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    • @BankFodder the police officer has contacted aviva her response below she has asked  them to hold on the money front      AVIVA have replied and i have requested to put the request for money on hold so fingers crossed this request is accepted.
    • damn!!   start another thread it's war i have an idea what has caused this then   can you copy and paste this text as your 1st post please (was post 1 from the old thread)   ....................................   I am a regular (many years)  P2G user and selected them to use Parcelforce 48 service to send a gazebo I sold on eBay.  Parcelforce 48 have an automatic max £100 compensation for lost items.   Parcelforce lost the item. P2G state the £100 compensation Parcelforce offer within their price, does not get reimbursed to them, so they can't reimburse it to me. However, it would have been reimbursed to me had I used Parcelforce 48 direct, rather than go through P2G.    It seems rather strange that when I pay P2G to buy Parcelforce 48 service on my behalf, they buy a different service which excludes the automatic compensation.   They also lost another £40 parcel (which I did not buy additional insurance for, because it was an excluded item).   They also broke an item prior to delivery (which the addressee rejected as it was clearly a damaged parcel). The thing is, if a parcel is rejected by the addressee, what should they do with the failed delivery?   In this case they threw away the parcel and 'broken' contents rather than return to sender and refuse to compensate me because I (again) did not buy the additional insurance.   I have escalated the rejected claims and they agreed as a gesture of goodwill to reimburse the postage costs for all three items. (I would have expected this as a matter of course) .    Clearly many will consider I should have bought the extra insurance. I often do, but feel the extra costs involved would be greater than the odd loss ( having never had a loss in a couple hundred sendings), I only pay extra on certain items.   I feel a summons coming on, so would be happy to receive any ideas. Even if P2G have a rock solid defence regarding my lack of buying insurance, I still fancy testing their resolve and seeing if they fancy a hearing.      After escalating my claims, they agreed to refund the postage costs only.   I have therefore issue a Notice Before Action for the value of the lost items £180.   Notice Before Action Dear Sir/madam You have lost the following items. 1)      1 2)      2 3)      3   I understand you eventually accepted liability for these lost items and have agreed to reimburse the postage costs but not the values.   You suggest this is due to my failing to take out additional insurance.   I am not prepared to accept your position and shall be issuing a summons on 18th August for £180, should you choose not to reimburse the values allocated to the items you have lost.   In particular: Item 1) This parcel was damaged by your courier and rejected by the addressee. It appears rather than return the parcel and contents to me, your courier decided to throw the item away. Thus the item has become lost, and therefore (due to my not paying extra for insurance against loss), you have chosen not to compensate. Do you seriously expect to ‘lose’ an item on purpose by throwing it away, and then claim it has been lost and therefore not covered?   Item 2) This parcel was lost and I made a claim. During the period of claim, the parcel was found and began to track. Ultimately being delivered (according to an email to the addressee, at 1.41 am 19 July 2020). Clearly the parcel was not delivered at such a time.   You have subsequently suggested delivery was at a different time. Despite these suggestions of proper delivery, you have been unable to prove delivery at all, the addressee has confirmed he has not received the item and you have accepted the item is lost.  I do not accept you can be so careless as to lose an item twice.   When I purchased this sending through P2G, I selected Parcelforce 48 as the courier. This service has a compensation value of up to £100 for loss. This is why I selected them.   It appears however, you chose not to purchase this service from Parcelforce, but an alternative service purporting to be Parcelforce 48, but excluding the standard compensation.  This is not what I had purchased. I do not accept your claim that I should have paid extra for insurance for you to insure, when I had already purchased a service which carried automatic insurance.   Further, the service was supposed to be a 48 hour service. The parcel was not collected within the 48 hour period, let alone delivered within it.  I consider the delays in ensuring delivery within the expected timeframe would have contributed to the loss of this item. I hold you responsible for the loss.   Item 3) This item was also subject to a claim for loss. During your investigations, this item was also found and started to track. Messages advising  "Enquiry resolved", "INT Hold" and "Out for delivery”, suggest the item had eventually been found.   I do not accept you can be so careless as to find a lost item and subsequently lose it again, regardless of whether I had purchased additional insured.   Indeed, the option to purchase such insurance was not available as the item appears to have been excluded from such insurance.   Yours faithfully      
    • Lowell? Payday Loans? Byekkkkkkkkkkkkkkkkkkk - Thats not been seen before...
    • posts copied over  try posting here now it's war.   dx  
    • Well they have the formal phone complaint logged which is good. I have tried couple different apps, but it seems that apple is blocking the recordings and I am unable to make recordings.
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I’ll have a read through that topic & yes you did say that Andy

 

so CPR24 24.5 point 2 regarding written evidence in reply (I assume this applies to the secondary/ supplementary WS)

 

These documents received on Saturday, hearing is weds PM, does that constitute 3 days?

 

 

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👍🏻 Appreciated 

Sounds promising and as should be.....the laws are completely incompatible.....totally unsuitable for summary judgment as I advised....hence why all the claims made they always file for SJ because the

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I'm afraid it does constitute...but its not really a response...nor is it a supplemental.....simply and updated statement having the benefit of seeing your response.

This must be brought to the judges attention ....verbally...ask the judge to confirm which statement the claimant wishes to relay on ...Aug of last years or this weeks ?

 

That way you bring it to the judges attention.....if they have not filed with the court in time...but simply served you...then that second statement is inadmissible.

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Thanks Andy, you answered my next question as to how I would flag this.

 

So in this instance- Should this revision have been filed with the court 7 days before, or 3 days ?

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Well CPR 24.5 states...but what you have been served is neither...not a response or a SWS....so In my view it should be disregarded ...not that there is anything new or threat to your response....but get the fact over to the court...its not process.

 

2) If the applicant wishes to rely on written evidence in reply, he must –

(a) file the written evidence; and

(b) serve a copy on the respondent,

at least 3 days before the summary judgment hearing.

 

 

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Thanks Andy,

 

any other tips tips or advice ahead of this afternoon? I’m not really sure what to expect, so any pointers additional advice appreciated as always !

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So the SJ was app was dismissed, just, but the SO application re my defense- "stayed" I think is the right term, pending me submitting a further revised defense within 6 weeks revised to clarify / address a number of points

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Apologies I wasn't able to get on to the forum yesterday...well done on beating their application....if you could expand as to why the judge dismissed their application ?

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No problem Andy- Specifically, it was all a bit of a blur to be honest, in summary I believe he felt, as I asserted, due to the complexity it was not suitable for a SJ.

 

I’ll advise specifics once I have the exact details, as not to mislead.

 

I have to submit a revised defence,  contestable points specifically relating to relevant points in non compliance with CPR and the remedy sought.

 

It was clear that the judge was only prepared to review the case under merits of English Law, regardless of where the agreement was alleged to have been undertaken or the laws of that country.

 

 

 

 

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Sounds promising and as should be.....the laws are completely incompatible.....totally unsuitable for summary judgment as I advised....hence why all the claims made they always file for SJ because they don't want the claim to proceed to full hearing.

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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