Showing results for tags 'claims'.
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Hi, I think I have made a minor mistake - a Ltd company owes us (we are also Ltd company) for an unpaid invoice. The invoice has been unpaid since April, we sent a letter before action by email: I copied this text from something I found online, the number of days was blank so I just put 7 in there thinking it was reasonable. Anyhow I have now read the pre action conduct page here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct And they mention 14 days. ooops. As the 7 days has elapsed do you think I should send another letter giving 14 days, or should I continue with my Draft MCOL claim? PS Email OK? PPS do only work days count or do weekends count too? Thanks in advance. -
Hi Oddfellow Bit of a long stretch but we are facing exactly the same situation you have described in this forum. I am super happy to hear that it was settled and I would love to hear any advice you would be able to provide me in order to navigate through this too. Just received a letter from the third party insurance threatening court case action and despite having the legal protection insurance, I fear the worst. Could you kindly let me know if it would be possible to talk about your situation please? Many thanks Gemma
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Hi I'm new here but would like to ask has anybody taken Parcel2Go to small claims and won? My case is: I instructed P2G to pick up and deliver a very heavy 33kg Subwoofer speaker to my address without taking their extra insurance. Its was delivered a couple of day later with broken corners and a grill that was recessed into the unit. I'm taking them to SCC under section 54 of the consumers rights act 2015 holding them of negligence and in breach of contract by operforming reasonable care and skill in delivering this item. A last letter of action was sent and I'm now looking at a Notice of proposed allocation to the small claims Track which needs to be sent before 20 July. P2G have sent 12 pages defending the claim Any advise or help - Thanks -
Afternoon, Am wondering if you could look at this please - I sent a generic letter through "Which" website and got various replies from RBS - saying on some no PPI was included, others I had already claimed back but I got these 3 replies (Wife & I) rejecting our claim. Was wondering if worth pursuing with a SAR etc. I had to convert a pdf file to word so apologies for how it looks - have highlighted part I thought strange, I needed to have PPI for a minimum of 4 years on my mortgage. RBS PPI Rejection.doc
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I took someone to the small claims court. They responded to the initial claim and then did not fill in their questionnaire I have requested a default judgement. Do I need to send them a copy of the form or let them know? Should I do anything else?
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Hi, new user here but long time browser. I am after some advice on a situation I am currently involved in... On 30/04/2018, I was driving home with my wife and 22 month child in my 2016 Audi A4 which has done 19,500 on the clock. Whilst driving, I lose control as if I had burst my tyre and upon regaining control and parking, I inspect the car to find the front passenger wishbone snapped off. The car was towed back to Audi in Coventry to be inspected and I was informed that I must have hit something as there was under tray damage as well as to the gear box liner. The issue is that on 18/04/2018 I took the car to Listers Audi Solihull for its service and health check. Audi actually record any issues in a video called Audi Cam which they provide to customers. Within said footage, you can actually see the thumbnail sized dent in the wishbone where the fracture and eventual crack occurred. I have provided images of the video still that shows the dent; the technicians hand is mere inches away from the dent yet he failed to inform me resulting in the car being driven for under two weeks for it to eventually fail. I have also attached the image of the wishbone snapped. My view is that the technician should have informed me of the dent as the wishbone is a vital part that undergoes stresses and any damage especially one that was visible would affect the performance of the wishbone causing it to eventually fail. The Listers Audi service manager stated in regards to the this "We carry out a vehicle inspection on all cars that we work on in the workshop, this inspection is part of our duty of care to our customers, and is an industry approved process. I have reviewed the inspection and Technicians report on your vehicle and I find that everything was done correctly. With specific regard to the suspension arm I can see that the indentation gives no suggestion that fatigue has taken place in the arm, therefore there is no reason the Technician, who has no knowledge of the vehicle history would suggest the arm be replaced. We could clearly see damage to the undertray and arch liner, but that is it. we were not aware that the vehicle has sustained a significant impact to the underside/suspension, and there was no mention of this on the Job Instruction from you. " I would have had no idea of any damage to the underside of the car as most do not have the equipment to lift the car spot high to inspect and I would argue that's why the car is taken in for a service in the first place. I contacted Audi UK for them to mediate however Listers would not budge to repair the car, therefore am looking to take this to small claims court. An independent assessor from The Institute of Automotive Engineer Assessors (IAEA) has also looked at the damage and confirmed the dent is the origin cause of the part to snap. His view is that it would be 50-50 for the court to award my claim which would be for my insurance excess of £650, The impact on my policy increasing due to the claim, expert fees and court fee to be awarded. I would be representing myself and the assessor would also attend. Do you guys think its worth pursuing through small claims court and any views of my chance on success would be most welcome. Thanks Yans
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Good Morning all, I was wondering if someone could offer me some advice with an issue I have with a former friend. Back in 2012 my friend (who is extremely wealthy) gave me 2k to help me out with some serious issues I was having with debt collectors, he wanted to be more than friends shall we say and to this end he gave me another 2k early 2013 and another 2k late 2013 by way of bank deposits. I understood at the time that these were gifts and no verbal or written contract was drawn up. Once he realised that I was not that way inclined / spurned his advances, he started to get nasty and demanded the last payment he made to me to be paid back to him (which I had no means of doing) I was in a position to start to pay this money back in 2015 by way of monthly payments into his bank account after he started to hassle me, and have now cleared the money he originally wanted so stopped the regular payments. Trouble is he has started to to text me and ask for the payments to continue otherwise he will take me to court....... I can no longer continue to be held over a barrel whilst he demands payments from me as I have a small income and a large family to feed. When if ever will he stop to ask me for money ? Please let me know your thoughts and if indeed he could take me to court and obtain a CCJ The other option of giving up my will to him is unthinkable, I just want this guy out of my life Please help
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Hi all, Bit of back story to my questions: I'm a director of a webhosting company, and one of our payment processors we use is called Payza, which is similar to Paypal and very useful for people who live in countries not serviced by Paypal. Around about the 21st of March, the U.S. Department of Justice (DoJ) has filed a lawsuit against digital payment processor Payza for allegedly operating an unlicensed money service business that processed more than $250 million in transactions. Now looking at Payza's structure, they operate under several shady layers it seems. The company uses terms such as "servicing" companies, but all are ultimately falling under a UK Ltd company called MH Pillars Ltd. MH Pillars Ltd has had a few address changes recently, but now the latest registered address for them is an accountant's office. I tried to withdraw funds from our "ewallet" on the 21st of March, and a few small transactions went through, now I have nearly £5000 still stuck in my "ewallet" and the site is not allowing withdrawals. Each day the withdrawal requests remain "Pending" with a due date that just keeps on extending. Their support team no longer respond to emails, and they are not active on their Social Media accounts on Twitter and Facebook anymore. Anyone have suggestions please? What are the merits of sending a LBA to their accountants, and then a county court claim to their accountants as well? Would I just be wasting my money as accountants could just turn around and say nothing to do with us!
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Hello everyone, I'm having a problem with my local phone repair person, I gave him my phone to change the screen and paid £100 for it, they have changed the screen but now the home button doesn't work and there seems to be some dead spots on the screen as I can't type some letters in. I have tried solving this problem with them but he demands another £70 for fixing these issues, my phone is only worth £200 2nd hand, so that is really unfair. It's important to note that those features were working even when the screen was cracked. My only option is to take him to small claims court, and I need some assistance with that please. I don't know the person's name but I know that he's a sole trader, do I put his business name on the claim. I also don't a have receipt, but I have a reward card with one stamp that gives me a discount on my next purchase, also my bank statement shows that I have withdrawn that amount on the day, do I have any chance of success in court? Thanks for your help
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Last week a very important judgment was released in the High Court in relation to Part 85 'Third Party' claims. Given the importance of the subject, Master McCloud issued a draft decision, and invited the High Court Enforcement industry to provide comments and suggestions, based upon their experience in the area. The reason why the Master was asked to make the judgment is outlined in details in the following post. In this respect, I have referred to the recent news article from The Sheriffs Office. -
Hi, Since September last year, I have been pursing claims against a total of 17 Payday Loan providers whom I had taken various loans from during the period 2010 to 2014. Of the 17 providers, 6 have settled directly with me and I have currently have 9 claims lodged with the FOS. The FOS have stated that they are currently trying to decide whether they are able to consider loans taken out more than 6 years before the start of an irresponsible lending claim, and cannot provide any timescales for the resolution of the issue. Does anyone have any guidance on a likely timescale for this to be resolved as I cannot find any further information? -
2 days ago I was the victim of a crime in my local town. There was an armed robbery in one of our local shops where thankfully nobody was hurt. The getaway car that the robbers used was dumped in a back street where I live and set it on fire. Unfortunately for me, the car was dumped beside where my car was safely and securely parked as a result of the heat from the enormous blaze, the back end of my car has been damaged. The plastics covering the bumper, lights and badge on my boot were all melted and cracked and my boot door was all discoloured. It's a wonder that it survived the fire at all really what with the size of the fire. I contacted Hastings Direct as I have my insurance policy with them (Hastings Premier - not so premier if you ask me) who told me that even though my no claims bonus was protected in cases of vandalism, I was going to lose my no claims bonus. After hours on the phone and being sent from pillar to post, I finally reached a competent member of staff who assured me that it would be noted on my account that I was NOT at fault, but that I would definitely lose my no claims. What is this about? It is ridiculous! I am not at fault! This was all reported to the police and I have a crime reference number which was given to Hastings Direct, along with numerous photos of the car damaged, and the firemen putting out the fire. The firemen filed a report, as did the police! Can anyone offer me any advice at all please? I am at my witts end and feel like I am treated very unfairly!
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Hi there, I am in the process of going through MCOL for over £3500.00 due to poor service, supply, project management and deadly electrics when I had my kitchen installed by a large DIY chain. I am actually out of pocket to the tune of £3500.00 putting their mistakes right and my kitchen still isn't finished and it should have been completely finished by 6th October last year. I've managed to do all of the paperwork and POC and I have named 2 defendants; one is the large chain and the second is their parent company. I named the parent company because when I was liaising with the DIY chain and following their complaints process I was getting nowhere so I tried to use the parent company to apply pressure to no avail! the DIY chain have filed a defence, admitting some of their mistakes but not all even though I have proof, photos, electricians as witnesses, emails of complaint etc. Unfortunately, I have not heard a thing from the parent company with regards to filing a defence, acknowledgement of service or anything. Do I just leave them alone until it gets to court or do I have to let the court know I haven't heard anything back from them? I have received a copy of the defence from the DIY chain's solicitors and it's just full of legal speech to try and frighten me I assume. Also, they have offered me mediation with them however I really don't want to do that. For at least 2 months, I attempted to discuss this with them and they just ignored me I feel that because I followed their complaints process to the letter, they don't deserve to go through mediation. Does this go against me at all because I don't want mediation? Any help you can give me is really appreciated.
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Major crackdown on abuse of 'debt' judgement by rogue parking and utility firms is announced Ministers will pledge action on abuse of county court judgments by rogue firms Anyone who has had a CCJ without their knowledge will have it removed The Govt plans to immediately set aside all backdoor CCJs for those who can prove to a judge that they did not know about it when it was passed. http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html -
Received a small claims court summons 4 or 5 months ago made out in my own name instead of the business name for a totally ficticious invoice , we responded with a fairly robust defence. Receieved a reply from the court asking the claimant to send us by a named date and time a clearly listed claim, in numbered paragraphs explaining each point of the claim, and we had approx two weeks after this date to respond to the court and the claimant. The date came and went and we never received the paperwork from the claimant, we sent a letter by recorded delivery to both the court and the claimant stating that the deadline for us to reply was rapidly approaching and we had not recieved the paperwork so how could we answer, no reply was received from either party. we heard nothing else at all, so approx 10 days before the hearing we again wrote to the court and the claimant stating we had not received the claim particulars so how can we be expected to defend ourselves. again no reply. The day before the hearing we called the court and they seemed quite happy , they confirmed that both letters had been received and the judge would deal with it in the court. We attended court this morning asking for the paperwork to be given to us and to ask for time to review it so we could answer all the points validly. To be told the letters may have been received by the court but they wouldnt have been read until this morning...... we had plenty of time to prepare our case and that they would give us a short time to read the claim which they did. ( about 20 mins...) We had a valid argument for every question on there, however, as we did not know the questions that were coming we could not provide any paperwork to back these up ( we can provide the paperwork as we have it all) as how could we possibly know what was coming and what to prepare for, yet the claimant could provide his paperwork , which clearly he knew what to bring as he had filled the claim. Much to our astonishment they upheld the claims whilst we had good arguments we didnt have the necessary paperwork to back these up... we were then told that the court had followed correct procedure and we had to ask the same judge for permission to appeal, he refused this permission... The claim revolves around some car parts that were ordered in mid 2014 by a company that no longer trades, the money was requested as cash, which was withdrawn from the company bank account and paid to the claimant, the sum of £2000. The claim is that the parts were never paid for, and were ordered by me personally and not the business ( now some 3 years later with zero chasing in between) and that the parts were special one offs and as such were £6000 not the £2000 paid. Judgement was found against me personally for the sum of £6000 plus costs of some £1200 making £7200 plus the fact we had already paid £2000 so now im facing owning something that cost £2000 yet cost me £9200. To say I fell totally failed by our legal system today is an understatement. We also have xmas break coming up so its hard to gather information together. we were told I have 14 days to pay the order and 21 days to appeal to a higher court, but even if we appeal the order stands after 14 days so it can be enforced, how is this possible, this realistically means they can send a bailiff round in 2 weeks time? Also I simply do not have the money to pay this, I earn very little and have no assets, what is a lowest payment I can make if I have to, I currently earn around £1000 a month, 2 kids, mortgage etc etc Help....
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Hi everyone, I need some advice on behalf of a friend. He started working as a self-employed DPD franchise driver last year. It means you get the title as self-employed but essentially you drive their van, you wear their uniform, they tell you what hours to work & theres little say on your part in this. During the course of his working day, he got into an accident. The insurance companies stated that they could find nobody to be at fault for the collision and any damages were paid for. I believe the other guy who was involved in the crash had quite a high excess and as such is looking to claim this back - by taking DPD to court. This is where things get complicated. The claimant wants to sue DPD to recover costs. As such, the case is being heard in the claimants local county court because DPD are a business. DPD have told my friend he is to travel some 300 miles to this court and represent himself. My friend has had nothing from any court come through summoning him to court. We believe DPD have all the paperwork. We think DPD is trying to make him go to court on behalf of them to deal with this claim. DPD do have solicitors working on this case - we have yet to establish if they will be present on the court date. My question is, if the case is against DPD the company, does my friend need to go? when essentially he was a self employed franchise worker and not an "actual worker". Has anyone got any advice for a situation like this? -
Didn't see this anywhere so have posted, apologies if already done,. Needless to say, well, well, haven't they got themselves into a bit of a mess?!! http://www.bbc.co.uk/news/uk-42012116
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Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – What is the claim for – 1.The Claimant's claim is for the amount of £800 being monies due from the Defendant to the Claimant, under a Store Cards, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Vanquis Bank Plc under account reference xxxxxxx and assigned to the Claimant on 14/04/14 notice of which has been given to the Defendant. 2. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3. The claim also includes the statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.16p from the date of assignment of the agreement to 14/04/14 being an amount of £60). What is the value of the claim? £950 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector Were you aware the account had been assigned – did you receive a Notice of Assignment? The account was opened at a different address to mine. I lived at this address about 20 years ago but have moved twice since then. I received a debt collector letter in 2013 for this and I wrote and said they have the wrong person but I did not hear a thing until March this year when I got a County Court summons. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I have never made any payments (neither has the person who opened this account) What was the date of your last payment? None Was there a dispute with the original creditor that remains unresolved? Yes, its not my account Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No Hi, I am looking for any advice that I can get. TIA. I have copied the bit from the sticky and put my information in and posted it below. I have filed the defence and done all that I can. The case will be in court in a couple of weeks time. I am not nervous about the court bit, I wanted to check to see if anyone has any advice as it is a fraudulent account. I have reported it to the police via action fraud website and told BW Legal about this, but they are not listening. I have proof that the address the account was started out is not mine etc but they are not responding to any of the points that I am making. The main question that I have is: the account was started by someone using my maiden name. The account was started in 2012. I got married in 2003. Should I tell BW Legal that they are using my name wrong? -
I am so pleased but also worried sick to find this forum. Briefly, my son was driving my husband's car last year and a third party ran into the side of it resulting in it being written off. It was a classic automatic Mercedes (this may be important). As my son required to travel 50 miles each way to his work location and my husband works in a rural location we required a car asap. We were referrred to Auxilis by Admiral and despite feeling uneasy about it all we agreed to the contract. The following day we were contacted and told that they would deliver a premium automatic car the following day to our home address. I said an auto was not necessary nor a premium and as my son was not in a position to work at this time we agreed for a car to be delivered to our home the following day as we could use the only other car available to us for a day or so. I made a separate call to Admiral and asked very specific questions regarding the hire and cost of it and our liability. I even said that I realise it is very expensive and surely it would be better to get a cheaper hire ourselves. I was told that if we did that then we would be unlikely to get our money back and as it could go on for months before being settled we would be saddled with a big bill, probably thousands. That is exactly why Auxilis is recommended and people like us are referred to them I was told. The following day I phoned Auxilis to see what time to expect the car (as they even suggested that I could choose what type) and was told that the car was already on its way. A brand new 4 x 4 auto thing because our car was a 'premium' car so they provide a premium car as a replacement. This was not agreed to or suggested by me. Cutting this short - the car arrived, it took 6 weeks to get the pay out for the car and we waited to replace it until all was sorted, as we were told we could. The cost of the hire car for 6 weeks is around £7K to my horror. Obviously even though the accident was deemed completely no fault of my son's and the excess was covered in the claim and NCB is unaffected the other insurers are refusing to pay. The court date is set for end October and my husband has to attend (as the insurance is in his name). He is actually unable to attend as he has business travel at that time. I have a few concerns. The paperwork mentions wage slips, credit card details etc. Theoretically we could have put the cost on a credit card or paid from savings - I was told not to. How will this all play out in court? What will happen because he cannot attend, does that look like he is not cooperating, as he agreed he would? We were asked months ago to provide dates he could not attend for the next 6 months. This we did. That brought us to the beginning of September. No questions were asked about any period of time after that so he was not able to tell them that October would not be possible. I am really stressed over this. Any advice please? If we tell the truth in court as above I suspect we would be seen not to try and recover Auxilis' losses.
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Santander have rejected my PPI claim (store card) from 17 years ago on the grounds they believe it was sold in a proper manner (over the phone - which it wasnt - as I signed-up in-store with an agreement the assistant ticked for PPI) and was offered as optional and appropriate for me etc etc - which I absolutely disagree with. I have issued a SAR - but already do have copies of Agreement and statements etc. Unsure of whats best as next move - do I escalate issue with FOS (that I'm not hearing good reports about!) or small claims action? The amount of money involved is probably fairly small (circa £200 in PPI premiums?) Any thoughts appreciated! -
Hi All Wondering if you can help, I just took a phone call from my mum who is stressing because someone is taking her to the small claims court. Here is the story, sorry it's very long but I will try to make it as concise as possible: 1. She owns a website which sells musical instruments. People can pay her to list their instruments on her site. 2. Someone approached her to sell an instrument for around £500. She was paid £35 listing fee, and listed the instrument on her site. It was described as damaged and to be sold as is, because it was. Seller dropped the instrument off at her house as she better located for pick-ups (nearer London) 3. Buyer bought the instrument blind - did not come to see it, against the (verbal) advice of my mum. 4. Buyer paid owner of instrument directly into his account. My mum did not see any other money other than the £35 listing fee. Buyer's husband picks the instrument up. 5. Buyer tries to return the instrument because it "won't hold tune", my mum advises that it was sold as is and she should not have bought it blind 6. Buyer becomes increasingly hostile and threatens to drop the instrument off with my mum's elderly neighbors. My mum is a bit WTF at this point and tells the buyer to seek refund from the guy who actually owned the instrument, as she didn't receive any money for it. Buyer is not having any of it and insists my mum is responsible. 7. At this point my mum thinks the woman is crazy and ignores further communications 8. My mum receives a notice for remediation and calls the mediator, explains the situation and that the buyer should take the problem up with the seller, but the mediator is not interested in hearing this, so my mum says that "mediation is pointless" 9. The next thing, a letter for the small claims court arrives, and the hearing is on the 30th. I am wondering what her chances are of succeeding in small claims court are, and if anyone knows of any similar cases that we can read /bring to the hearing? In my opinion, this is a bit like someone trying to sue eBay over a listing for an item that is bought as spares or repair and sold as-is. The seller is responsible, not the agent - surely? Thanks in advance all, my mum is extremely stressed out over this. I don't know why she left it till now to tell me. Anything anyone can advise is greatly appreciated. -
I am currently in dispute with a builder over a patio - there have been several attempts to remedy the situation over the past 12 months the patio has been re-laid but there are still significant issues. Last time the builder was on site I unfortunately swore about the situation not directed at the builder. The builder became very aggressive and intimidating - shouting and swearing at me. I asked him to leave the house and he continued. Fortunately, at this point my wife came home with my daughters and she could hear the builder shouting from outside the house. I managed to get the builder into the front garden where he continued to shout and swear at me in front of my wife and 5 and 3 year old daughters. My wife asked him to stop multiple times. We got the children in the house and then he eventually left after a final tirade. In the evening the contractor sent a text to my wife rather than me acknowledging his behaviour had been inappropriate. He is offering to carry out further remedial work but we are obviously reluctant to have him back on site after this situation - he is a big guy. Where do we stand legally if we don't feel comfortable having him back on site? -
A close friend of mine has come to me with an issue he has with these nice people. He is a very busy guy, so approached them to run PPI checks, he understand they take a wapping 35%. he had 4 results, cap one £160+, Natwest £700+ 300+ from another NWest and some other for £70+, He is YET to be paid out for the 2 larger ones, the other two sent the cheques to the claims guys, They called him up and informed him they would offset the smaller ones against what he owes on the other two, yet to be paid out, bear that in mind. minimum fees for the two larger ones is £350 :o0 and approx £80 for the other two £80 was fees of the small ones and £150 kept and off set against the other £350, he has an invoice asking for approx £200 for the larger two. He was talking to me this morning and he explained what was the situation, he was ok with it.. .until i pointed out, they have breeched their own agreement with him!! As he has NOT been paid for the larger two, and taking into account they run a system where you do not pay them until you have been paid, offsetting the other money is indeed breeching their own rules and agreement he has with them. be warned, these people WILL keep money owed to you BEFORE you get paid for any larger refunds. he has contacted them and is negotiating a outcome, i do not known what is the end result. I just thought this needs to be highlighted and a warning for any one out there to be careful -
Hello, could someone please offer some advice. I received a ccj claim from the ncbc for a claim from Restons solicitors on behalf of their client capquest. I do not recall the debt what so ever. allegedly a catalogue. so i acknowledged the claim in order to give me time to file a defense. I sent restons a request for documents that they mentioned in the particualrs of the claim under cpr 31.14. first one got lost so sent another, they received this on 18/07/17 I asked that the request was carried out within 7 days. this has now passed also sent a cca request to capquest, to date still nothing received. as they haven't replied to my request where do I stand filing a defense when when i cant even see the documents they intend to rely on, its absurd in my opinion. obviously the clock is ticking as i filed the acknowledgement on 11/07/17. as im new to this any advice would be appreciated -
Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client needed to get printing urgently, I resent a new identical printer out, only this time this one had a glass build plate, so about 30x20, super tough, heat resistant glass plate that the plastic is printed onto. This was in fact a bespoke upgrade I did to this one but the plastic plate was also sent. This printer was also sent insured fully. This 2nd delivery went horribly wrong yet again, with a tonne of damage done. We sent both printers in the original boxes, designed for transporting them. They are thick boxes, with the original polystyrene inserts. Loads of space etc. we also used an outer box with more packaging to be safe. The packaging has never been challenged, in fact DPD stated that it was fine. long story short. I know DPD have accepted both claims (although irrelevant as the contract was with the 3rd party we use, TPC). I am still waiting for any decision, I have emailed multiple times and so we logged a small claims track. Unfortunately the printers are no longer made, so I have asked for the replacement cost of the latest available model for both printers. The defence is that they will not pay as there was glass in the box (even though only the 2nd item had glass in it) There is no consideration about the first delivery that had no glass in it at all. I have sent the court questionnaire off, have stated I am willing to mediate and I am waiting. No solicitors seem to be involved at this point, certainly no legal sounding stuff has come back from the defendant at this point. Just want some help and advice really. I have basically lost a part of my little business due to these printers being damaged beyond repair. Questions: 1. I have no doubt that I will get the compensation for the 1st Printer as there was no glass and it was clearly in breach of the Sale of goods and services act 1982, (reasonable care and skill clause). however What about where there is a piece of glass in an item? I have never actually claimed for this extra add on, I feel that if they had delivered properly in the first place I would not have had to send the 2nd printer out and also the glass did not cause the damage, it was just "also" damaged, but again I am not claiming for this. 2. I would normally claim for the cost of the item if damaged. However in the case of the model being superseded and no longer being available. Is it OK to claim a little more for the latest available model? I have averaged the price from 5 retailers and would genuinely be buying these to simply replace my lost printers. In my defence it is a real pain in terms of retraining and new software to learn a new machine. Any help would be appreciated on the best course of action and of course I will post everything up here so others can learn from my mistakes and hopefully successes!! I am about to go through mediation, but can't find much on the process here. Has anyone gone through this process as a claimant and is there any advice anyone can give. I have been told by the CAB that it's a chance to "negotiate" but Ii'm not sure if negotiation is what I want to do, i'd really like the defendant to try and see the light. Also can the defendant deny wanting to use mediation? Any help appreciated.
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