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Hi CAG Members, 

 

I have been reading the forum for quite a while now and have been silently chasing up Parcel2go for a claim.

 

Back in January 2020, I sold TV on eBay and used services of Parcel2go to send it who eventually used Hermes to deliver TV, it was properly packed in original box with all the protective foam but when the TV was delivered it was like the box have been kicked and dragged and inside the screen was broken I have pictures for both the occasions before leaving me and when it was delivered which clearly show neglect by couriers based on the condition the TV was delivered.

 

I took out insurance while booking the service not reading or realising properly that they are offering compensation for loss only and not for the damage, when I tried to claim the insurance through parcel2go they came back with this line that the insurance was for loss only.

 

I escalated the complain and then sent PAP to them saying that they need to compensate otherwise I will be going to small claims court for this matter and they always came back saying sorry there is nothing they can do about it.

 

Eventually I opened up a case at MCOL and got a response from P2G offering 100 pounds for the loss (total loss was 288 Pounds), so need an opinion is it worth taking it further or take the 100 pounds and close this matter here.

 

I have attached their response in the file , any help will be highly appreciated.

 

Thanksparcel2go response.pdf

 

 

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Please can you tell us the value of the TV. The value that you declared.

Also, please can you post up your claim form and their defence.

When I ask you to tell us the value of the TV, I'm referring to the price that you sold it for on eBay.

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The total value for which the TV was sold 255 (sorry I typed 288 earlier) and 25 pounds were added in MCOL so 280 pounds in total the claim is for 

 

I am uploading the claim form in this post and have already uploaded their response in my post earlier still will upload again. 

 

Thanks

MCOL Claim.pdf parcel 2 go response.pdf

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I notice that this claim is issued on 7 April. That means the return date for an acknowledgement and also for defence have passed some time ago. Have you logged onto money claim online and attempted to apply for judgement?

If you haven't then you should do so immediately – assuming that you have not received any defence.

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No I have not received any defence, the only correspondence I got from them is the one I uploaded which was on 15th May 2020.

 

How do I apply judgement ? I mean I have to apply through MCOL ?

 

Thanks

 

 

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I'm assuming that you issued your claim using moneyclaim online? In that case you shouldn't hang around you should go in immediately and apply for judgement. If they haven't filed a defence then you should have applied for judgement 14 days after issuing the claim. Do it now.

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10HRequesting Judgment using Money Claim Online (MCOL)


If the defendant has not responded to your claim within the allowed time, or they have sent you an admission form and you are willing to accept their offer of payment, you can request judgment via the MCOL website

.
Please note that the defendant can still reply to your claim until the court has processed your request. If the defendant’s reply is late but arrives before or even on the same day as your request, it will have priority. It is your responsibility as a claimant to make sure you enter the right type of judgment. If you do not do so this may lead to the judgment being set aside.


Step 1 & 2 – Guidance and Type of Judgment


Log in to your MCOL account and select the relevant claim from the claim menu. In the Claim Overview, select ‘Request Judgment’ from the available options. From the first screen (Step 1 of 8), read the guidance carefully and then select continue.In Step 2 you will need to choose whether you are requesting ‘judgment by default’ (the defendant has not filed a defence or admission to the claim) or ‘judgment by acceptance’ (the
defendant admits that all the money is owed). Remember, you can only request judgment by acceptance if you have received an admission from the defendant.

 

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If you want advice on your Topic please PM me a link to your thread

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What a shame. You could have applied for your judgement on the 22 or 23 of April and they would have then been left with tough decisions as to whether or not to challenge the judgement. I'm afraid you lost your main chance and now it gets complicated.

I suppose it doesn't make anything easier – but I have to ask you – why on earth did you wait? You had won the case

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I'm afraid that that might be the most prudent thing to do – assuming that the offer is still open.

Although you have only just found us – if you had come here earlier, we would have helped you draft a proper claim which would have stood a better chance of success. As it is I'm afraid that your claim is very poorly pleaded. Not your fault – you weren't to know. However, you are in a position now where it is a bit awkward for you to make additional arguments in terms of unfair terms and so forth which is probably where it will go if you want to stand a chance of winning.

Normally we never give up in respect of Hermes or Parcel2Go but this one is a bit touch and go – particularly because they gave you a very clear warning about the insurance you were buying. Not that you need insurance. I've always considered that simply paying for the delivery is quite enough – but they gave you a very clear warning that they could not guarantee against any damage to the TV because it is particular fragility.

Of course from what you say, it seems fairly clear that the box is so smashed up that anything inside it would have been damaged even if it was less fragile than a TV however, I think you've gotten off to a bad start and it might make it unduly complicated and so yes, against my normal instincts, if they're offering you a hundred quid then you have probably better take it. I think this means that you will have lost your delivery fee, insurance premium and also your claim fee so you're going to come out of it only marginally better – but I think that otherwise you are getting involved in something that maybe is going to occupy you and worry you and it's can take considerable time and even put in a position where you then have to pay an allocation/hearing fee which could be about 80 quid which eventually you might lose as well – and of course in that case you will be able to claim the hundred quid either.

I think probably your best thing to do is to reply to the letter and say that in order to bring the dispute to an end and because you don't have the time to deal with this kind of thing – but without admitting that they have any basis for their defence – you are prepared to accept the hundred pounds and to withdraw the claim.

It's up to you, if you're up for a fight then we will help you – but I think it's going to be risky

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thank you so much for your detailed response I will reply email accepting 100 pounds without accepting their defence, I know should have contacted CAG earlier but you learn everyday sometimes its the hard way :)

 

Thank you soo much for the help and hopefully ill have better luck next time or be more prompt when dealing with these companies..

 

Thanks again and stay safe :)

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I'll bet it is sticking in your craw – I'm afraid it is certainly sticking in mine as well.  I have a taste of sick rising in the back of my throat.  🤮

I'm sorry.

If they try to renege on their offer then come here

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lol it is specially when I got to know that I would have gotten all the amount back only if I had acted sooner and sensibly but oh well that's life :)

 

will definitely update if they renege or change offer

thanks 

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In fact the way to phrase your letter to them is something like

Quote

Thank you for your letter of X X X date containing an offer of £100 in order for me to abandon my claim.

I accept your offer.

Yours faithfully

 

 

Don't bother to pull the rest of the stuff I suggested above. Just keep it very simple as suggested here.

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Good Morning xxxx
Thank you for your email.
The details have been forwarded to the accounts team to process payment, please be advised payment can take between 5-7 working days to be received.
Once received please contact the courts to close this case.
 
 
 
 

Kind Regards

 

 

 

 

Got this response today so hopefully will

have the amount back.

 

thank you once again :)

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Thanks for the update.

Once again, not a great result – but in the circumstances probably about the best that you could easily hope for.

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