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Hoxton

Parcel2go / Hermes lost parcel. Small claims procedure

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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.

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please don't hit Quote...just type we know what we said earlier..

 

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I've read through those threads. None of those cases ended up going to court, P2G folded eventually.

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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.

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Sorry to hear this Hoxton...its what we refer to as the Judge Lottery. There are good ones out there with a full understanding of the legislation but the ones that look human and wear clothes that have no idea or grasp of reality or common sense sneak through.

 

If and when he does personally encounter the same dilemma he may have a better understanding of how the Consumer Rights Act 2015 works and its intentions of how consumers should be protected.

 

Andy


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I see that I contributed to this thread in February but I'm afraid that a lot has been happening since then and I rather lost track of it.

I'm very sorry at the result. I agree with @Andyorch that there is a judge lottery and you drew a short straw. However, I'm not sure that I ever saw your claim form. Did you post it up?
I suppose it won't come as any great comfort you now, but I think that if you had argued section 72 of the Consumer Rights Act dealing with the effect of secondary contracts which seek to limit a person's rights in respect of the main contract, that you might have attracted the interest of the judge.

 

I think you would have stood an excellent chance of an appeal – but I suppose it is too late to appeal.
 

 


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