EVRi has lost my parcel - court claim issued

[Dankeepsie]

Hi @BankFodder

 

The letter was received by Parcel2Go.com on 23/02/2022.

Their 14-day deadline to compensate me will end on 08/03/2022.

I will issue the claim on 09/03/2022. I've posted the particulars of the claim in an earlier post:

 

[BankFodder]

I have amended the draft claim which presumably you are going to issue on Wednesday

 

Quote

The claimant used Parcel2Go.com Limited to post an item (.....). The value of the item is £480.00, as claimed on Parcel2Go.com when purchasing the service on 02/02/2020 plus delivery cost of £5.64.
The parcel was dropped off at the Hermes ParcelShop as directed on 03/02/2020. The parcel was failed to be delivered.
The defendants have refused to reimburse the claimant for their loss or theft of the item – in particular because they say that the claimant did not insure himself against their breach of contract.
It is the claimant's position that it is unfair and therefore unenforceable under the Consumer Rights Act 2015 to require their customers to pay extra for protection against the defendant's own breach of contract or the criminality of their employees.
The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 02/02/2022 to 08/03/2022 on £485.64 and also interest at the same
rate up to the date of judgment or earlier payment at a daily rate of £0.10.

 

Please check the amended draft which I have posted above and let us know if you are happy with it or if you think there should be any modifications.

I don't think needs all the additional detail that was posted in the original

[Dankeepsie]

Thanks for your help. The Particulars of Claim has now been amended to the above.

Edited March 7, 2022 by Dankeepsie

[Dankeepsie]

They've come back to me on day 14 with the following:

 

Quote

Good Afternoon,
Thank you for your email.
Please accept my sincere apologies for the service you have received on this occasion.
Unfortunately it does not matter whether this is a claim for damage or loss, we offer protection for both of these when booking through our services. I understand the reason why you believe protection should not have been purchased.
Unfortunately although a rarity loss can still occur which is why we offer the protection to all customers.
I am afraid we will not move on our stance regarding this outcome.
Should you wish to take this further that is of course your prerogative to do so.
Kindest Regards

 

Looks like the standard response they give to everyone.

[BankFodder]

Who signed this please?

Also you may as well issue the claim today

[Dankeepsie]

Am I allowed to disclose names here? I was told previously that due to GDPR I can't.

[BankFodder]

Yes you can publish names here. GDPR applies to people who confide their personal information to us – but it does not apply to people who have that information anyway and post it up on the open forum.

To that extent we operate a bit like a newspaper. As long as what we publish is truthful, straight dealing then it is permitted

[BankFodder]

So did you issue the claim?

[BankFodder]

Please will you update this thread and tell people if you have issue the claim. A lot of people count on the information provided on these threads to help them decide what their own appropriate course of action should be when they are dealing with dishonest courier companies

[Dankeepsie]

Claim was issued when their 14-day response period lapsed.

[BankFodder]

Thank you. Start counting days although you can be certain that they will file their defence at the last possible moment

[BankFodder]

 

 

[Dankeepsie]

On 10/03/2022 at 10:05, BankFodder said:

Thank you. Start counting days although you can be certain that they will file their defence at the last possible moment

14 days from the day of the receipt I have gathered. As you say, they will likely drag it until the last day like they did with the response to Letter of Claim.

[BankFodder]

It is all part of their war of attrition on their customers

[Dankeepsie]

Received acknowledgement of service from Parcel2Go, signed 14/03/2022 by their Asset Protection Officer, intending to defend all of the claim. They now have 28 days to file a defence response.

[BankFodder]

28 days from date of service. Not 28 days from now

[Dankeepsie]

Apologies, yes.

[Dankeepsie]

Slight problem. I won't be in the UK for 8 weeks (end of April until end of June). Can I revise the court date if it falls inside this period?

[BankFodder]

Yes you can that you will need to keep on doublechecking with the court that the message has got through.

The courts are nearly in as much a mess as some of these courier companies.

One problem for you may be receiving correspondence. You may receive correspondence by email but it may also arrive by post and you need somebody reliable who will open your post and scan it to you immediately

[Dankeepsie]

Thanks @BankFodder

I do have people at home to scan letters and send it to me. I will have them know of their new duty 

[BankFodder]

Emphasise to them that it's important that any document is scanned to you within 24 hours. 12 hours is better

[Dankeepsie]

Defence letter received via e-mail just now. See attached. The defence is no different to other cases, where they take no responsibility on refunding uninsured items.

 

One note:

 

re 12. "Claimant processed a claim on their account themselves without contacting the Defendant first."

 

Unless I've misunderstood them, this is simply not true. I did request help through P2G's website first, making a claim internally. They did not reply to me while their own 14-day response period lapsed. They only replied and updated my claim’s status AFTER receiving my letter of claim, 15 days after I had opened a claim on their website.

Defence.pdf

[dx100uk]

Usual defence from them almost exactly the same as their other ones here. Dont let it distract you.

[Dankeepsie]

So nothing has changed on the Money Claims website. The status of the claim remains as it was when I filed it.

 

From my understanding after reading the forum, a Directions Questionnaire will now have to be filled by both parties? Will I be receiving something from the judge to fill?

[Dankeepsie]

I keep seeing the moderators removing names from letters etc

Hence why the name was removed.

It was signed by C Walton.