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Defendant courier insists no 'implied contract' for failing to deliver parcels


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Dear Forum Members - I am seeking help with a case I have started against a national courier who systematically confiscated several parcels which were on-line purchases from high-street retailers.  I argued that since the courier intentionally collected the parcels from the retailers, then sent me text and e-mail updates advising of the imminent delivery of the parcels, there was an 'implied contract' which was breached each time a parcel was not delivered.  In their defence received yesterday, the courier argue that there was no such 'implied contract'.  Of the 11 parcels involved, they have only managed to track two which they confirm are assumed lost.

 

(i) I have kept a comprehensive record of the chronology of events;

(ii) there is copious e-mail correspondence which corroborate my chronology including complaints which I filed;

(iii) the courier failed to respond to a 'Subject Access Request';

(iv) the courier failed to respond to the 'Letter before Action'.

 

My damages comprise time lost from taking time off to wait for the parcels in 2019 (the value of the parcels was refunded by the retailers). But for the fact that the courier promised specific delivery time slot, I would have not taken time off work to wait for the parcels and wold have saved myself leave days.  This was compounded by the fact that the courier's conduct was 'systematic' and apparently 'malicious' for what ever reason.

 

I would welcome comments, ideas, steer and any other notions which might guide me please.  Attached are my 'Particulars of Claim' and the recently received defence.

I look forward to hearing from you.

With thanks & best wishes. Maketa

 

Attached file:

 

img20201031_15563304.pdf

Edited by Maketa79
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Who is the courier?

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You need to tell us the story.  I'm afraid that the claim form gives almost no useful information.

 

You've been here since January and it's a shame you didn't come to us before starting this

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Thank you BankFodder for reading and responding to my post. 

(i) I'm sorry I did not mention the courier's name because I suspected there is a need to anonymise the case.

(ii) With regards to the 'story' I have, hopefully concisely set the scene in the Particulars of Claim, that is the gist of the matter.  The defence provided by the courier puts their case from their side. 

(iii) I try to seek help as a last resort in view of how busy people are I tend to fear that I might be a bother.

Perhaps you might help me by pointing out where I might have missed a 'trick' please. I would be most grateful for your help.

Edited by Maketa79
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If you want to save us all a lot of time, you can tell us the whole story in a chronology without too much narrative including who you are dealing with.

We really can't say if you have missed a trick until you lay it all out.

 

In terms of not wanting to bother us, - very noble, but it is less of a bother if you come to us first so that we can help you to get it right first go

 

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Thank you BankFodder for the feedback and learning; here is the chronology which encapsulates the 'story'.  All parcels listed below were never delivered (for no apparent reason - the reason stated on the messages I received was that 'customer has no knowledge of purchases' ) by the courier who I'm cautious not to name in case there are legal implications for me personally. This matter is now in the Court system. I would be grateful if you could please confirm that you have seen the defence.

Chronology

Retailer

Date goods ordered

Date goods collected from retailer & promised for delivery by xxxxxx

Comments / Breach of contract

Holland & Barrett

23/09/2019

27/09/2019

Parcels not delivered – returned to H&B

Debenhams

27/09/19

07/10/2019

Parcels not delivered - returned to Debenhams

Holland & Barrett (re-order)

01/10/2019

07/10/2019

Parcels not delivered – returned to H&B

Debenhams

29/09/2019

01/10/2019

Parcel not delivered - returned to Debenhams

Debenhams

29/09/2019

01/10/2019

Parcel not delivered - returned to Debenhams

Debenhams (re-order)

01/10/2019

07/10/2019

Parcel not delivered - returned to Debenhams

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I'm very sorry but this is very scant information and it certainly doesn't lay out the story in the way that I asked. Also there is absolutely no reason why you shouldn't identify the courier. as long as you are straight dealing and honest then it is better to bring things out in the open. we don't play secret squirrel here or get into any skulduggery.

we are very pleased to help you and support you but you will have to lay things out in the open so can we can fully understand and provide us with the information that we have asked for

 

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