Parcel2Go & EVRi Loss - court claim issued **SETTLED BEFORE HEARING**

[supernick90]

Intend to use moneyclaim tomorrow since 14 days has now elapsed. Is the following OK for my circumstance? Taken from another recommendation you made.

 

Quote

The claimant used the defendants parcel delivery service on 19/11/20 to deliver a package from Birmingham to an address in London. Defendant's reference number P2G81124647. The parcel contained a laptop sold on eBay for spare parts total value £180 - full details have been provided to the defendant in the initial complaint which they declined. The parcel has been lost by the defendants - a breach of contract and negligence. The claimant seeks damages of £180 plus interest per section 69 County Courts act 1984 plus costs.

 

Many thanks

[BankFodder]

Are you suing Hermes or P2G?

[supernick90]

P2G as per your recommendation earlier in the thread.

[BankFodder]

That's fine, but you can't alleged negligence against them. The negligence was committed by Hermes so you will have to remove the reference to negligence and simply sue on the basis of their breach of contract

[supernick90]

Will that be sufficient to succeed do you think? 
 

Or would it be better to go vs Hermes?

[BankFodder]

No. It's fine

[supernick90]

Claim lodged today through government website.

 

Parcel2Go has until 4pm on 25 January 2021 to respond to your claim. They can request an extra 14 days if they need it.

You can request a County Court Judgment against them if they don’t respond by the deadline.

 

I expect the next step is that Parcel2Go contact me offering next to nothing, which I will of course reject.

 

Will keep you updated on progress. Thanks for your ongoing advice.

 

 

[BankFodder]

I don't expect that P2G will contact you at all. I expect that they will acknowledge the claim with intention to defend and then they will file a defence at the last minute.

Then you will be required to complete a DQ and sent an additional fee if you decide to continue. They will probably indicate that they want to go to mediation and if they do then you should agree.
Read up on the sub- forum about mediation and how it normally goes.

 

[supernick90]

OK thanks. I'll wait to hear back initially.

I suspect the situation may make them more likely to defend fully - i.e. only needing to attend on the phone or via video.

[supernick90]

Just to update you:

 

The defendant has requested more time to respond

Parcel2Go has requested an extra 14 days to respond. They now have until 4pm on 8 February 2021 to respond.

You can request a County Court Judgment against them if they don’t respond by the deadline.

 

What is the expectation now?

[BankFodder]

This is entirely normal.

They will file a defence at the last moment.

 

However, keep an eye open on the deadline – you never know they might fumble it.

[supernick90]

If they were to miss the deadline and I was able to file a CCJ before they file a defence, what are the steps then?

[AndyOrch]

You can request judgment...if they do not file a defence by the date stated. The above simply means that they have acknowledged service and therefore get an extra 14 days to submit their defence.

[BankFodder]

2 hours ago, supernick90 said:

If they were to miss the deadline and I was able to file a CCJ before they file a defence, what are the steps then?

 

Haven't you read up on this forum about the steps involved in taking a small claim in the County Court?

Would be grateful if you did read them please. It will make you more confident and it will save a lot of repetition here

[supernick90]

I have read the 

4 minutes ago, BankFodder said:

 

Haven't you read up on this forum about the steps involved in taking a small claim in the County Court?

Would be grateful if you did read them please. It will make you more confident and it will save a lot of repetition here

 

I have read a lot of the posts, yes.

Was more asking what do we expect to happen? I'd imagine a setaside would be pointless due to the cost vs the claim amount?

[BankFodder]

Yes, you are probably right

[supernick90]

They missed the deadline.

I requested a CCJ. I gave them until the end of the month to pay. I hope this was reasonable.

[BankFodder]

Well done on getting the CCJ. However, you should enforce the judgement as soon as you possibly can. There's no reason to give them a month – or to the end of the month.

I don't know how long it will be to actually receive a copy of the judgement but I would suggest that on Friday you instruct bailiffs to execute the judgement.

 

[supernick90]

I didn't want to appear as if I was being unreasonable. Perhaps should have just gone for immediate payment.

I don't think I can change it at this point.

 

I ideally don't want to risk incurring any more expense that I won't be reimbursed for through the case itself. Is bailiffs going to do this?

[BankFodder]

Incidentally, you should be aware that even though you have applied the judgement, if they suddenly put in a defence before the judgement is actually granted, then their defence will take priority. So be prepared to wait a little longer to be sure. But as soon as you sure you should going and get immediate payment.

 

[supernick90]

Also:

 

Parcel2Go can no longer respond to your claim using this service - they may have responded by post.

It’s possible we received a postal response before the deadline but hadn’t processed it when you requested judgment.

 

It’s possible we received a postal response before the deadline but hadn’t processed it when you requested judgment.

[BankFodder]

Sorry is there something when you apply the judgement that you give them time to pay? I didn't know that.

Well if you have indicated on your application for judgement that you are giving them extra time then I suppose you are bound by it. However it's not something that you should have done

In terms of being unable to enforce judgement, you are dealing with a substantial company here and eventually there won't be any problem and you can be certain of getting all of your costs back – as long as they don't suddenly put in a defence.

The cost that you would recover would be including the cost of putting in the bailiffs which I think is about £60

[AndyOrch]

There is...you should have opted for forthwith 

[supernick90]

Yes it gives 3 options:

Immediate payment
Payment by a specific date
Payment in instlalments

 

Considering there is still a chance for a setaside, or for a defence to be filed, I just wanted to ensure I appear reasonable to the court. Perhaps wrongly!

[BankFodder]

Maybe you should have given them an opportunity to pay instalments of 50p a month - the poor dears.

I don't understand your generosity to them. They are merciless with you – and they are merciless with thousands of their other customers who have their property lost or destroyed – and I don't really understand why you simply don't go in and get your money. After all they've put you to a huge amount of trouble.

I'm not sure at this stage what advantage there is in appearing to be reasonable.