Amazon/UPS £1200 Macbook lost by UPS when i used My Own Returns postage label

[jk2054]

will do ty

[BankFodder]

Firstly, insert this:

 

Quote

The defendants themselves have admitted in writing that they only scan items at their depot and that they do not scan them at the point of delivery. The evidence is clear that they did in fact dispatch the MacBook to its destination. The MacBook was probably stolen en route to Amazon.
In any event the MacBook never arrived at its destination.
Because the defendant does not scan parcels on delivery, it has no first hand knowledge that the parcel was delivered. By relying on their records of the point of dispatch they are in fact relying on a form of hearsay.
Amazon have confirmed in writing that they did not receive the MacBook.

 Secondly, the particulars of claim is a bit of a mess. It is not set out in spaced paragraphs with each paragraph dealing with a single point.

You need to clear this up. The judge has to read it and they don't have a lot of time for cases of this kind of value which is pretty small.

Have you checked with the MoneyClaim website that you can fit a document of this length in? You may need to put a brief particulars claim and then send this additional detail later on – within seven days and file a certificate of service.

I suggest that you stop tidying up this particulars of claim, space out the paragraphs. Make sure each paragraph deals with basically a single point. If you have to send this is a separate document then the paragraphs should be numbered.

Normally speaking I would advise people to put all of the facts into the MoneyClaim website – but this seems to be rather more complicated and may need a separate particulars of claim.

Have a look at the MoneyClaim website and see what it allows you to do. They may be a word limit but in any case, it needs to be better spaced and each point you are making needs to have its own paragraph even those paragraphs are only one line or so

[jk2054]

Where should I insert that? (Any particular thing it should go before / after)

[BankFodder]

I'm afraid that your particulars of claim so far is so all over the place that is it is difficult to know.

What you begin by sorting it out, spacing it – individual paragraphs and then it will become clear where the should be inserted. One thing you can be certain of is that it must be inserted. It is very important

[jk2054]

I've paragraphed it and included that.

 

Just waiting for day 15 to come around and I'll send it off.

 

Will let you know when I hear back

[BankFodder]

So let's see it. When is day 15?

Have you checked with MoneyClaim online that it will fit in that length in that format?

[jk2054]

Please see attached 

 

Sorry for the delay.

 

It won't wholy fit, but I've been told I can just fill what I can, then file with the rest so I'm going to do that.

 

 

POCS FINAL.pdf

[dx100uk]

thats far too detailed for a POC, slim it down.

the rest is for witness statement time.

dx

 

[jk2054]

What sort of things do I exclude? 

 

Can you provide me some guidance to what is for witness and what is for POC so I can differentiate?

 

 

[dx100uk]

nope thats for you to read up on here there are 1000's of court claim threads. with defence in and latterly WS's

you only need the very very basic time line and not a full explanation of every stage.

dx

[BankFodder]

Draft a short particulars of claim which alleges the basic facts.

Reference number
you sent a MacBook value XXX to a UK address.
It did not arrive.
The defendants have declined to reimburse you.
Why did they decline to reimburse you.
And then tick that you are going to send a further particulars of claim.

Post it here so that we can have a look.



Use the document that we have been preparing together as your particulars of claim. However, put it into a Microsoft word software, divide it into separate paragraphs – one for each point – use the paragraph numbering facility in Microsoft Word.

Post here so we can have a look

[jk2054]

Hi there,Untitled document (12).pdf

 

I'm not sure I've completely understood because that seems to miss to reference all of the law, however would the following be ok for the initial and then I will send the other document for my main POC?

 

Please let me know 

 

 

[jk2054]

Hi, 
 

I had to submit the above, I hope it was ok?

[BankFodder]

Sorry, I missed your earlier post on 13 July.

Can you tell me what that document is meant to be.

[jk2054]

Hi, It's ok.

it was a shortened form of the particulars of claim.

I kept the longer form one aside for what I assume will be the witness statement.

[BankFodder]

I hope you have stated at the bottom the total amount you are claiming – plus interest plus costs.

It looks a bit sparse – even by my standards

[jk2054]

Yes I did give a breakdown.

 

I wasn’t really sure if it was too sparse, but UPS have a good idea on the situation because it they’ve responded by email to confirm they are “looking into it”

[BankFodder]

Okay. In that case in the particulars of claim one would normally have put a paragraph – "The defendant is fully aware".

Anyway it's all done.

Let's start preparing any future documents in good time

[jk2054]

Hi,

 

Thank you - Sorry I left it too late I will upload the new docs the day I get them

 

 

[jk2054]

Just to update this one  - UPS came back to say it was UPS limited not UPS (UK) Limited so I restarted with UPS Limited instead.

 

 

[BankFodder]

Sorry I don't quite understand. They said that you had use the wrong name – was this in the defence? Are you telling me that you have started the claim again and paid a new fee?
What on earth is going on here?
You seem to be going it alone quite often

[jk2054]

Yea restarted

[AndyOrch]

Topic open

[jk2054]

Thank you.

I am interested to see what the outcome of the UPS arguments were in the other case we saw.

I see they focused on the applicability of the act. Do we have the transcript of this case?

Do we know who actually showed up for UPS?

[jk2054]

@BankFodder is this judgement on the forum?