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Help required Taking Parcel2Go to small claims

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Hi I'm new here but would like to ask has anybody taken Parcel2Go to small claims and won?

 

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.

 

Its was delivered a couple of day later 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 operforming reasonable care and skill in delivering this item.

 

A last letter of action was sent and I'm now looking at a Notice of proposed allocation to the small claims Track which needs to be sent before 20 July.

P2G have sent 12 pages defending the claim

 

Any advise or help - Thanks

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Please post up the claim form and the defence in pdf format.

 

What is the value of the claim?


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Please post up the claim form and the defence in pdf format.

 

The value is £400

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Can we see the claim form please, with your personal details obscured? Our upload guide [click on the word] will help you.

 

 

HB


Illegitimi non carborundum

 

 

 

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I will be greatfull for any advice positive or negative for my chances of success

P2G.pdf

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They have made application for summary judgment on the basis that your claim has no merit...without costs......you must submit a witness statement in response with your objections and counter argument not less than 7 days pre hearing of their application.

 

You also have the option to make application to strike out or summary judgment against the defendants defence.

 

You must still submit your DQ in the meantime by the date stated.

 

Andy


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On the Notice of proposed allocation to the small claims Track.

 

You must by 23 July 2018 complete the small claims directions questionaire (form N180) and file it with the court office and serve copies on all other parties

 

Is this when I must submit a witness statement in response with my objections and counter argument not less than 7 days pre hearing of their application

 

Thanks Bryan

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Responding to your PM

 

" Notice of proposed allocation to the small claims Track which needs to be sent before 23rd July. "

 

This is the Directions questionnaire which you must complete and return to the court and defendant Solicitor by 20th July.

 

What are you referring to by the 6th July in your PM ?

 

Your response witness statement to their application must go to the court and defendants Solicitor 7 days pre hearing..once you know the hearing date.

 

Andy


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So complete the N180 Directions Questionnaire

 

Easy to complete...

 

Yes to mediation..all parties are expected to participate....irrespective.

Yes to Small Claims Track

State your local County Court ...you are claimant litigant they are defendant Business

 

1 witness...yourself

1.5 hours expected.

 

The rest of the form is self expiatory easy tick boxes.

 

Run 3 copies...file with the court to arrive by 23rd July...copy to the defendants Solicitor and retain 1 for your file

 

Use the following and complete on your PC...looks far more professional.

 

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

 

Thats all you need to do for now...the court will inform you with regards to their application separately ...whether they will deal with it at trial or a separate hearing.

 

With regards to further costs...you will have to pay an hearing fee if this gets past allocation stage and not decided before allocation.

 

Post here for further advice once you receive an Order from court re their application or if you receive a Notice of Allocation and we can advise further.

 

Regards

 

Andy


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I'm not sure if I'm coming in at the right time here but I would suggest the following draft when it comes to resisting the application for summary dismissal

 

Reply to the defendants application for summary dismissal of my claim

 

  1. The nub of the defendants defence to my claim is:
    That I did not take out an insurance cover to insure myself against their breach of contract or negligent handling of my property
    That their liability is excluded by their nonnegotiable standard terms and conditions
     
  2. The claimant refutes the defendant’s position.
  3. It is unconscionable that a contracting party can include in their standard terms and conditions a nonnegotiable term which effectively protects them from any failure to carry out their contractual duties or failure to take reasonable care
  4. Accordingly this term is unfair within the meaning of s.62 of the Consumer Rights Act 2015 because it is imposed by the defendant contrary to the requirement of good faith and causes a significant imbalance in the party’s rights and obligations under the contract to the detriment of myself – the consumer.
     
  5. Therefore the claimant respectfully asks the court to refuse the defendants application for summary dismissal of the claim and order that the parties should be fully heard at the trial of the matter

Statement of truth

 

 


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It's about time that people started to understand that courier companies who ask for extra money in case they breach their obligations or deal with their customers property in a sloppy way are effectively trying to sell you an extended warranty.

 

There is absolutely no difference between this extra insurance cover and an extended warranty. It's a complete con and I don't understand how come the culture has been allowed to develop so that almost everybody in the country believes that they have no rights if they don't purchase the extra insurance.

 

It is very clear to me that it is the courier company providing the service which should insure against their own failings. After all, almost any other business does. Restaurants carry insurance to cover their losses in the event there is some kind of food poisoning. Factory owners carry insurance in case their employees are injured while they are working. It's only retailers such as PC World and Currys and the rest of that shabby lot who are prepared to sell you an item and then say you will have to pay extra to cover you for its repair in case it breaks down. Of course they keep very quiet about your statutory rights under the Consumer Rights Act.

All the courier companies are at exactly the same game. Pay us to deliver your goods but if we cock it up, you will have to pay us extra to compensate you properly.

When did this all come from? How did this happen?


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Thank you for your reply to defendants application for summery dismissal of my claim, shall i send this together with the form N180 and serve a copy on to P2G

Thanks

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Have you received notification from the court re their application ?

 

They have requested without a hearing..but im sure this will be denied and a hearing date must be set.

 

Evidence for the purposes of a summary judgment hearing

CPR 24.5

 

(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –

 

(a) file the written evidence; and

 

(b) serve copies on every other party to the application,

 

at least 7 days before the summary judgment hearing.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24#24.5


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No I have not received notification from the court re their application

 

I was concerned from a previous post stating

 

I'm not sure if I'm coming in at the right time here but I would suggest the following draft when it comes to resisting the application for summary dismissal

 

Thank you Andy, I will just send off the form

Notice of proposed Allocation to small claims Track.pdf

Edited by dx100uk
Merge

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Thank you for your reply to defendants application for summery dismissal of my claim, shall i send this together with the form N180 and serve a copy on to P2G

Thanks

 

If there is not to be a hearing...and you need to check with your court...you can submit and serve your witness statement response with your DQ.

 

If there is a separate hearing then you should submit and serve it separate.

 

The format of your statement should be the same as the defendants statement...use that as a template and respond to each of their points and counter.

 

You can use the draft provided by Bankfodder in post #11


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Add the following intro to the above....

 

I ******, being the Claimant in this case will state as follows; I make this Witness Statement to oppose the Defendants application for Strike Out/Summary Judgment pursuant to CPR 24.5 (1) a&b.

 

The nub of the defendants defence to my claim is:

 

That I did not take out an insurance cover to insure myself against their breach of contract or negligent handling of my property

 

That their liability is excluded by their nonnegotiable standard terms and conditions

The claimant refutes the defendant’s position.

 

It is unconscionable that a contracting party can include in their standard terms and conditions a nonnegotiable term which effectively protects them from any failure to carry out their contractual duties or failure to take reasonable care

 

Accordingly this term is unfair within the meaning of s.62 of the Consumer Rights Act 2015 because it is imposed by the defendant contrary to the requirement of good faith and causes a significant imbalance in the party’s rights and obligations under the contract to the detriment of myself – the consumer.

 

Therefore the claimant respectfully asks the court to refuse the defendants application for summary dismissal of the claim and order that the parties should be fully heard at the trial of the matter

 

Statement of truth


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Yes.....dont forget to check with your court......will this application be dealt with at allocation or will there be a hearing.

 

But go a head and file a copy with your DQ in the meantime.


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With reference to #15 does this answer your question 'Have I received notification from the court re their application

 

Thanks Andy

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With reference to #15 does this answer your question 'Have I received notification from the court re their application

 

No...thats nothing to do with their application.....thats simply for allocation and DQ.

 

If there is to be a separate hearing...and there must be for this type of application you would receive a General Order or Notice of Hearing re application to strike out.


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Always...file (Court) and serve (Defendants Solicitor)


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