Parcel2Go refuses to pay insurance after losing parcel - is it worth going to court? ***Resolved***

[SomeGuy119]

Hello, I'm new here as I stumbled across this thread:

 

https://www.consumeractiongroup.co.uk/topic/409770-parcel2go-EVRi-lost-goods-small-claim-issued-against-p2g-won

 

About 1 month ago Parcel2Go (using FedEx) picked up a parcel at my door. It contained wallpaper worth £1600 and it was insured for £1200 (for wall decor items). I have evidence that the parcel was scanned by the driver in front of our house and that it was scanned again at a depot not far away. After that, the parcel disappeared. I immediately claimed it to be lost, after which Parcel2Go made me fill out countless forms, submit the commercial invoices of what was in the parcel, answer questions and submit photos of the packaging. Which I all did, several times. As a result the parcel was classified as 'lost' by P2G.

 

I chased up after the case every 3-4 days, but all I got were more questions to how the parcel looked etc. Every time I contacted them they asked the same questions I already answered in excruciating detail, about the looks of a brown carboard box.

 

After hours and hours in their chat, finally the case was forwarded to a 'case investigator' about 10 days ago. Obviously nothing has happened since then, besides them asking me again and again to answer the same questions about the appearance of the box. Despite it already being registered as 'lost'. However, despite all the hassle, I've always been cooperative.

 

Having read their t&c's about lost parcels, this is a very clear cut case. The parcel is clearly lost and it was their fault. It was insured correctly and I have the evidence to support all this. But they seem to me like they try to stretch out the process into infinity. Probably hoping I will give up

Tomorrow morning the 'case investigator' will call me. I will listen to what he has to say, but my theory is that he/she hopes that I will say something dumb on the phone that they then can use to refuse my insurance payment. Because they have nothing else to go on.

 

After all this process, it's very clear to me that they do not intend to actually ever pay the insurance.

 

At what point is it worth going to court over this?

How would you approach it?

Should I give that 'case investigator' a deadline?

Stating 'if this is not concluded by next week Friday, it will go to my attorney'?

And what court would that be?

Small claims court I assume?

 

Thanks in advance for your help guys!! I appreciate it.

 

[dx100uk]

same as that thread

send them a letter of claim by royal mail

on day 15 launch your court claim for the full value and the cost of insurances+postage.

[SomeGuy119]

Thanks dx100uk.

 

I've waited close to 50 days for them to 'investigate' now. The claim has been handed from the claims team to a supervisor...to another supervisor. And when asking for 'when can we expect a result' I only get 'we are unable to provide a deadline date of when this may be resolved'.

 

So I had enough. I will write the letter of claim now, as you suggested. But can I ask: Since I have spent countless hours on writing emails, waiting in chat and talking to their staff on the phone...can I ask for compensation for those hours?

 

Once I have written my letter of claim I will post it here, so ideally someone can look over it before I send it out.

 

I have now tried to set up my 'letter of claim'. Please see it attached. Any feedback would be greatly appreciated.

 

Together with the letter of claim, I plan to send the 'reply form' which is linked here:

 

https://www.consumeractiongroup.co.uk/applications/core/interface/file/attachment.php?id=32076

 

I also saw this comment: 

 

Quote

A prescribed information sheet and reply form should accompany the letter, including an up to date financial statement. 

 

What do you mean with a 'prescribed information sheet' and the 'up to date financial statement'? Could someone please elaborate on this?

 

Also, somewhere it said they have 15 days to reply from the date of the 'letter of claim', before I should launch the small claims court case. But the reply form states that they have 30 days? Which one is correct? And should I mention the 15/30 day deadline in the cover letter?

 

Any feedback or help would be greatly appreciated. I am not a legal person and I have no idea about the legal framework of a case like that.

 

So if anyone could help me dig through this and make sure I get everything right, I would be forever grateful.

 

Thanks in advance.

 

Parcel2Go

The Cube

Coe Street

Bolton

BL3 6BU

 

Subject: Letter of claim, case Ref:

30.07.2022

 

 

To whom it may concern,

 

The claimant paid the defendant (Parcel2Go) £165.70 on 30.05.2022 to carry out the delivery of 4 rolls of wallpaper value £1611.11 to a Shanghai address. The cost of the delivery was £165.70. Part of that fee was paid to the defendants by the claimant as an insurance cover to protect themselves against breach of contract. The insurance cover purchased, insured the parcel for a sum of £1200 to be reimbursed, in case of loss or other breach of contract.

 

The defendants have lost the parcel and have admitted this. Despite this, they refuse to reimburse the claimant for the value of the parcel.

 

The claimant seeks £1200 being the value of the lost wallpaper, as per the insurance cover, since the defendants were obligated to carry out the contract satisfactorily in any event and are responsible for losses incurred by their breach.

 

Total: £1200

 

 

Sincerely

 

 

 

[SomeGuy119]

Hello, I already posted a while ago. Explaining my issue with Parcel2Go not paying a £1200 insurance claim, that is a very clear cut case. They are clearly stretching it out as long as they can. Probably in hopes that I give up.

 

For the details, here's my original thread: https://www.consumeractiongroup.co.uk/topic/450812-parcel2go-refuses-to-pay-insurance-after-losing-parcel-is-it-worth-going-to-court/

 

 

Now, I have attempted to draft a 'letter of claim'. Please find it underneath. (all of our names, adress & ref number have been removed). If anyone could assist me with getting this right it would be greatly appreciated!

 

Also, I also saw this comment: 

 

  Quote

A prescribed information sheet and reply form should accompany the letter, including an up to date financial statement. 

 

What do you mean with a 'prescribed information sheet' and the 'up to date financial statement'? Could someone please elaborate on this?

 

Also, somewhere it said they have 15 days to reply from the date of the 'letter of claim', before I should launch the small claims court case. But the reply form states that they have 30 days? Which one is correct? And should I mention the 15/30 day deadline in the cover letter?

 

Any feedback or help would be greatly appreciated. I am not a legal person and I have no idea about the legal framework of a case like that. I really need help on this one guys.

 

So if anyone could help me dig through this and make sure I get everything right, I would be forever grateful.

 

Thanks in advance. 

 

Parcel2Go

The Cube

Coe Street

Bolton

BL3 6BU

 

Subject: Letter of claim, case Ref:

30.07.2022

 

 

To whom it may concern,

 

The claimant paid the defendant (Parcel2Go) £165.70 on 30.05.2022 to carry out the delivery of 4 rolls of wallpaper value £1611.11 to a Shanghai address. The cost of the delivery was £165.70. Part of that fee was paid to the defendants by the claimant as an insurance cover to protect themselves against breach of contract. The insurance cover purchased, insured the parcel for a sum of £1200 to be reimbursed, in case of loss or other breach of contract.

 

The defendants have lost the parcel and have admitted this. Despite this, they refuse to reimburse the claimant for the value of the parcel.

 

The claimant seeks £1200 being the value of the lost wallpaper, as per the insurance cover, since the defendants were obligated to carry out the contract satisfactorily in any event and are responsible for losses incurred by their breach.

 

Total: £1200

 

 

Sincerely

 

[dx100uk]

threads merged

no need to create a new thread just because people might have been busy since 1pm yesterday and couldn't answer you.

 

you dont need to inc the reset of the LOC .

 

just send one.

and as a member of Joe Public you can use 14days, you are not bound by its rules, only that you must send one.

 

 

 

 

 

[dx100uk]

you need to add the claim fees and insurance to your figure

you should not be out of pocket at all.

 

you should also state they have 14 days 

 

did you mean to post your pers details?

 

[SomeGuy119]

Thanks for your replies dx100uk and apologies for creating a new thread. I thought it possibly slipped through the grid and nobody would look at my old thread again. 

 

No, I did not mean to post my pers details. It was a mistake. But I couldn't find a 'delete post' button. Otherwise I would've deleted the post and re-uploaded it without the details. If it's not too much hassle, please delete that particular document. I'd apreciate that.

 

In any case, when you say I should add 'claim fees and insurance' to my figure, I'm not sure what exactly you mean. The £165.70 we paid for the shipment included the insurance fee. I believe the insurance itself was around £80. They already refunded us around £70 (in parcel2go credit), which was the fee for the shipment itself (excluding the insurance fee). Are you saying I should add the apx. £80 we paid for the insurance on top of the claimed £1200 insurance sum?

 

And what about the claim fees? How would I calculate those? Or do I just make them up, based on the time I've spent in getting them to process this claim? Which has been at least 2-3 full working days...that I spent in their chat client, speaking to them on the phone and replying to their emails. I would love to charge them to compensate me for the time they made me waste.

 

I'm happy to state a 15 day deadline in the 'letter of claim'. But would that not cause confusion? Since the 'reply form' I will attach states 30 days? I just want to avoid any room for debate and make it as clear as possible. 

 

And what did you mean by 'you dont need to inc the reset of the LOC .'? Are you referring to the 'prescribed information sheet' and the 'up to date financial statement'? So I can ignore those?

 

I will amend the LOC tomorrow and share an updated version.

 

Thanks so much again for your help. These companies can make you feel so powerless when actually you're in the right. So it's really great to have someone to bounce this off of. I genuinely appreciate the support dx100uk.

 

 

[dx100uk]

as with all other court threads here

you need to goto the MCOL site and research how much the fees will be for filing and for Hearing fee.

 

look at other peoples letters of claim too.

 

everything is repeated numerous time in 100's of evri threads here, just because yours is against P2G makes no odds the whole process is the same.

 

as for what you need to claim in the LOC/court claim, you need to not be out of pocket, if you paid for something toward the parcel shipment and its not been refunded yet, that also must be included.

 

dx

 

[SomeGuy119]

Hello again. So I found that the court fee (for a claim between £1000 and £1500) is £80. But I can't find any concrete numbers for hearing fees and (potential) application fees? Could you point me to where I could find those numbers?

 

Also I think I can add an 8% interest on the insurance sum, basically charging them for 'a late commercial payment'. Which would come to another £96. Is that correct?

 

Unfortunately I will be out of the country for the next (apx) 14 days, starting tomorrow. So I'm a bit hesitant to send this off before I leave. Simply because I want to make sure I'm home and have access to required documents and information, once I send of the actual court claim. So I might prepare the LOC and send if off once I get back. 

 

 

Here's where I got to with the LOC:

 

 

Parcel2Go

The Cube

Coe Street

Bolton

BL3 6BU

 

Subject: Letter of claim, case Ref: (ref)

31.07.2022

 

To whom it may concern,

 

The claimant (name) paid the defendant (Parcel2Go) £165.70 on 30.05.2022 to carry out the delivery of 4 rolls of wallpaper value £1611.11 to a Shanghai address. The cost of the delivery was £165.70. Part of that fee was paid to the defendants by the claimant as an insurance cover to protect themselves against breach of contract. The insurance cover purchased, insured the parcel for a sum of £1200 to be reimbursed, in case of loss or other breach of contract.

 

The defendants have lost the parcel and have admitted this. Despite this, they refuse to reimburse the claimant for the insured value of the parcel.

 

The defendant has 14 days from the date of this document to respond to the claimant, using the attached reply form. If the defendant fails to respond within the given time, the case will move to court and the defendant will be asked to cover all additional costs as listed underneath.

 

Be aware that the claimant will not accept any offers of settlement beyond the 14 day deadline.

 

In conclusion, the claimant seeks £1200 being the value of the lost wallpaper, as per the insurance cover, since the defendants were obligated to carry out the contract satisfactorily in any event and are responsible for losses incurred by their breach.

 

In addition a court fee of £80, an 8% (£96) interest payment on the insurance sum for 'a late commercial payment', the costs of £8 for sending these documents first class signed for, as well as court hearing fees and application fees will have to be reimbursed. (I will add those numbers once I have them)

 

Total (WIP): £1384

 

 

Sincerely

 

[dx100uk]

go have your holiday

comeback with a fresh look then.

 

hearing fee is about £25 i think.

 

court interest is added IF you win, leave that for your Particulars of claim. not part of any LOC sum

 

 

[SomeGuy119]

Hello again. I'm back from my holiday and just revisted my letter of claim.

 

In the 2 and a half weeks of holiday, Parce2Go had the audacity to 'reject and shut down the claim' using the reason 'we didn't hear from you in a while'. Which is unbelievable to me.

 

They have no legal leverage to shut it down or reject it....instead they just chose to 'shut it down because I didn't contact them every other day'.

 

Do they expect me to remind them every 2-3 days that I still want my money? I'm genuinely speechless....

 

I sent them another email in early August to which I never received a reply.

 

we did chat to them in the customer service chat again today...they 'reopened the claim'.

 

now they claim they suddenly need proof of the recipent making a payment for the wallpaper to us. Which they only told us about after we contacted them and they shut down the claim. I assume if we wouldn't have chased, they would've never even told us about that they still need that document.

 

In any case, I'm 100% convinced that they have no intention to every pay this claim. this will have to go to court.

 

Here's where I got to with my letter of claim:

 

Parcel2Go

The Cube

Coe Street

Bolton

BL3 6BU

 

Subject: Letter of claim, case Ref: (ref no)

23.08.2022

 

 

To whom it may concern,

 

The claimant (our name) paid the defendant (Parcel2Go) £165.70 on 30.05.2022 to carry out the delivery of 4 rolls of wallpaper value £1611.11 to a Shanghai address. The overall cost of the delivery was £165.70. Part of that fee was paid to the defendants by the claimant as an insurance cover to protect themselves against breach of contract. The insurance cover purchased insured the parcel for a sum of £1200 to be reimbursed (full value ex VAT), in case of loss or other breach of contract.

 

The defendants have lost the parcel and have admitted this. Despite this, they refuse to reimburse the claimant for the insured value of the parcel.

 

The defendant has 14 days from the date of this document to respond to the claimant, using the attached reply form. If the defendant fails to respond within the given time, the case will move to court and the defendant will be asked to cover all costs as listed underneath.

 

 

Full insurance sum of - £1200

 

Court fees of - £80

 

Hearing fee - £25

 

An 8% interest payment on the insurance sum for 'a late commercial payment' - £96

 

Compensation for 12 hours of preparing the court case and answering questions

we already answered speaking to Parcel2Go customer service at £30/hour - £360

 

 

Be aware that the claimant will not accept any offers of settlement beyond the 14 day deadline.

 

In conclusion, the claimant seeks claims and compensation of a total of £1761.

 

 

Sincerely

 

 

In front of court I really want to make a case for there being intent to never pay claims like ours. There are countless comparable claims to be found on the internet,

 

we've been asked the same question over and over again,

we've been asked to supply the same documents over and over again,

 

now we're only being told that some mysterious document is missing only after we've chased, the case has been handed from the customer service team to a case expert....to another case expert....but nothing ever happens,

 

they 'rejected and shut down' the case on the grounds of me not bothering them every day. Do you think there is room to claim more money as compensation as a clear intent to never actually pay the insurance sum?

 

I just feel like they should really bleed for behaviour like this. Also in the interest of similar cases going forward?

 

I would really appreciate to book a little bit of your time to go through the details of this?

 

I still have a lot of questions and I'm happy to make a donation to work through some of the details. I wouldn't take more than 1 hour of your time? Please let me know....

 

Thanks in advance.

Edited August 23, 2022 by dx100uk
Spacing

[dx100uk]

You cant claim all those extras, nor you lip time.

Its also at the courts discretion if you get 8% court int.

 

Dx

[SomeGuy119]

Thanks. So do you reckon the letter is okay if I remove the 'Compensation for 12 hours of preparing the court case and answering questions' part?

 

I understand that it's ultimately down to the court whether I get the 8%. But I guess there's no harm in listing it? 

 

They already refunded us the around £70 for the shipment itself. And the rest of the paid fee was the payment for the insurance cover. Which I guess I can't claim back....since they'll hopefully pay me the insurance premium?

 

If there are any other costs I can legally list, please let me know. Of course it's down to the court whether I get those or not. But I want to aim as high as legally possible, and try to make them pay as much as possible.

 

Thanks in advance.

[dx100uk]

have a look at the contents of other peoples letter of claim

 

use our enhanced google searchbox.

 

poss

 

claimform evri 

claimform parcel2go

 

will yield examples.

dx

 

[SomeGuy119]

Thanks Dx. But the links you posted give a guide to 'responding to having received a claim letter from a court'. So if I understand correctly, this would be a guide to help people who received the letter that I try to write?

 

But I need a simple and comprehensive guide to write my Letter of Claim, and then following on from that, how to set up the actual claim in the small claims court.

 

I genuinely appreciate your replies but I think I need a bit more support in some of the details, to put this together. Again, I'm happy to donate some money to consumeractiongroup if someone can jump on a call with me and work through this. It shouldn't take longer than an hour. Alternatively, could you please advice who I can hire to support me in this matter?

[dx100uk]

The links are autolinks ignore them they are forum software driven by keywords

 

As i said

Type in my search suggestions in our enhanced google search box.

 

Dx

[SomeGuy119]

Thanks Dx. But the example 'LOC's I can find are very similar to the letter I already shared above. I don't see what I exactly could/should amend on mine in order to make it better or legally more valid?

 

In other comparable threads users give rather specific and helpful feedback to enquiries, while in my thread the answers are short and not very specific. I understand that for you guys these are fairly standard procedures and it's probably frustrating to repeat the same stuff over and over again. But I REALLY need someone to help me look at my specific case in depth and direct me to the exact points where I need to amend and reconsider. I mean a lot of the questions I asked in previous posts are not even being addressed. 

 

I did use the search function and did everything you advised, but I don't feel this is really getting anywhere. I can amend my letter of claim, bring it closer to the other examples and feel good about it. But if nobody says 'make this clearer here and amend this socific detail' I would never know what is wrong with it. Again, I really appreciate this forum and the offer of help and support. But with all due respect, 'use the search function' doesn't really do it for me. I just feel this current process is not very efficient and I don't want to waste your time with endless long posts. I just want to get this in a place that's legally correct, send it off and move on. 

 

Also, I'm still confused about the claim form. The one I shared in an earlier post has many pages, while the one other people seem to have shared has only one page? Which form is the correct one? I also saw that others have sent their letter of claim via email? Is that enough? Or should I definitely sent a physical letter, first class signed for via post?

 

Beyond that, the search results yield so many results, most of which are not relevant. It seems next to impossible to get a full understanding of what exactly I need to include in my specific case, watch out for and consider when putting all this together. 

 

If you feel I'm asking too much, that's fine. Then just let me know and I'll have to hire a solicitor (I assume) to support me in putting this together? At this point I just want this to move forward and come to a conclusion in the near future. I hope this makes sense. Thanks in advance.

 

[FTMDave]

There's no need to hire a solicitor!  Your case is cut & dried.  They lost your parcel.  They admitted it.  They haven't paid you.

 

Take one of the similar courier Letters of Claim you've found, fine tune it to fit your case, and post it up.

 

You're right to want to learn from mistakes, the regulars will never just say "change this", they'll say "change this because ...".

 

 

[dx100uk]

we dont do paid for or unpaid nurse maiding.

 

the claimform is simply a few lines in the particulars of claim box

not PAGES of stuff

thats for you witness statement LATER in the process.

 

if you think your letter of claim is ready to go then post it.

 

there are literally 100's of threads here with all the details you need giving step by step instructions for the whole process of taking a courier company to court. 

the process for you is no diff.

 

i would not be using email for anything

royal mail post only

get free proof of posting from any PO counter

you only have to prove you SENT something in law not proof of its receipt. 

 

 

sorry but all your questions show you are not reading up properly.

 

when you've read about 50 claims, then comeback with your questions

everything you've asked has been answered 100's of time in evri threads.

you certainly dont need a solicitor....

[SomeGuy119]

I just wanted to share a quick update, in case anyone else ever reads this thread who might be in a similar situation.

 

After 3+months and countless emails and hours in chat, Parcel2Go paid us the full insurance. Without even threatening to go to court. I did not expect this at all, but we received the payment today.

 

Thanks everyone for their help anyways. I really appreciate it.

[FTMDave]

Well done on your victory 

[dx100uk]

well done £1200 is not a small sum.

 

dx