Summons issued against Parrcel2Go

[BankFodder]

Why did you bother to say that you are going to provide a more detailed particulars of claim?

[BankFodder]

Well I think that you are quite wrong. You should simply lay out the very basic facts of your case and then leave it to them to decide how they want to defend. That then gives you something to go on when you frame your arguments or make a reply.

Also your allegation that the courier through the parcel way is something that you have no evidence to support. You immediately give them an easy win on that point.

your basic particulars of claim was perfectly adequate and didn't need anything more

 

[BankFodder]

Do you have that in writing – that they threw the parcel away?

 

I suggest that you don't send anything else off before you have run it past us.

[BankFodder]

And I suppose that you don't record your calls and you haven't read our customer services guide

[BankFodder]

What's the point of giving you advice if you don't want to take it?

[BankFodder]

We shouldn't have to repeat the advice word for word for every new person who comes along with pretty well identical situations. It's plastered all over the the Hermes threads.

Anyway, you've told them that you will send further and better particulars. If you are, simply send them a note telling them that you consider that you have included all relevant information in the particulars of claim as originally filed and you wait the defence.

You will have to head it up – Particulars of Claim – with the name of the case and the claim number et cetera so that it looks like a particulars of claim. And you are going to have to sign off as a statement of truth.
You see how unnecessary all is and what a load of hassle it is.

You will also have to sign a certificate service.

You better get going now.

I suggest you pay more attention to what is said on your thread and also to other people's threads. I'm afraid that we are not able always to offer a tailor-made personal service. This is why you should read around and take a lot of your cues from the experiences of other people on this site and the advice given to them.

[BankFodder]

No, as far as I remember, you have to complete the certificate of service and then keep it safe on your file and then you would include it in your court bundle later on.

Have a look on the court services website and you will get more information. Maybe you could post it up here

[BankFodder]

No, you are not forced to request judgement. You can simply let it go, let them off the hook, forfeit your money, forfeit the cost you have paid, and go to the pub.

On the other hand, you could request judgement and then when you had the judgement you could instruct County Court bailiffs to go round the and enforce the judgement.

Of course they may then suddenly wake up and apply for set-aside that they would be stupid if they did, but it would be fun.

[BankFodder]

Okay. No surprises. It's predicated completely on the fact that you didn't take out their insurance.

I have to say that it is marginally better drafted than the rubbish that people get from Hermes, but the arguments are basically the same.

Have a look carefully and see what you think and if you want to proceed. At some point you should get directions questionnaire

[BankFodder]

Okay, can we just go over what has happened here – be it carefully please. Skip the narrative.

You sent three parcels – and they managed to lose two of them! a third one apparently was damaged in some way or the packaging was damaged so they disposed of it because of some danger to health.

Also, you seem to be saying that when you instructed Parcel2go, you instructed them to use Parcelforce – but in fact they used Hermes. Is this correct?

In respect of the pagoda which was disposed of, have you got any photographs of the packaging?

 

[BankFodder]

Is there anything on their website which suggests that if you choose Parcelforce, that it is anything different from the standard Parcelforce service that you might get if you went to them directly?

 

[BankFodder]

7 hours ago, Andyorch said:

 Reads more like a witness statement than defence.....

 

Quote

STATEMENT OF TRUTH

 

I believe that the facts stated in this witness statement are true.

 

 

 

 

Yes, I hadn't picked that up. And in any event, it is not the up-to-date statement of truth which also makes it clear of the consequences of making a full statement. To that extent, the statement of truth is invalid.

[BankFodder]

Okay will make sure that you have printed out or screenshotted all the available evidence

[BankFodder]

Make sure that you read up on other people's experience of mediation . If you read about the top dozen or so threads on this sub- forum dealing with Hermes, you will find some very interesting accounts – especially this one

 

You will find that the mediator in some way appears to ally themselves with the defendant because they will attempt to put pressure on you along with the defendant to reduce your claim. You should stand your ground and make it clear that what the defendant has to benefit from this is that they will avoid going to court and they will avoid having a judgement against them.

Read up very carefully and understand your own case and the arguments very clearly. Ask questions here

 

Be bullish about it and explain to the mediator that as far as you are concerned, there is so little money at stake that you are quite happy to go to court because all of your coffees have now been paid and so you have very little to lose one way or the other.

They will try to get you to back down and at least simply to accept your claim without the court fees. Tell them that they have false you to incur the coffees and they are going to pay for it. Tell them that you know that if it goes to a hearing that they are going to have to spend even more money trying to beat you and risk judgement.

Tell them that you are looking forward to going to court and it would only be if your claim is settled in full that you are prepared to back down.

Tell the mediator that you find it is incredible that the defendant is prepared to spend more money on trying to crush you then it would have cost them to settle the claim in the first place.

Tell the mediator that you don't appreciate this kind of bullying – and I suggest that you are also bullish with the mediator and tell the mediator that you consider they are bullying you as well and you don't appreciate that either.

 

One of your strongest points is that the so-called insurance that they require is unfair. Point out that it is absurd that they are expecting the customer to ensure them against their own negligence and their own breaches of contract. Tell the mediator that it is completely unfair and it is an unfair term under the consumer rights act.

Point out to the mediator that you know that under the consumer rights act, you are entitled to invite the judge to make an enquiry as to the fairness or unfairness of these contractual terms and you will be doing that.

Tell the mediator that requiring the customer effectively to pay for the service providers own negligence effectively subverts or nullifies the protections given by the consumer rights act.

Tell the mediator that if it goes to court you will be doing your best to establish that the insurance system is unfair and that will cause a major upset for their entire business plan.

Tell the mediator – the defendant – that if this is what they want to risk then fair enough. Refuse to back down and everybody goes to court – and oh what fun it will be.

Make sure that you have all of this in your mind and in notes and that you tell the mediator in a calm way but an assertive way that this is your position and you will not back down.

[BankFodder]

Well I admire your enthusiasm – but don't be too gung ho.

Make sure that everything you say is measured and calm. When you say things to the mediator, be assertive. But don't be bullying. On the other hand, don't give way. The calmer you are about it then the more credible you will appear

[BankFodder]

Yes, rather surprising – but well done on standing your ground.

Keep on reading around. I think that your most important argument is about the unfairness and the absurdity of you being required to ensure against their own negligence.

Also, I agree that it is ridiculous that they should be entitled to throw the item away and at least not to offer you an opportunity to have it back and to give you photographs of the damage.

If they are reserving the right to throw an item away then that is a recipe for hiding a huge number of sins.

[BankFodder]

Please stick to your existing said. If it's not then you can ask us to unlock it.