary for us to leave resort each day and visit other parts of the island. This was not conducive to the relaxing break that we were seeking and caused loss of enjoyment of our holiday, significant further expense was incurred in this regard in taxi fares etc. and overall general disappointment.

It was clearly indicated in the Defendants brochure that this resort was a quiet and peaceful resort. Myself and the 2nd Claimant relied on this description. In accordance with Regulation 6 of the Package Travel, Package Holidays and Package Tour Regulations 1992 this is a term of our contract which was breached.

In the circumstances I and the 2nd Claimant seek compensation for breach of contract in the total sum paid for the holiday in the sum of £808.00 plus compensation for the loss of enjoyment, inconvenience and stress which arose as a result of the Defendants breach.

 

I, the 1st Claimant, believe that the facts stated in this claim are true.

 

Signed …………………………………………. PRINT NAME

 

Dated ………………………………………….. 2003

 

I, the 2nd Claimant, believe that the facts stated in this claim are true.

 

Signed …………………………………………. PRINT NAME

 

Dated ………………………………………….. 2003

 

 

Thanks for your valuable time..

[gezwee]

Yep, thats the sort of thing.......... if a lttle long winded for MCOL

 

Limit of 1080 characters on-line so you'll need to keep things short and sweet.

 

Bullet points and short paragraphs will be the order of the day, you could start the layout like this:

 

1. On [date] the parties entered into a contract for transit, the contract identified the departure [collection address] and final destination [delivery address]

 

2. The consignment was collected on [date] and the agreed fee was paid to the defendant

 

3. .............. fill in the gaps from here, value of goods, whether the contract was fulfiled, whether the defendant has engaged in correspondence, any proof of carriage [seaway or airway bill] .....

 

Type it all up and we'll try to squeeze it in to the 1080 characters allowed

 

Gez

[upendrab]

grt... thanks so much.... I know this guy might be a [problem] artist as there are various others who have suffered, but they are afraid of going to court (popular belief in asian countries) as no one wants hassles and wants to sort the issue with negotiations and coming to a common point. I do hope this court claim might open door for others as well who have suffered. I have contacted the one I know and some are afraid to be a part of this...

 

I have high hopes on court of law, hope it remains.

 

Regards,

[upendrab]

sorry, the address whre it was collected- e contract identified the departure [collection address] - this was my friend address and he no longer stays here? should I still quote the same addresss?

[gezwee]

Glad to help........ and I understand your concerns, not always just a simple case of litigating. Although to be fair, I think you've been very generous in the time you've already afforded him to resolve this.

 

Gez

[gezwee]

sorry, the address whre it was collected- e contract identified the departure [collection address] - this was my friend address and he no longer stays here? should I still quote the same addresss?

 

Yep, matters not....... as long as the details in your poc are accurate

 

Gez

[upendrab]

thanks much...!

[gezwee]

Sorry upendrab, wrong thread

 

Gez

[MARTIN3030]

?????????????

[gezwee]

?????????????

 

Check your Yahoo e-mail account you were using at crimbo u donut. Tried to PM you but it was bouncing as full

 

Gez