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    • I had been away as i didnt have any update i had been only waiting for the mediation appointment to be given which is i think processed bit delayed due to their workload. I have been given the appointment last week.  please see below their defence .   “Thank you for your email. Firstly, please allow me to offer your our most sincere apologies for the service you have received on this occasion. As advised by my colleague when booking this order, you are required to enter the value, upon entering this value a pop-up message was provided requesting that you protect your goods fully, you declined this option on more than one occasion and accepted to send this with just the standard £20.00 protection against loss or damage. I am afraid the offer made £100.00 as a matter of goodwill gesture without prejudice is the full and final settlement we would be willing to offer. It is of course your prerogative to take this case further, however, I must advise that should this go forward we will defend the case based on the information provided previously and the following Terms and Conditions which you agreed to when booking this order: https://www.parcel2go.com/content/about-terms.aspx "The Extent of our Liability 6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7. 6.5 We shall not be liable to you under any circumstances for: (a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or (b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission. 6.6 We shall not be liable to you: (a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights and the actual dimensions and/or weights; (b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or (c) in any circumstances in respect of the items on the Prohibited Items; Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us. The Limitation on the Amount of our Liability 6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us. " Again we do apologise for all the inconvenience
    • It's been sometime since we had from you. Could you just bullet point itemise the salient points in their defence. In terms of the requirement for flexibility – we always suggest that you stand your ground. You can make it clear to the mediator that the advantage them is that they avoid getting a judgement and incurring additional costs. But maybe you can just give us a quick resume of what has happened – and I mean Quick. By the way how long ago were you given this appointment?
    • Okay I think that you should write this up very carefully – a bullet pointed description of everything you have found supported by a photograph of each point of concern.   The next thing we have to do is we have to get a quote from some independent source for repair or replacement. Two independent quotes would be useful. Some people might want a fee for this but on the other hand they are so hungry for sales, that they may well give you something in writing free of charge in the hope that you will come back to them. After that I think that we will have to go for Vodafone that the telephone they returned was not in the condition it was when it was sent and that we believe that they have caused additional damage. We shall then have to offer them options to replace it or to repair. Let's see how it goes. Your son is 15 years old. Does he take an interest in this kind of thing because it could be a useful lifeskills lesson for him.
    • Just an update, i have mediation appointment tomorrow.  i am reading old threads, any more suggestions ?  On mediation form it was written i should be showing some flexibility , should i show flexibility or stay firm for my full claim ? 
    • I'm getting the sense you may be right!   Finally opened the phone. It's packed in exactly the same type of box we sent it off in, except this time there is all sorts of fluff and 'bits' trapped beneath the clear cellophane and the phone's screen which holds it in place inside the box (photo taken in situ).   On removal from the packaging there are fingerprints on the back, so it has been 'looked at'. I had wiped it clear prior to packing to emphasis it's 'immaculate and undamaged' condition.   Unfortunately, two small but obvious scratches or cracks have now miraculously appeared near the edge of the screen.  These weren't declared when I sent it off because funnily enough, they weren't there! 
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foxy v abbey


FOXYLADY1970
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There is a spready with a list somewhere but I'm going to watch the football so I'll have a little look for it later tonight Also I've calculated using the survey on the front page averages, that Abbey have refunded about 300 customers from this site, which I thought was quite a telling stat to use.:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi foxy,

 

Half -time

 

http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html

 

latest Abbey claim is 13/03, but you've got plenty to choose from

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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i got confused...my brain hurts

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Hi,

Not sure if I should write to Abbey and ask for there cooperation to the terms of the court order dated.................... and tell them that I am now preparing my Court Bundle and will also be asking for £80.00 towards ink and paper and 40 hrs @ £9.25 for the time it has taken me to prepare to go to court.?????????????????

Ordinarily there are no costs awarded to either party in the Small Claims Court. But if one party behaves unreasonably, the other can ask the Judge to award costs in accordance with CPR27.14; namely £9.25per hour Bundle prep and £6.75 per letter. However, don't write to the Judge (or Abbey) Just ask Abbey for it as part of the settlement prior to Court (ie include it in the inevitable telephone conversation with James/Inga just prior to Court). They didn't even raise an eyebrow at my 34hrs. I had ready a schedule of how that was made up but they didn't ask. Clearly, if they refuse to pay prep costs, just threaten Rule 27.14. http://www.dca.gov.uk/civil/procrule...enus/rules.htm

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Hi everybody,

 

Bundle all done and ready to send to abbey :D god it took some time, and had couple of sleepless nights, anyway its done now so lets just see what happens

 

Am just putting details together and will pin so that when I finally get a phone call from somebody I will be ready to talk settlement.

 

I am going to ask for 35 hrs @ £9.25 for putting bundle etc together and £50.00 to cover cost of ink, paper postage etc.

 

so with the court costs this will put my amount up to £1818.72 - £230.00 goodwill gesture they have already paid.

 

total due £1588.72.

 

Would I need to advise court that the amount has gone up or just leave it as I understand that on small claims you cannot claim for costs.

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Foxy,

 

On my N160 ( Notice of Allocation) it says in a box at the bottom under "Notes"..........As you have consented to your claim being heard in the small claims track, any costs allowed to the successful party will be limited to the maximum sum which can be awarded in the fast track".

 

 

Is yours the same?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Foxy,

 

It looks like the drinks are going to be on you............:):p

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Foxy,

 

Haven't been on here for a couple of days, glad it's going ok for you! Did you send a letter with your bundle requesting your costs or are you going to wait until they contact you?

 

I've had so much on the last few days but I really must get back on track with my witness statement & bundle & get it off to them!

 

Villafan

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Hi Foxy,

 

Witness statement has to be exchanged by 17.05.07 & bundle lodged on 31.05.07 but I'm planning on sending them together before 17.05.07. I'm busy printing & photocopying at the moment inbetween looking after & sorting out 2 children & 1 hubby! Trying really hard to get it done asap as my computer keeps crashing on me.:eek: I think I might have to invest in a new one with my payout!!!!:p:D

 

Villafan

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hi villafan,

 

Yes i know how you feel i have 3 children to run around after and run my own business so been busy time for me also.

 

I have not sent off bundle to court as i need to advise them if abbey stick to the directions or not so cant do anything until the 14th May.

 

Keep me posted.

 

Foxy

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hi everybody,

 

im a very happy girl today just had letter in post from inga kirkman saying they will settle with me in full cheque will be sent out or paid into account.

 

thank god for that looks like I have won will inform the courts once money has gone into my account.

 

:) :) the good news is they didnt take off the goodwill payment they had already paid me so £260.00 better off.

 

thank you for the help everybody and keep me posted on how your getting on.

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Hi Foxy!

 

CONGRATULATIONS & SNAP! Only thing is I don't agree with her figures so have e-mailed her & just awaiting a response.

 

Wonder if charleyfarley has received a letter too?

 

Hope you've got a nice big smile on your face :D :D

 

Villafan

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FOXY.....................looking good:)

 

Well Done..............you don't get congratulations unti lyou get the cheque;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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no was going to do it when they called but never mind they have over estimated the claim anyway as they have not taken off the £260.00 they have aready paid into my account.

 

how much less is your for

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Well done Foxy lady ....really good news . Am I right in thinking that you did NOT submit your court bundle ?

 

Checked with the Court yesterday and my AQ is still with the Judge !!!!

Absolutely nothing heard from the Abbey , I am a little tempted to call them but on the other hand I would prefer that they contact me , as I dont want to look as if I am begging .

 

Charleyfarley have you had something in the post ??

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hi lady E,

 

I had sent my bundle to abbey but not onto court as they didnt want it until the 6th June abbey had to send there bits to me by 14th May and then I was going to inform courts and send on bundle to them saying abbey had not repied to order.

 

will let you know when I have received the money.

 

keep me posted on your claim and good luck

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