Parcel2Go lost 3 parcels (no insurance)

[3xpat]

Hi all,

 

I sent 5 parcels (together) with p2g valuing approx £1000,

2 parcels made it,

3 were lost.

 

p2g have refunded the delivery cost however I am now approx £600 worth of items short.

 

I am just waiting for my refund to clear into the bank before proceeding with a letter before claim. I will look to use the info previously posted in this forum regarding the 2 previous judgements made against p2g and parcelhero + the EVRI skeleton argument posted by @BankFodder

So far my claim summary looks something like this (below) - I would appreciate any feedback before proceeding. Many thanks
 

"I used Parcel2Go.com to deliver 5 parcels valued approximately £1000..

 

Defendant lost 3 lost of the 5 parcels & refuses to compensate me as I didn’t pay for insurance.

 

Parcel2Go’s requirement that the client must themselves insure against Parcel2Go's own contractual breaches is unfair per the Consumer Rights Act 2015 and unenforceable.

 

Parcel2Go’s attempt to sell additional insurance cover for items they have contracted to deliver is an attempt to sell rights which I enjoy per the 2015 Act. Therefore the defendant is trading unfairly as per Consumer Protection from Unfair Trading Regs 2008 para10 sch1.

 

I'm claiming items valued at £600 and court fees £x.

 

I would draw your attention to the recent judgements on same circumstances in the case of Preslav Penchev V Parcel2GO case number 225MC852 and Martin Tillyer V Parcelhero.com LTD case number H5QZ25Q7, both of which were found in favour of the claimants."

 

 

[BankFodder]

Ok. Looks like you are onto a good start but we would like to know a little bit more about the parcels.

Tell us more about the contents , where the parcels all sense under a single tracking number or under different tracking numbers, where they send to different addresses or the same addresses.

 

 

 

In particular, if they were sent under different tracking numbers then have a look particularly at the thread to see our approach there, although your apostles have considerably less value

 

 

Also, make sure that you post your final version of your letter of claim here before you send it off

[3xpat]

Hi thanks for your reply..

A bit more info regarding my case. I recently relocated abroad (within Europe). I sent 5 parcels of personal/household items (all sent to the same address all at the same time). All parcels were sent under 1 P2G tracking number and each of the 5 parcels had it's own UPS tracking number. All parcel contents+value were itemised with P2G before sending.

After a few weeks and no delivery I was contacted by customs who informed me that I would need a mountain of paperwork to get my parcels through or pay 500+ Euros. However by the time I would have managed to gather such paper work the UPS storage fees would be in the thousands of £. So I spoke to P2G and paid (again) for the parcels to be returned. It was this return trip where 3 of the parcels were lost.

Is there a LBC template you would recommend? and would you suggest I mention the previous case judgements against Parcel2GO (225MC852) and Parcelhero.com LTD (H5QZ25Q7) - or should I hold off until I issue the claim?

Can I do still claim while living abroad? I know when you file a small claims it asks if you have an address in the UK or not (If I do issue a claim I could do so from my parents home address in the UK)

If it does go to court will I have to appear? I was in court last year against a Landlord and he didn't show. I won the case but the Judge still honoured his WS in the hearing.

Thanks again for your help 

Edited May 12, 2023 by 3xpat

[dx100uk]

no templates 

its called READING UP..

 

you will have to appear yes if  it ever gets that far....

[3xpat]

@BankFodder @dx100uk Here's my draft for Letter before Claim. Any feedback would be appreciated

 

Letter of Claim -  Parcel Reference: XXXXXXXXX
 
On XXXXX I used your service to send 5 parcels with the above reference number. Only 2 of the 5 parcels arrived at the destination. The remaining 3 parcels did not arrive. 
 

After enquiring with your customer service team it transpires that the parcels were lost. According to your e-mail you cannot compensate me for the value of the parcel’s contents for I opted against taking out parcel protection.
 

The values of the items to me were £600. I am pursuing yourselves as I am entitled to do under the Consumer Rights Act 2015
. 

I have spoken with your customer services team to try and resolve this but have been unable to.
 

Parcel2Go’s requirement that the client must themselves insure against Parcel2Go's own contractual breaches is unfair per the Consumer Rights Act 2015 and unenforceable.

Parcel2Go’s attempt to sell additional insurance cover for items they have contracted to deliver is an attempt to sell rights which I enjoy per the 2015 Act. Therefore the defendant is trading unfairly as per Consumer Protection from Unfair Trading Regs 2008 para10 sch1. I'm claiming items valued at £600 and court fees £X.

 

I would draw your attention to the recent judgements on same circumstances in the case of Preslav Penchev V Parcel2GO case number 225MC852 and Martin Tillyer V Parcelhero.com LTD case number H5QZ25Q7, both of which were found in favour of the claimants.

 

You have so far declined to reimburse me and I am therefore informing you that I propose to begin a county court claim against you within 14 days of this letter. I will not begin this process if you reimburse me for the lost parcels before that date.
 
Yours faithfully...

 

Edited May 18, 2023 by 3xpat