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Hoxton

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  1. Hoxton
    I had my hearing today with P2G. The decision was not in my favour. To summarise: The judge didn't agree there was a breach in contract. He explained I paid for a service and at the time I refused, after being prompted multiple times, to protect my parcel I declined knowing the risks. He acknowledged that they failed to deliver my parcel however part of the contract was that if they lost my parcel they would reimburse me up to £25 but the full amount was not covered. Ultimately he said if I was expecting to claim the full declared value I should've paid for the extra insurance and by declining it I was only entitled to the amount included in the default cover. He ordered P2G to pay me out £25 as per their terms. He seemed to have made his decision before I even sat down. He put his understanding of the case to me and invited me to explain why I believed I had a claim. I quoted the Consumer Rights Act 2015: re. Services, which need to be done with care and skill. I mentioned that I believed it was negligent on P2G's behalf. I used the hot food analogy. I argued that P2G selling the extra insurance was a way to limit their liability and pass the expense to the consumer. To be honest I put forward all the points that have been mentioned here and in previous threads. Essentially he said if I had paid for the extra insurance and they didn’t pay out then I’d have a claim. In other words tough shit, pay for cover or you're screwed when things get lost or damaged. I'm now £700 down. Don’t mean to put anyone off going down the small claims route but here's my real life account of the outcome. Guess there is no justice and I feel like I've been done over for something which is not my fault. Faulty phone, failed delivery yet I'm the one left out of pocket.
  2. Hoxton
    I've read through those threads. None of those cases ended up going to court, P2G folded eventually.
  3. Hoxton
    So I never heard anything back from P2G in terms of a proper settlement offer. My hearing is on Monday. Don’t know if anyone here has been to court with a claim with P2G. If anyone has any advice, useful arguments or specific legislation to present to the judge then now would be a great time. Hopefully if I win it will set a precedent to these companies that try and hide behind these insurance clauses. Not too sure how it's going to go but I will put my views across as to how my contract was breached and the fact that it is not appropriate to pay for insurance to make sure they do their job and I shouldn’t have to pay to cover them from their own incompetence.
  4. Hoxton
    All done. Witness statement and evidence now sent to the court (with explanation) and to the defendant. Just got to wait now I guess.
  5. Hoxton
    Cheers for that Andy, I'll get on it. I will send copies via email tonight to save time to both the court and P2G. In terms of the evidence, can I use P2G's defence as a document? They have kindly provided a lot of the documentation I require such as the chat transcripts, emails and the fact I had declared the correct value and contents of the parcel. Thanks.
  6. Hoxton
    Yeah I have re-read it now. At the time I didn’t think it was necessary as I am not actually relying on any particular documents. Anything that is relevant has been included in the defence of P2G. I will be challenging their T&C's and breach of contract as they failed to deliver my parcel. As such I wasn't sure what documents I would need to send and thought I just explain my view during the hearing. Same thing for the witness statement, what exactly is this meant to detail? Finally as mentioned above the deadline to serve documents was at the end of August. I only received P2G's latest defence and witness statement today. What can I do now to rectify the situation? I have been reading that a witness statement is not necessarily required?
  7. Hoxton
    Do you mean the bit about the summary judgement? If so, it was on the defendants witness statement.
  8. Hoxton
    I'm not sure what that is so I guess I haven't? All I've done is pay the hearing fee and been given a date for the hearing.
  9. Hoxton
    Uh oh, not sure what to do here now. My hearing is due at the end of this month. I didn't think a witness statement was mandatory and didn't think it applied in this case. Looking at the court papers it says: 'Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 28th August 2019' I only received their latest defence and witness statement today, way past the August deadline. Am I thinking of the term witness too literally here? I have no witnesses. It is solely me involved with the claim.
  10. Hoxton
    I received a witness statement today from P2G. They are using their T&C's to avoid any liability. There was one point which I wasn’t quite sure about. It states: 'The claimant's attention is drawn to rule 24.5(1) and if they wish to rely on written evidence, it must file the written evidence at court and serve copies on the Defendant at least 7 days before the summary judgement hearing' Do I need to present them with any documents? I haven't written a witness statement as I didn’t think it was appropriate. My understanding is that I defend my case in person at the hearing. I just need to know if I need to prepare anything now and send it over? Any advice is appreciated.
  11. Hoxton
    Just a small update regarding my claim. Any advice, or comments, are of course appreciated. I have a hearing date scheduled for the end of this month (hearing fee has been paid). I received an offer from P2G which was simply the default insurance amount, the original postage cost and court fees. the exact same offer they made before proceeding with the claim months ago - Only difference is they have included my claim fees. I will be rejecting their offer and informing them of this. Is there anything else I should mention or should I just be blunt about it? I've got my court date and fully intend to see it out until then so unless an offer is made which satisfies the original amount + fees then I won't settle before.
  12. Hoxton
    Thanks. My claim was considered served last week so just waiting for their response. Hoping for a favourable outcome at the end which, by the looks of it, may be a while.
  13. Hoxton
    Claim submitted today. I will await their response.
  14. Hoxton
    Hi, A Quick update. I sent my LBA on 18/03/19. I then had a response to my letter via email on 20/03/19. The email simply stated that as I did not opt to buy the extra cover to protect against damage or loss; P2G would only be willing to reimburse me the £25 standard cover and cost of postage (referencing their T&C's). They also stated this was their final communication on the matter. They have re-opened my claim and invited me to provide documentation to evidence the value of my parcel. This is pointless as they will only refund £25 + postage. Next steps.. I have already registered on the Money Claim site and have my claim ready to go. Some questions: 1. Do I need to respond to their email and reject their offer? 2. Do I still wait until the 14 days are up before issuing the claim or do can I do this now? Any advice will be appreciated.
  15. Hoxton
    The value of the phone is £585. This was entered when I made the order as well as the contents of the package. I have all the required documentation to verify the value. The email from P2G says the following: Regarding compensation Our records show that you only took out protection on your parcel for part of the full value. That means that in the event that your claim is successful, you’ll get compensated for only the amount you were covered for. What happens next? To help us progress your claim as quickly as possible, you’ll need to upload supporting documents. View your case to submit the required information. Deadline to submit documents: 14/03/2019 I'd rather not go through their process only for them to tell me that they're willing to offer me £20. So, letter of claim with 14 day deadline? Yeah I understand that.

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