EVRi has lost my parcel - court claim issued

[BankFodder]

Chelsea Walton

 

again

[BankFodder]

I see that they are now describing their insurance I see that they are now describing their delivery service where the customer doesn't buy into their insurance racket as a "zero protection service".

 

A few comments on some aspects of their defence:

 

7. Upon entering this value in the booking process, the Claimant received the following pop-up message: “Don't get caught without enough protection should the unexpected happen. You can protect your parcel up to the value of £5,000.00. Yes, I would like to protect my £480.00 parcel against loss or damage for £24.00 exc VAT. No, I'm willing to risk my £480.00 parcel. I'm not worried about potential loss or damage.		Yes I would like to avail myself of an extended warranty so that in the event that something gets lost, the courier company will be relieved of their statutory burden to reimburse me because this will then be undertaken by the insurance policy that you have sold me.
8. The Claimant declined the option to protect their goods fully and continued throughout the booking process, entering all necessary details for collection and delivery. Prior to accepting the Terms and Conditions, the Claimant received a final pop-up message again prompting them to protect their goods fully. This was declined again, and the Claimant accepted that this parcel would be sent on a standard zero protection service.		The claimant declined the extended warranty but this left the courier company's statutory responsibilities intact. An attempt by the courier company to exclude their statutory obligations would have been unlawful under section 59 of the Consumer Rights Act 2015
9. This means, should problems arise with the booking such as damages or loss of the contents, then the Defendant is not liable to pay out the claim.		This means that in the event of loss or damage, the courier company would have to step up to their statutory obligations
17. Parcel Protection is taken out prior to the booking being made. This is offered in instances of losses or damage to any contents which are sent with the Defendant. Should the Claimant not agree to this extra fee, then they are able to book with an alternative service that allows Parcel Protection included in the service and not have an extra fee.		There is no alternative courier service which provides a delivery service with the insurance element included. This is one of the reasons why the insurance requirement is unfair. The fact that there are no alternatives is one of the tests for whether or not a contractual term is unfair
22. The Claimant has no real prospect of success as liability is excluded by the Defendant's standard Terms and Conditions which were agreed by the Claimant.		This is not correct and the courier company knows that this is not correct.
23. The Defendant knows of no other compelling reason why the case or issue should be disposed of at court.		This is not correct and the courier company knows that it is not correct

 

 

[BankFodder]

I think it would be worth asking Chelsea Walton in court what alternative service she has in mind which apparently provides a courier delivery – all-inclusive.
I suspect that she doesn't know the answer

[Dankeepsie]

Thanks @BankFodder very good point indeed.

[BankFodder]

Of course you wouldn't be able to ask this question at mediation – there would be no opportunity and no point anyway.
This is a question which would need to be asked in court before a judge so that the judge can see her hesitation for themselves

[Dankeepsie]

Agreed.

 

So am I to receive the DQ through a letter soon? Do I need to Request Judgment through MCOL?

[BankFodder]

Now that they have supplied the defence, you won't be able to apply for judgement.

The next stage will be to receive the directions questionnaire which will give you an opportunity to opt for mediation or else to decline it.

This is something we can discuss going forward.

 

[Dankeepsie]

Directions Questionnaire received!

[BankFodder]

There needs to be some further discussion about whether or not to opt for mediation.

I understand that your DQ does not need to be filed until the 19th April so I suggest that you wait until the 14th or 15th of this month before making a decision.

 

[Dankeepsie]

Directions Questionnaire sent to the County Court Business Centre. Also served (via e-mail) to Parcel2Go.com.

 

Opting for mediation. Let's see how that goes.

[Dankeepsie]

Parcel2Go.com Limited filed a DQ on 27/06/2022

Your claim was transferred to GUILDFORD on 27/06/2022

[BankFodder]

So what happened to the mediation?

[Dankeepsie]

There had been none! I had sent the DQ (see attached) on 13th April. opting for Mediation however I never received a response.

 

I did receive a letter two weeks ago: The Defendant, you have been sent Notice of Proposed Allocation to Track which specified the date by which you were required to return the Directions Questionnaire. You have failed to file the DQ with the CCBC by the date specified in the Notice.

However it seems Parcel2Go have now responded and filed their DQ (only yesterday!). See below:

 

 

Quote

 

You submitted a claim on 08/03/2022 at 14:49:08

Your claim was issued on 09/03/2022

Parcel2Go.com Limited filed an acknowledgment of service on 14/03/2022 at 12:05:09

A bar was put in place for Parcel2Go.com Limited on 29/03/2022

Parcel2Go.com Limited filed a defence on 29/03/2022

DQ sent to Parcel2Go.com Limited on 29/03/2022

DQ filed on 18/05/2022

General sanctions order was made on 14/06/2022

Parcel2Go.com Limited filed a DQ on 27/06/2022

Your claim was transferred to GUILDFORD on 27/06/2022

 

 

N180 Directions Questionnaire.pdf

[BankFodder]

Well it might go straight to a hearing. Let us know .

Keep on doing the reading

 

[AndyOrch]

You will receive a Notice of Allocation (N157) next...this will contain the court's directions, date of hearing, date to pay hearing fee etc etc.

 

Post back once you are in receipt of this order....as you will have to submit a statement and evidence by date

 

Andy

[Dankeepsie]

I have now received the Notice of Allocation, and separately Parcel2Go's bundle (see attached).

 

I'll have to send the bundle now, containing my defence. I assume the content in the sticky thread below should be my defence?

 

Binder4.pdf

[dx100uk]

You are the claimant, you are not defending anything!!

 

You need to do a witness statement.

 

Dx

[AndyOrch]

Scan redact and upload a copy of the Notice of Allocation lets see the directions. (retain dates)

 

 

 

.

[Dankeepsie]

See Notice of Allocation attached.

 

 

Notice of Alocation to the Small Claims Track (Hearing).pdf

[AndyOrch]

Straight forward so by 4.pm 30th Aug you must comply with point 4.

 

Particularised statement expanding on your initial particular's of claim and attach your evidence. Copy (bundle) to court and the defendant by said date.

[Dankeepsie]

Please see witness statement draft attached. I will be reviewing it this weekend so I can send it to all parties later next week.

Witness Statement.pdf

 

I'm thinking of rewriting the Witness Statement in a more clear chronological format, listing the timeline of what happened. Would be easier for the Court to follow it.

 

I've finalised my Witness Statement (attached), any red flags before I send it to all parties?

Witness Statement.pdf

[AndyOrch]

What's the rush ?  you  have until 30th Aug...wait until you receive the defendants statement then you can see what they will be relying on and you can counter it...you cant alter a statement once you have filed it.

[Dankeepsie]

@Andyorch I do have their defence uploaded here:

 

 

[dx100uk]

No andy said witness statement.

 

 

[Dankeepsie]

It is on Page 28-29 of the same document (bundle). And it is as follows:

 

Quote

WITNESS STATEMENT
I Dianne Fisher, of The Cube, Coe Street, Bolton, BL3 6BU, say as follows: -
1.I am the Asset Protection Officer, employed by the Defendant. I am duly authorised by the Defendant to make this witness statement on their behalf.
2.The facts and matters set out in this statement are within my own knowledge unless otherwise stated, and I believe them to be true. Where I refer to information supplied by others, the source of the information is identified; facts and matters derived from other sources are true to the best of my knowledge and belief.
3.The Defendant is a global courier company offering cost effective shipping services across the UK and internationally. We work with some of the world's largest couriers including UPS, FedEx and Parcelforce; we can deliver parcels to 240 countries worldwide at discounted rates.
4.We take orders via our website.
5.The Defendants business model is one used by many courier companies, and the parcel protection offered to Claimants make it possible for the business to remain competitive and commercially viable.
6.The Claimant booked an order with the Defendant through their website, when doing so, they did not take out the Parcel Protection for the goods. Instead choosing zero protection.
7.The items were sent and, unfortunately, confirmed as missing in transit.
8.The claim was closed, and a refund was made for the carriage costs due to no protection being taken out for the goods. This refund was made on 24.02.2022.
9.Further contact was made with a letter before action; however, the claim was not settled.

 

Edited August 8, 2022 by Dankeepsie