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Mountaneer

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  1. Okay. Sure thing, I will draft it again and send over for review. Thanks for the encouragement,
  2. Hello HoneyBee. Thanks for picking this. Yes, I have sent this already but I can always send a follow-up if required. Thanks
  3. Thanks BankFodder forthe clarification above. The LBA sent to P2G is below. Please advise if this is good enough. Hello P2G Legal Team, REMOVED BY BANKFODDER
  4. Hello BankFodder, I have been trying to read threads on this topic and I am a little confused. In case of items booked through P2G for Evri, who is the third part in the "Third party Rights" mentioned above and which right is it that will be of advantage to the customer. I will be really Thankful if you can Please explain this point in plain language.
  5. If they say that I have agreed to be covered only for £20.00: Does it mean that I have agreed to let go the duty of care they owe towards me? Also if Evri had confirmed over the phone they had covered my parcel to the full amount of £160.00 but only if the claim is routed through P2G. How can I take advantage of this fact to my advantage.
  6. I am not able to understand your response. From what I gather is that you are disapproving their response.
  7. This is their response to my Letter Before Action: Good Afternoon Nishant, WITHOUT PREJUDICE I am contacting you today regarding the Letter Before Action. Firstly, please allow me to offer you our most sincere apologies for the service you have received on this occasion. When booking this order, you were asked to enter the contents and value, you stated, and I quote: Décor 160.00 When choosing a service, you are given 2 options for the service booked. One without Parcel Protection, and one with £20 included in the service for a small fee. You took this Parcel Protection included the service. I must inform you that the parcel protection which is offered is not insurance, as this is not underwritten by a company and is something provided by ourselves. Although you do not feel you want to take the protection out, our business model is one used by many courier companies, and the parcel protection offered to you make it possible for the business to remain competitive and commercially viable. We are not the only courier service that offers this in the UK and we follow the process of many couriers. Upon entering the value, a pop-up box was received which reads as follows: Your parcel value is higher than the £20.00 included Parcel Protection. Don't get caught without enough protection should the unexpected happen. Yes, I would like to protect my £160.00 parcel against loss or damage for £7.99 exc VAT. No, I'm willing to risk my £160.00 parcel. I'm not worried about potential loss or damage. You selected 'No' this does mean that the goods in question were sent on a zero-protection basis against loss or damage. You continued throughout the booking process, where an additional pop-up message was received, which again prompts you to protect your goods fully, you declined this option also. Should you not agree with the added Parcel Protection, you are welcome to cancel the booking at any point before handing this to the driver and we would refund the carriage. Prior to paying you are also required to read and accept our Terms and Conditions: Terms "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. 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." As such, we have made an offer of £50. Unfortunately, this would be the maximum we would offer as a goodwill gesture without prejudice. In regards to the Consumer Rights Act, we understand we are liable due to the issues with the delivery, however, the amount we are liable to is what is in question here. We should only be liable for £20 due to the amount which you have chosen to cover the contents as, however, we are offering more to attempt to close the matter off. Further claims which should be added would not be settled for any thing further than the protection taken out and we shall refer to the Terms and conditions as provided in this email thread. Again, we do apologise for all the inconvenience caused on this matter. Thank you, Nishant, and we look forward to hearing from you.
  8. Many thanks for the advice. This case, I think will become a second success story for me benefitting from this site.
  9. Hello DX, I read a few threads and it says that I can take either one of them to court and also it is not necessary for me to have bought insurance. So far it is clear, what I want to seek advice on is which one would be better to send court notice to, Evri or P2G. Which one will be easier to argue against? Can I send to both of them jointly?
  10. Many Thanks for the response. I did read a few threads of P2G/Evri but did not find one that answers my questions so desperately posted one. I sent an email about this already about a month back and it was acknowledged by them. No other response as such. Can the counterparty be just the Evri? I ask that since Evri could say that I never had any contract with them. Can a claim be raised against two parties combined? What is the confirmed address for Evri where I could send the court claim? I am not sure the postal address on Evri's website will be appropriate.
  11. Hello friends, Please help me with this. I had sent a parcel booked through P2G and serviced by Evri. The value of the item was £160.00 and this parcel was lost. I had never thought that such a large parcel could ever be lost and so never bought additional insurance beyond that minimum of £20.00. I had declared the value of the item as £160.00 at the time of booking. Evri called me subsequently and advised that I could book a full refund of £160.00 and raise the claim through P2G. P2G is not taking up my claim and so I am stuck now. Please can you advise, what are my options? Thanks.
  12. On 07-June, my insurance agreed to delete an incident that I had reported on 17-Dec-2021. I had requested its deletion since it was not truly a motoring-related incident. But the CUE database did not get cleared. When I came to know about this and inquired, my insurance company said that it is showing on CUE because the third party still has it on their side and CUE is reading from it. The third-party insurer told me that it was my own insurance company who had sent them the notification and so it still exists on their side. They however agreed to delete it from their side. My insurance company says that it is the CUE database that should have notified the third party about claim's deletion back on 07-June and that they have done all the right things. This unwanted claim on CUE has impacted my renewal premium and I have to find out who is actually responsible for this. Can someone advise me here? Does the CUE database have to inform the third party when there is a claim deletion request from the first party? If not then who is supposed to tell them? Any official link related to this question will help. Many Thanks for your input. I know there are quite a few experts here and I seek their knowledge.
  13. Does the loss only refer to monetary loss? can a agent force me into paying him additional money or else me have to lose the deposit with agent? And then I be made to follow-up on this for four months to get my money back. The loss is my time and as everyone will agree it was a stressful time. can a trade get away with impunity for having duped me of £240.00. I am here to find what are the things I have lost that can be raised in court. Is someone's time not worth and do traders have a free hand to give grief to someone? I hope there will be legislation to prevent such behaviour. The law cannot encourage such ill practices by traders..
  14. After Kyonsanto's post, I raised the matter to Southall about the link on Air India's website but SouthAll said that they will not refer to such announcements and that I will need to get a document from Air India. stating that there were no charges applicable for my ticket. Air India said they cannot send any such document as the ticket has been booked by agent. Southall also did not agree on the email that the charges were levied by them by telling us that they were as demanded by Air India. I then raised a GDPR query in May first week to ask the call recordings. It was only then they realised that they cannot escape anymore and then refunded after 30 days of GDPR request. During these times from Feb to May, I made numerous calls to Southall to explain how the additional charges were not legitimate but each time I was refused.
  15. @Honeybee13, Many Thanks for your reply. With regards to their behaviour for making me work so hard to recover my money, they must be made to compensate. They have refused to make any such offer. Isn't there any law or default terms of contract that applies to business to prevents them from doing such acts with impunity. This is the first point that can be discussed first.
  16. Hello @Kyosanto, Many Thanks for your inputs so far and these had been quite instrumental in giving me a faith to fight back. That link of Air India you provided was the Key. The southall travel finally yielded when I asked the call recordings, so they had no way to hide the evidence. So while they have the refunded the £240.00. I had to literally work through my nose to get my own hard earned money. First SUCCESS on this matter. Few more yet to come. Can a business get away easily with this kind of behaviour? Isn't there any law which holds them answerable for such behaviour which was ultimately a way to take my money for no genuine service or product. Also if the ticket had to be necessarily changed to new regulations of Covid, could I not simply cancel the ticket and get a full refund? Southall said that I will lose my deposit they had taken in advance. So what laws/regulations could come handy to me if I want to take the matter to court. I believe it was a forced selling. Secondly they also wrongly advised that the luggage will be a through check-out from London to a domestic terminal within India. That was clearly wrong since customs is an age old mandatory step. I see it was a mis-selling of tickets as well. Please I requst experienced members of the team can advise me on how can nail down this SouthAll agency to court. I have worked hard for six months and still have the energy left to bring this, sort of scam by SouthAll, to the court and see them through. However I lack full knowledge of the technical and legal points which will form the basis of my fight back. Thanks in advance for everybody's forthcoming help.
  17. Hello Kyosanto, Can I raise this as complaint and take to courts after completing my journey? Thanks.
  18. Yes. My first step was to get clarification from airline on email about the waiver. I have highlighted the line you mentioned, which actually implies that fare difference is waived-off as well. Its a very good point you caught Kyosanto, you have keen eyes I must say. I await response from airline. Should come within a week. I don't want to hassle the agents fearing what if they cancelled all my ticket. Can they do that, on some pretext?
  19. Hello Kyoto, (1) My flight is in April 2022. (2) I was asked to shell out £60.00 per person so £240.00 in all. Only for changing domestic leg.
  20. Hello Kyosanto, Many Thanks for our help on this and for the link. I hope that can help. The agent is saying that fare difference is applicable and so I was asked additional money on pretext of fare difference? Can you please share your thoughts on this.
  21. Hello All, I am in this strange dilemma. I had made a booking in Nov-2021 to travel from London to New Delhi by Air India (intranational ) and from New Delhi to a city within India (domestic service). Both legs, were provided by same airline. I received an email today saying that because of some government regulations in India, the original domestic flight cannot be taken as it was just in 3 hour overlay but revised govt regulation requires minimum 6 hours. Therefore I will have to take another domestic flight and I will have pay fare difference. They said that I cannot drop the second leg altogether or cancel the whole itinerary. Does this sound okay and acceptable under current times? Please help me with latest airline regulations on this matter. Many Thanks for your inputs.
  22. Hello Mariner, Many Thanks for your reply. I am asking all the questions in one thread because as per the boards etiquette, there should be one thread per tenancy. I would like to know weather I can raise a complaint with HSE about lacking GSC certificate after my tenenancy has ended. Thanks for your reply. Regards.
  23. With regards to the clause in typical AST contract "The Tenant indemnifies LL against all damages that arise from breach of any term in this contract", till what date after the conclusion of contract is this applicable.
  24. Thanks Mariner for asking that question. Would that make a difference Mariner? Can you please tell me what rules would be applicable in each case? Also are there central organisations where GSC records are archived? Thanks
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