Case Law on parcel companies charging extra insurance vs consumers statutory rights

[BFair]

Hi all. Fantastic forum. Thank you for helping so many people.

 

I have read and learned so much from this forum. I am currently involved in a small claim vs a parcel company, after they lost my parcel.

 

The usual goodwill offers of less than the value were made, and the usual “you didn’t insure it” excuse too as per almost all of the cases on here…

 

My case has proceeded to having a court date set and I’ve been continuously attempting to resolve prior as expected by the procedure guidance.

 

The company are not accepting my argument of lack of the reasonable care required by the Consumer Rights Act 2015 and have stated the following:

 

”We have, and I quote, information directly from a judge on a previous matter which was taken to Court -

 

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.”

 

Now… I am utterly sure if this indeed was from a judge, it is a very select, incomplete and biased snippet, but I cannot find any related court cases at all... Does anyone know of any?

 

I plan on continuing to try and resolve and I will be going to court if necessary. I will of course update this thread accordingly for reference.

[dx100uk]

Why are you hiding naming them...???

 

Dx

[BFair]

Hi dx100uk

 

I haven’t named them as the email containing the above quote said the information was for the recipient only, I don’t want to breach any privacy rules or anything (excuse me if I’m wrong on that!).

 

Its one of the usual culprits.

[dx100uk]

You cant break YOUR consumer right..nor their s - name and shame.

 

yOu said youd read stuff here. Well every thread names their p roblem company...

the insurance issue is irrelevant, what do you think they do, put a big red x on an insured parcel that they know means dont lose rhis one as we mugged them to pay for insurance in case WE lose it...

 

[BankFodder]

We need to know the court date .

, We need to see your claim form in PDF format and also the defence in PDF format .

We need to know who you are claiming from .

We also need to know what you sent, the value, was the value correctly declared?

 

 

 

Did you use a third party parcel broker? Did you take out the so-called insurance?

You really only told us a little bit of a story and have given us any of the important detail.

If you want us to help you get your money back then you will have to provide the information that we need

We really are not in the business of trying to guess riddles here.

 

 

 

 

 

.

 

[BFair]

Of course. Thanks! It will take a while for me to do the pdf’s but in the meantime:

 

Court date is set for October 2022 at my local Court

Vs Parcel2Go.Com 

I sent some steel hardware, worth £105, correctly declared value.

No insurance was purchased as I rely on my rights granted by the CRA 2015 for the service to be performed with reasonable care and skill 

Parcel confirmed lost by parcel2go (not reasonable care or skill!), they offered the usual £20, £50 goodwill BS etc.

 

Thanks everyone

[BankFodder]

Ok. Lots of time although what is the date for filing your bundle of documents with the court and with the other side ?

 

 

Please make sure you read the stories on this sub forum and you will understand the information we are looking for .

Also, it will help you understand the principles relating to the unenforceability of the enhanced insurance requirement

 

 

[BFair]

Bundles much be lodged not less than 2 working days before the hearing, and not less than 5 working days before a final hearing.

 

I guess this is the only, so final, hearing? So that will be a deadline of late September. 

 

Yes I’ve read a lot of the cases and have seen all the excellent help you have given and your note on the protected and non protected services being indistinguishable, and that it is of course unfair for the consumer to be expected to take out insurance against the negligence and/or criminality of the service provider’s employees.

 

Initially I thought that it was much more simple, ie that the CRA requires the service to be carried out with care/skill and losing the item is obviously careless and unskillful.

[BankFodder]

That seems very short. Maybe it's something new, but previously it's been 21 days .

Maybe you can double check .

Frankly, I think you should probably phone the court and confirm it

 

 

[AndyOrch]

Submission of Bundles and exchange of statements and evidence are usually separate dates ....check your N157 Notice of Allocation carefully.

 

Bundles normally 2-5 final hearing......exchange of statements/evidence normally 14 days pre hearing.

 

 

 

.

[BFair]

Andyorch is exactly right, I’ve re-checked the N157 @BankFodder

 

Bundles is 5 working days pre hearing and exchange of statements/evidence is 14 days pre hearing.

[BankFodder]

OK - do the reading - including:

 

 

[BFair]

@BankFodderThanks. Yep I’ll do the reading, I can’t see the link on your last post though, it’s just a blank square… could you please post it again? Thanks

[honeybee13]

The box works on my phone, it's a thread by alanwicker555.

 

HB

 

https://www.consumeractiongroup.co.uk/topic/434343-parcel-hero-evri-lost-laptop-successful-claim/

 

[BFair]

Thanks honeybee! Must be my phone. Appreciated 

[honeybee13]

Did you find the thread, BFair?

 

HB

[BFair]

Yep, the link in your post works for me! Read at relevant notes extracted. Excellent. Thanks!

[BankFodder]

Make sure that you read the other stories. That is not the only relevant thread.

Prepare your witness statement/skeleton argument in good time and post it up here in advance

[BFair]

@BankFodder Thank you, yes will do.