Not sure what to do next damaged package ( parcelforce )

[FlamingParrot]

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

Well done! Let's hope he sees the light and offers a settlement. Maybe he'll agree to mediation when he gets his N180. I hope lots of people are reading this thread and learn their lesson: if you are going to send an item, scrimping on packaging for the sake of saving a few quid doesn't pay in the long run! If he'd paid for a sturdy box to house the item he wouldn't be receiving a claim for the cost of the item & court costs. Silly Billy.

Do keep us posted :typing:

[des8]

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

Slightly at a tangent, but picking up on FP's remarks about packaging, a very light but strong packaging can be made from discarded polystyrene sheets completely bound and covered by parcel tape. I've used it to send fragile items like old radio valves without any problems at all

[Shanemorgan]

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

Well done! Let's hope he sees the light and offers a settlement. Maybe he'll agree to mediation when he gets his N180. I hope lots of people are reading this thread and learn their lesson: if you are going to send an item, scrimping on packaging for the sake of saving a few quid doesn't pay in the long run! If he'd paid for a sturdy box to house the item he wouldn't be receiving a claim for the cost of the item & court costs. Silly Billy.

Do keep us posted :typing:

Hi FP

Yes I also hope people are reading this and learning the procured on what to do. I didn't know the first thing on how to pursue this so I hope it acts as a guide so others are not left out of pocket ( providing it goes my way )
Decent packaging is given away free at most supermarkets they just leave piles of empty box's about for public to take and use.

Will let you know what happens next.

Thanks for everything so far I dare say I will be requiring more advice as we progress.

Regards
Shane

- - - Updated - - -

Slightly at a tangent, but picking up on FP's remarks about packaging, a very light but strong packaging can be made from discarded polystyrene sheets completely bound and covered by parcel tape. I've used it to send fragile items like old radio valves without any problems at all

Hi Des

I totally agree decent packaging is not expensive it just take some consideration and thought and there would be no problems.
Carelessness cost's money that could of otherwise been avoided.

Regards
Shane

[Shanemorgan]

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

Hi All

Quick update.....

On the MCOL Website it now shows the status as transferred to SOUTHAMPTON .
That's not looking good for it being local to myself is it ?

Cheers
Shane

[des8]

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

Court cases invariably are heard in the defendants local court but see post 62 above

[wales01man]

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

If we think in terms of the defendant until a judgement is obtained does not owe you anything at the moment you are saying he owes you and he is denying it?
Makes sense for the case to go to their local court so they can attend why should a defendant pay to prove its not their debt in travelling time and cost.

I believe you are right no doubt about that from what you have put on here a Judge has to see both sides and you both have the right to appear that's the system

[Shanemorgan]

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

Court cases invariably are heard in the defendants local court but see post 62 above

Morning Des

Yes I got that saved in the fav's for me to read through.

Cheers
Shane

[Shanemorgan]

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

If we think in terms of the defendant until a judgement is obtained does not owe you anything at the moment you are saying he owes you and he is denying it?
Makes sense for the case to go to their local court so they can attend why should a defendant pay to prove its not their debt in travelling time and cost.

I believe you are right no doubt about that from what you have put on here a Judge has to see both sides and you both have the right to appear that's the system

Morning Wales01man

That's fair enough I guess but I will be making the trip along with my partner who is listed as a witness to the condition of package on arrival. So that's 2 people having to make a 2.5 hour drive from my location to the court and then another 2.5 hour return trip ( GREAT FUN ).

Cheers
Shane

[wales01man]

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

Problem can be You win and are awarded costs and he don't pay or gets Judge to order a Pound a month hope not you have a watertight case but anything came happen

[Shanemorgan]

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

Problem can be You win and are awarded costs and he don't pay or gets Judge to order a Pound a month hope not you have a watertight case but anything came happen

Hi,
Ahhhh I hope not .... the longer this drags on the more I doubt my \ the ability to come out triumphant unfortunately.

Cheers
Shane

[Shanemorgan]

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

Hi All

Quick update.

Have received an official letter now stating this has been transferred to Southampton courts and I will receive a further letter with a date allocated for the hearing.

I have also received an email from the defendant with the below.

Hi Shane,

I normally enjoy court cases but I’m not enjoying this one because I do feel for your situation although you started proceedings against me.

So I have written to Parcelforce and asked them to send a rep to look at the packaging. If any one contacts you, please keep me informed.

Regards,


Thanks
Shane

[wales01man]

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

A comedian ! Enjoys Court cases must have been there a few times still think you will win bit late for a rep to see the packaging could have been changed since they first stated insufficient packaging .

File all the emails letters you get ready to include in your Court case might show him to be the idiot he seems to be

[Shanemorgan]

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

A comedian ! Enjoys Court cases must have been there a few times still think you will win bit late for a rep to see the packaging could have been changed since they first stated insufficient packaging .

File all the emails letters you get ready to include in your Court case might show him to be the idiot he seems to be

Hi Mate
I am going to print them all out this weekend and get all the correspondents in order and place in a file to take with me.

Id like to take this entire forum thread with me also

Thanks
Shane

[wales01man]

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

If the Judge reads everything from the both of you he can only decide one way its such a pity that this seller feels he has done no wrong, Having had an online business and selling on Ebay I always made sure a full refund was issued for faulty or damaged goods its IMO the only way to behave

[Shanemorgan]

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

Hi All

Quick update. Received this email from the Defendant this afternoon.

Hi Shane,

Parcelforce have offered a settlement of £100. Would you like me to settle for that, as a full and final settlement between all the parties involved, and forward a cheque to you for that amount, after their cheque has cleared?

Or would you prefer to continue to court? I am happy to follow your instructions but cannot give you legal advice or be responsible for the outcome of the court’s decision. It might be an idea to take legal advice because if I settle with Parcelforce that disables your ability to claim against Parcelforce for negligence and the probability is that you will lose the case against me (in my opinion anyway!).

I wish you had sued Parcelforce because the case would of been heard in your local court and the probability is that you would of won quite easily.

I will do whatever you want me to do except that I will defend your action against me by evidencing that what I have said is true.

Regards,


Thanks
Shane