EVRi (evri) Stolen sold MacBook court claim issued

[IMPOS5IBLE]

Parcel2go have responded to my letter of claim and gave the following response:

Ref: xxxxxx

Good Morning xxxxx ,

Thank you for your email.

I understand your frustration however, when booking your order, you entered a value for your goods of £250. Unfortunately, you did not take out any further parcel protection for the contents. As a result of this, you were only protected to the value of £20.
You were urged on number of occasions to protect your goods to their full value. We offer our customers the opportunity to fully protect their goods so that an event such as this we can compensate for the item.

When progressing with the order having not protected your goods fully, the following message appears:

“Your parcel value is higher than the £20.00 Parcel Protection. Don't get caught without enough protection should the unexpected happen.

Yes, I would like to protect my £250.00 parcel against loss or damage for £11.50 exc VAT.
No, I'm willing to risk my £250.00 parcel. I'm not worried about potential loss or damage."

If you select no, a red box pops up and explains ‘We strongly recommend that you protect the full value of your item(s)., which again in this instance was bypassed.

Please note before the payment page customers are prompted again with regards to parcel protection.

By declining the extra protection, you agree and understand the limit of our liability for the parcel, per our terms and conditions https://www.parcel2go.com/content/about-terms.aspx

I fully understand this is not the amount you wished for as per your previous email and you wish to take this matter further, and of course that is your prerogative to do so, however, I must strongly advise you that should an item become lost or damage and we accept liability, which we have in this instance, as per our terms and conditions we will only be liable for the cost of the service unless protection has been purchased, in this instance it has for the standard £20.00, this does mean we are only liable for this amount. The offer has been made again, in order to accept this, please log into your account online and navigate to the claims section. Once accepted, our accounts department will process the claim accordingly. 

If you wish to pursue further, this may be sent in writing to the below address:

Parcel2go
The Cube
Coe Street
Bolton
BL3 6BU

Once again, I would like to offer my sincerest apologies for any inconvenience this matter has caused.

Kindest Regards
Aaron Kay

 

As expected they haven't budged on the compensation, so I guess it is time to begin the MoneyClaim?

[BankFodder]

When does your letter of claim expire?

[IMPOS5IBLE]

I sent it on the 21st of November so it should expire on the 5th of December 

[BankFodder]

Quote

Dear Aaron

Reference number XXX

I see that you are accepting liability and  I take it from the rest of your letter that you are prepared to dispense with the 14 day deadline in my letter of claim dated XXX.

It seems that the only issue between us is the fairness or otherwise of your so-called insurance requirement.

My position is that this is unfair under the Consumer Rights Act 2015 and therefore unenforceable.

I shall be commencing my legal claim against you immediately and of course I will be inviting the judge to look at your terms and conditions generally – including your prohibited items list but particularly your insurance requirement which apparently is intended that you make your customers pay to protect you from your own negligence or the criminality of your employees.

When the judge finds in my favour – you can be certain that there will be widespread coverage of this and the game will be up for you and the rest of the courier industry and you can  look forward to a deluge of retrospective claims.

Yours sincerely

 

 

[IMPOS5IBLE]

Thank you for the brilliant email!

 

I'll send that of ASAP

[BankFodder]

Start preparing your claim on the money claim website. You can save your work as you go and post up the information that you going to enter as part of your claim, here is a draft first of all.

[IMPOS5IBLE]

I have managed to get a first draft together for the particulars of claim and am looking to submit the moneyclaim within the next few days. I would appreciate if you could look over the particulars and give me some feedback.

 

• The Claimant used the defendants courier service - reference number P2G96313864 - to deliver a laptop, value - £250 to a UK address.

• The defendant breached the contract by tampering with the package before delivery;

  • The package arrived with different tape compared to the one it was originally sealed with

  • The package contents were missing upon delivery to the recipient 

• The defendant refuses to reimburse the claimant the full value of the item

• The defendant's requirement that a customer is responsible for insuring themselves against the defendant's own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

• The claimant seeks £250, plus the court fee of £35 for a total of £285

 

[BankFodder]

It's not wise to allege that the defendant tampered with the package. It is far too specific and they will put you to proof that it was the defendant.

Also, you shouldn't say that this is a breach of contract.

Much better to say "on delivery it appeared that the parcel had been tampered with as the contents were missing and the box had been resealed".

Post a fresh draft and we'll have a look.

No need to put in the bullet points

[IMPOS5IBLE]

The Claimant used the defendants courier service - reference number P2G xxxxxxxx to deliver a laptop, value - £250 to a UK address.

 

On delivery it appeared that the parcel had been tampered with as the contents were missing and the box had been resealed. 

 

The defendant refuses to reimburse the claimant the full value of the item

 

The defendant's requirement that a customer is responsible for insuring themselves against the defendant's own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

 

The defendant is in breach of contract.
The claimant seeks £250, plus the court fee of £35 for a total of £285

 

Edited December 30, 2021 by dx100uk
Edits in red

[IMPOS5IBLE]

Thank you for the edit. Should I tick the "you are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here:" box?

[dx100uk]

no 

[BankFodder]

Please could you upload the defence in PDF format.

Thank you

[IMPOS5IBLE]

Hi sorry I have attached it here.

P2G96313864 - DEFENCE.pdf

[BankFodder]

Okay, no surprises. If you have done your reading of the other Hermes stories then you won't be surprised either.

Next thing to do is wait until the directions questionnaire and if the defendant has selected mediation then you should select as well and wait for mediation date.

In the meantime keep on reading here about why we say that the insurance requirement is unenforceable.

Let us know when you receive the DQ

[IMPOS5IBLE]

Hi all, the DQ has just come in, it’s not clear whether the defendant has selected mediation however I will go ahead and tick the yes box.

[FTMDave]

Open.

[IMPOS5IBLE]

Hi all,

 

it’s been almost a year since I have heard back from the courts in regards to the case.

 

Small claims were not able to get me a mediation and have instead referred me to the court. 
 

they have set a date of August 2023 for the hearing, any advice on how to prepare would be appreciated. 

[dx100uk]

its all on their letter . scan it up

 

what date have you got to pay the fee? by

and what date have you got to exchange witness statements?

 

dx

 

[BankFodder]

open

[IMPOS5IBLE]

Hi, I have had some personal issues and have been blowing off this case, however I have noticed the time to pay the fees is fast approaching and would really appreciate any help.

I have attached the letter I was sent, however I am unclear of how to pay the trial fees, or the format of the documents I should send. 

 

Notice of Allocation to the Small 2-2.pdf

[BankFodder]

I'm not sure how the fee is paid. You should probably telephone the court and asked them @Andyorch

other than that, you had better start preparing your court bundle fairly quickly.

I gather that this case turns on the fact that you didn't purchase insurance. Check in the library because we have got some prepared witness/skeleton arguments which deal with precisely this point – and also three judgements from separate courts which all agreed that the insurance requirement is unenforceable.

Please get started. Follow the court bundle list. You may have personal issues about this but once you get going you will find that it will take over and it will be straightforward. Don't put it to the back of the drawer any longer.

You absolutely will win this if you deal with it. It will be a shame to let it go. It's a good piece of money

[AndyOrch]

How to pay your court or tribunal fee

You can pay a court or tribunal:

by phone with a debit or credit card

in person by cheque, cash, debit or credit card online

https://www.gov.uk/court-fees-what-they-are

 

[IMPOS5IBLE]

Hi all, thanks for the help, paying for the trial fee was very complicated but managed to get it done. I have also finished my court bundle, but now I am wondering if is acceptable to file and serve using email?

[BankFodder]

You could certainly file and serve it by email – but I would suggest that you send hard copies as well.

Please could you describe the difficulties you had in paying the hearing fee. It may be instructive to others.

Would you like to post up your witness statement/skeleton argument here so that we can suggest any modifications before you send it off.

[IMPOS5IBLE]

Absolutely,

I first tried calling and was left on hold for 40 minutes stuck in a loop of robots.

I then sent a family member to the court to pay as I work in a different city, and she took the only document we had been sent, the small claims allocation form.

The court told her she had to leave all the documents for the case there and then in an envelope if we wanted to pay, which obviously wasn't ready.

they asked her to write her phone number on the empty envelope instead and they called two days later to take payment over the phone.

I will send across my court bundle shortly.