Not sure what to do next damaged package ( parcelforce )

[Shanemorgan]

Re: Not sure what to do next damaged package ( parcelforce )

So I was right, he WAS taking the mickey! :tinysmile_cry_t:

CPR 16.5:


As he didn't deal with the allegations above, he shall be taken to admit the allegations that the item was damaged on delivery and not fit for purpose. :grin: :grin: :grin:

Hi Mate

The above in Des's comments are correct they are the order I went with.
What he will say in court is he agrees with the statements as indicated but they were caused through no fault of his own which clearly I am not saying that he dropped it what I am saying is if it was properly packaged then it stood more of a chance of survival.

I am not sure which way this is going to go to be honest ass he seem for want of a better word to be a bit of a D**K and is going to push it all the way. He has also requested the hearing take place at his local Court to which I have written in a statement that he clearly does travel due to his active photography business so that's a bit of a false statement and the fact I am already inconvenienced with the fact I am moneys out of pocket and the fact I am having to take action in this way so why should I be further inconvenienced by being made to travel well out of my way for a situation not of my making.

Thanks
Shane

[des8]

Re: Not sure what to do next damaged package ( parcelforce )

Well I'm afraid if it goes to a hearing the chances are you will be the one doing the travelling.
The good news is that when you win he will be paying your reasonable travelling costs and expenses, plus ... (see here regarding LIP costs http://www.lawgazette.co.uk/law/benc...19.fullarticle)

Does any one think it is worth entering a "Reply to the Defence" to refute allegation that posting was at claimants risk and quote SOGA 1979 Sec 20 and Part iv sec 27-29 ?

[FlamingParrot]

Re: Not sure what to do next damaged package ( parcelforce )

Well I'm afraid if it goes to a hearing the chances are you will be the one doing the travelling.
The good news is that when you win he will be paying your reasonable travelling costs and expenses, plus ... (see here regarding LIP costs http://www.lawgazette.co.uk/law/benc...19.fullarticle)

Does any one think it is worth entering a "Reply to the Defence" to refute allegation that posting was at claimants risk and quote SOGA 1979 Sec 20 and Part iv sec 27-29 ?

Definitely worth doing! :clap2: SS.27-29 of SOGA. What part of s.20 do you think is applicable here?

I'd say s.32(2):

(2)Unless otherwise authorised by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case; and if the seller omits to do so, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages.

S.35(2)(a) could also be relevant:

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and

I hope the OP hasn't yet returned the AQ because the Reply to Defence has to be filed with it. ray:

I have now received paperwork in the post. I have received a defence and counterclaim form which he has filled in and also added an attachment with his defence written out on ( I have attached a picture of this ).
I have also received a Direction questionnaire ( small claims track ) forms which I am to fill in. I also received a would you like to settle your case without going to court guidance form for mediation.

[Shanemorgan]

Re: Not sure what to do next damaged package ( parcelforce )

Definitely worth doing! :clap2: SS.27-29 of SOGA. What part of s.20 do you think is applicable here?

I'd say s.32(2):


S.35(2)(a) could also be relevant:


I hope the OP hasn't yet returned the AQ because the Reply to Defence has to be filed with it. ray:

Hi Parrot

Just catching up as in work with limited access to the net. I have not returned the questionnaire yet so I can make additions as directed if necessary.

Cheers
Shane

[FlamingParrot]

Re: Not sure what to do next damaged package ( parcelforce )

Hi Parrot

Just catching up as in work with limited access to the net. I have not returned the questionnaire yet so I can make additions as directed if necessary.

If you wish to file a Reply to Defence, you need to do so in accordance with the CPR:

Reply to defence

15.8 If a claimant files a reply to the defence, the claimant must
(a) file the reply with a directions questionnaire; and
(b) serve the reply on the other parties at the same time as it is filed.
(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).
(Part 22 requires a reply to be verified by a statement of truth)

This would be a separate document rather than an addition to the questionnaire itself and should be formatted something like this:


IN THE _________________________COUNTY COURT

CLAIM NO: Enter claim number

BETWEEN

Shanemorgan

CLAIMANT

V

Enter Defendant's name

DEFENDANT

_______________________________________

REPLY TO DEFENCE
_______________________________________

1. The Claimant admits....
2. The Claimant denies...

STATEMENT OF TRUTH

I, Shanemorgan the Clamant, believe that the facts stated in this Reply to Defence are true.


Signed _____________________________

Dated ______________________________

You may wish to post up your bits here before sending it. :typing:

[des8]

Re: Not sure what to do next damaged package ( parcelforce )

[QUOTE=FlamingParrot;560968]. What part of s.20 do you think is applicable here?

If the defence is that postage was arranged at buyer's risk, it implies that the property in the item passed to the buyer and therefore the goods are at buyers risk.
However seller is then bailee of the goods and would be responsible for securely packaging them prior to dispatch.......No?

[FlamingParrot]

Re: Not sure what to do next damaged package ( parcelforce )

. What part of s.20 do you think is applicable here?

If the defence is that postage was arranged at buyer's risk, it implies that the property in the item passed to the buyer and therefore the goods are at buyers risk.
However seller is then bailee of the goods and would be responsible for securely packaging them prior to dispatch.......No?

Yes, absolutely! :thumb:

Sorry, had a senior moment when I asked the question.

[des8]

Re: Not sure what to do next damaged package ( parcelforce )

No need for apologies

I generally put my comments in form of a question, because I'm used to having someone or other point out a caveat that's hidden in the small print, or an amendment that was made years after the original law

[Shanemorgan]

Re: Not sure what to do next damaged package ( parcelforce )

Hey guys

Quick question...

15.8 If a claimant files a reply to the defence, the claimant must
(a) file the reply with a directions questionnaire; and
(b) serve the reply on the other parties at the same time as it is filed.
(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).
(Part 22 requires a reply to be verified by a statement of truth)

Do I need to send a copy of my response out to the chap I purchased off along with a copy included with my questionnaire ?

Thanks
Shane

[Shanemorgan]

Re: Not sure what to do next damaged package ( parcelforce )

Hi All
How does the below look and read ?
Do I need to add any notes or anything further ?



IN THE COUNTY COURT BUSINESS CENTER

Claim No: B7QZ41W6

BETWEEN

Mr Shane Morgan (CLAIMANT)

V

Mr ***** ******** (DEFENDANT)

_______________________________________________

REPLY TO DEFENCE

_______________________________________________

1, The Claimant Accepts statement 1 of the Defence.
2, The Claimant Disputes statement 2 of the defence on the grounds of.
· The Claimant refutes the statement “ post it at his risk” referencing SOGA 1979 Sec 20, Sec 27-29, Sec 32 (2), Sec 35 (2)(a)
· Dispatch / Delivery of the goods were solely left to the responsibility and discretion of the Defendant with all costs passed on to the Claimant for recovery.
· Responsibility for the secure packaging were left to the responsibility of the Defendant
3, The Claimant Accepts statement 3 of the Defence.
4, The Claimant Accepts statement 4 of the Defence.
5, The Claimant Queries statement 5 of the Defence on the grounds of.
· Parcelforce have rejected a responsibility for damaged goods claim on the grounds of the packaging were not fit for the purpose of transportation for the goods dispatched. Mr ******** has their judgement.
STATEMENT OF TRUTH
I, Mr Shane Morgan the Claimant, Believe that the facts stated in this Reply to Defence are true.

Signature: __________________________

Date: __________________________

Cheers
Shane

[FlamingParrot]

Re: Not sure what to do next damaged package ( parcelforce )

Hey guys

Quick question...

15.8 If a claimant files a reply to the defence, the claimant must
(a) file the reply with a directions questionnaire; and
(b) serve the reply on the other parties at the same time as it is filed.
(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).
(Part 22 requires a reply to be verified by a statement of truth)

Do I need to send a copy of my response out to the chap I purchased off along with a copy included with my questionnaire ?

Thanks
Shane

Yes, a copy of your questionnaire and your reply to defence to both the court and the defendant.

[Shanemorgan]

Re: Not sure what to do next damaged package ( parcelforce )

Hi there buddy

Thanks for clearing that up for me.
I'm gonna go with the response then and see where that gets me.

Cheers
Shane

[FlamingParrot]

Re: Not sure what to do next damaged package ( parcelforce )

Hi All
How does the below look and read ?
Do I need to add any notes or anything further ?



IN THE COUNTY COURT BUSINESS CENTER

Claim No: B7QZ41W6

BETWEEN

Mr Shane Morgan (CLAIMANT)

V

Mr ***** ******** (DEFENDANT)

_______________________________________________

REPLY TO DEFENCE

_______________________________________________

1, The Claimant Accepts statement 1 of the Defence.
2, The Claimant Disputes statement 2 of the defence on the grounds of.
· The Claimant refutes the statement “ post it at his risk” referencing SOGA 1979 Sec 20, Sec 27-29, Sec 32 (2), Sec 35 (2)(a)
· Dispatch / Delivery of the goods were solely left to the responsibility and discretion of the Defendant with all costs passed on to the Claimant for recovery.
· Responsibility for the secure packaging were left to the responsibility of the Defendant
3, The Claimant Accepts statement 3 of the Defence.
4, The Claimant Accepts statement 4 of the Defence.
5, The Claimant Queries statement 5 of the Defence on the grounds of.
· Parcelforce have rejected a responsibility for damaged goods claim on the grounds of the packaging were not fit for the purpose of transportation for the goods dispatched. Mr ******** has their judgement.
STATEMENT OF TRUTH
I, Mr Shane Morgan the Claimant, Believe that the facts stated in this Reply to Defence are true.

Signature: __________________________

Date: __________________________

Cheers
Shane

I would add that there was no contract between yourself and Parcelforce, the contract was between him and Parcelforce. In the event Parcelforce had been negligent, it would be him who would be in a position to take relevant action against them.

[Shanemorgan]

Re: Not sure what to do next damaged package ( parcelforce )

I would add that there was no contract between yourself and Parcelforce, the contract was between him and Parcelforce. In the event Parcelforce had been negligent, it would be him who would be in a position to take relevant action against them.

Hi There

That's a very good point and one I had missed, but its now added to the points in the response.

This is going in the post tomorrow as it has to be back by the 30th so I think that is everything covered I hope ?

Cheers
Shane

[Shanemorgan]

Re: Not sure what to do next damaged package ( parcelforce )

Hi There

That's a very good point and one I had missed, but its now added to the points in the response.

This is going in the post tomorrow as it has to be back by the 30th so I think that is everything covered I hope ?

Cheers
Shane

Hi All

Paperwork went out in the post today, a copy to the Courts and a copy to the chap im taking to court.
All done properly....
Waiting game now.

Thanks
Shane