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    • post their up to one mass pdf pleASE   dx
    • Finally an update. There was a lot of issues with the court, but I received a letter stating that I will be having a telephone hearing initially. There is no date listed, nor much advice as to what I need to submit. It has been a month since I received this letter and I have not been given a date.   I have also had a lengthy "Court Bundle" via email from Chelsea Walton at Parcel2Go. It includes a witness statement, and many pages showing their booking process as their argument hinges on acceptance of their terms and conditions.   I imagine I will also need to do likewise, although mine will be shorter due to the simplicity of my argument.
    • I agree that it's an unfair term. I am at the same stage of a case against P2G, so just wanted to assess if anyone has confirmed if this is the case regarding insurance.   Part of the witness statement you suggested explains in detail that the product isn't insurance as Parcel2Go aren't regulated by the FCA. In any event, the defendant’s 'insurance' requirement is not truly insurance because the defendant is not regulated by the FCA and not authorised to sell insurance. The defendants' insurance requirement is simply another way of profiting from their own negligence or from the criminality of their own employees or contractors. However, this is not their mainstream business plan. This is an ancillary way of increasing a profit margin and it is predicated on the inefficiency of their delivery operation. If the defendant's delivery operation was perfectly efficient then no parcels would ever be lost or stolen.   If this is incorrect, and they are in fact agent for an insurance company, this whole paragraph is irrelevant and a waste of everybody's time. While the argument may not hinge on this, it certainly does not strengthen the argument by including something which is potentially factually incorrect.  
    • Their defence Why they disagree with the claim Claim has been issued against the wrong party despite Mr ..... being advised of this on several occasions he has continued with his claim. Their timeline of events Time line of events Date What happened 19/10/2021 1. The Defendants defence is filed in response to the claim issued by the Claimant on 29 September 2021 against DPD (UK) ltd, the correct name is DPDGroup UK Ltd.   2. However, having reviewed the particulars of claim the Defendant is confident that they are not the correct Defendant in the claim.   3. DPD Group UK Ltd provides courier services to account holders on a credit basis.   4. All DPD Group UK Ltd customers have an active account with an account number in order to book shipments. Upon opening an account the customer confirms that they accept the terms and conditions of DPD Group UK Ltd and that the contractual relationship of the parties will be governed by these terms and conditions.   5. The Claimant is not a customer of DPD Group UK Ltd and has, therefore, never entered into a contract for services with the Defendant.   6. We are able to confirm the consignment giving rise to this claim, is XXXXXXXXXXXXX.   7. The tracking notes for these consignments confirm that the parcel was booked for collection and delivery via a web based service www.dpdlocal-online.co.uk.   8. DPD Local Online is a service, which allows individuals who do not hold an account with DPD Group UK Ltd to place one off bookings for collection and delivery of parcels through the website www.dpdlocal-online.co.uk which is in fact provided by Parcel2Go.com Ltd.   9. In the case of the Claimant, they have contracted with Parcel2go.com Ltd.   10. Parcel2go.com Ltd then subcontract the delivery of the parcels to DPD Local UK Ltd. DPD Local UK Ltd are a sister company to the Defendant.   11. At no point is the Defendant Company, DPDGroup UK Ltd in any way involved.   12. For the avoidance of doubt DPD Local UK Ltd are also not party to the contract between the Claimant and Parcel2go.com Ltd.   13. During the creation of a consignment on the website www.DPDlocal-Online.co.uk, the Claimant must confirm that they accept the terms and conditions. A link to the terms and conditions in full www.DPDlocal-online.co.uk/content/about-terms.   14. The Claimant must have accepted the terms in order to place the booking. A booking cannot be completed without accepting the terms and conditions.   15. The terms and conditions clearly state in section 1: “a) The www.dpdlocal-online.co.uk website is hosted by Parcel2Go.com Limited (this Website Service). b) This Website Service is provided to you by Parcel2Go.com Limited and your Contract for the Transportation of your goods and other services is formed with Parcel2Go.com Limited. c) The Services are provided by Parcel2Go.com Limited, a company registered in England and Wales under company registration number 02591405 whose registered office is at The Cube Coe Street Bolton Lancashire BL3 6BU, and (where appropriate) subcontractors or couriers acting on its behalf (P2GO/we/us).”   16. The terms further state within section 3, “ g) Contract – the contract for transporting your goods or providing other Services between you and Parcel2Go.com Limited to which these Conditions will apply. For the avoidance of doubt, DPDLOCAL is not a party to the Contract.”   17. As the terms and conditions state Parcel2Go.com Ltd is a distinct limited entity. The Claimant had entered into a contract with Parcel2Go.com Ltd and has no contract with DPD Local UK Ltd.   18. The Defendant believes they have demonstrated that the claim has been issued against an incorrect Defendant and there are no grounds for bringing a claim against DPD UK Ltd.   19. The Claimant will further be able to see via their receipt and bank or credit card statement that they have paid the company Parcel2go.com Ltd (P2GO) for the service.   20. The correct Defendant for the claim would be Parcel2go.com Ltd.   21. It is further noted that the Claimant has rejected two settlement offers from Parcels2Go.com Ltd confirming he is aware with whom he holds his contract.   22. The Defendant, therefore, rejects the Claimants claim in its entirety as being issued against the wrong party and puts the Claimant to the burden of strict proof to prove a contact exists between themselves and the Defendant Company. 23. The Defendant requests that the Court exercise its case management powers to strike out the claim in line with Rule 3.4 (2) (a) of the Civil Procedure Rules (CPR) which states ‘The court may strike out a statement of case if it appears to the court... that the statement of case discloses no reasonable grounds for bringing or defending the claim’.   24. If the Court does not strike out the claim or allow redirect the Defendant will continue to defend the claim and seek to recover any costs and damages incurred in doing so. Their evidence Their evidence Type Description Contracts and agreements Copy of terms and conditions relating to the parcel delivery
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Re: Hello, I'm New


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Hi all, Yes I'm new. I have filed a claim against Nationwide BS for £900 inclusive of interest, They have just put in a defence. Help!! what next, I was hoping it would'nt get this far. Any good advice from any-one.

 

Hi, Thanks Advoc8, I will take your advice, I will need to do a bit of reading, I refuse to back down.

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Hiya, i just read on another thread that you have just had your Settled in full by nationwide, congratulations!!

 

When was you claim acknowledged, issued etc by moneyclaim. mine was acknowledged on 28th feb and i havent heard any thing yet,

 

thanks

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