Not sure what to do next damaged package ( parcelforce )

[des8]

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

Here's the link to the MCOL system
https://www.moneyclaim.gov.uk/web/mcol/welcome

If you intend to sue him, you need to send a "letter before claim" which sets out what you want, what you intend to do, and how he should respond.
The rules are here: /www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
I suggest you read them, if you're not already familiar with the process.

If you would like assistance post a draft up and we'll look it over for you.

" he was telling me to hold back information until I got to court " bad advice

[Shanemorgan]

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

Hi There,

Thanks for the information I will read through it as I am not familiar with anything on this subject at all.
Last nights correspondence is below

Good luck doing things your way. I’m sorry we want to take different approaches. I will follow any directions the court give on the matter and will do so quickly so inconvenience to you is minimised.


Regards,



I will see if I can draft a letter up today and let you take a look over it, I have advised XXXXXX that I am returning the item as damaged.

Thanks
Shane

[Shanemorgan]

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

Hi there,
Further email I received off the back of advising that I will be returning the item back as damaged.

Hi Shane,

The Sale of Goods Act 1979 does not apply to second hand goods sold by private individuals.

The address on the packaging is XXXXXXXXXX which is my home address. My full address is XXXXXXXXXXXXXXX . Use that address for the County Court Summons and returning the parcel. I do not agree you should return the item before receiving a decision from the court and therefore I will hold any returned item, unopened and await a decision by the Court. If I do not hear from the court within a reasonable period of time I will advise you to collect the item and if you do not collect it, I will dispose of it. Do not separate the item from it’s packaging or other evidence for fear of disabling any defence I may have. I cannot be held responsible for any item returned because I do not agree it should be returned to me prior to direction from the court.

I gather you no longer want my help or support pursuing your claim against Parcel Force.

I hope this matter can be settled by the court quickly.

All contact should now be through the court.

Regards,



Thanks
Shane

[wales01man]

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

you must be dealing with a comedian trying to put you off any action worth if you can get a free consultation with a solicitor

[ostell]

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

He also appears to be running a business, even if it is part time, if he's had previous dealing with PF. Can you look on Gumtree and see how many items he has for sale?

If it can be shown that it is a business then any court proceedings will be held at a court that is convenient for you.

He is still required to provide goods that work.

[Shanemorgan]

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

He also appears to be running a business, even if it is part time, if he's had previous dealing with PF. Can you look on Gumtree and see how many items he has for sale?

If it can be shown that it is a business then any court proceedings will be held at a court that is convenient for you.

He is still required to provide goods that work.

Hi there,
He is running a business but one that is nothing to do with the goods he sold me he is a professional wedding photographer and was just selling a piece of kit radio related so it is not tied to his business in this instance.

Below is the link to a template of a letter I should send out as first point of action
http://www.which.co.uk/consumer-righ...ms-court-claim

Thanks
Shane

- - - Updated - - -

you must be dealing with a comedian trying to put you off any action worth if you can get a free consultation with a solicitor

Well its turning out to be a stressful exercise dealing with this guy as he seems to want to revel in the fact of being taken to court.

Thanks
Shane

[ostell]

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

He may have a business like the photography business but has he got a little sideline in other things? You said he'd had trouble before with Parcel Force damaging equipment so if this is a regular occurrence he must be running a part time business. Keep that email!

Nevertheless he is responsible for getting the goods you paid for to you in good condition, business or private sale. A letter before claim might just sort his head out. Before you send it post it on here, suitably redacted, so that others can comment.

[des8]

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

"The Sale of Goods Act 1979 does not apply to second hand goods sold by private individuals."

It does, but not to the same extent as buying from a trader.

The template is fine, but I would reduce the 28 days for reply to 14.
Send signed for

[Shanemorgan]

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

He may have a business like the photography business but has he got a little sideline in other things? You said he'd had trouble before with Parcel Force damaging equipment so if this is a regular occurrence he must be running a part time business. Keep that email!

Nevertheless he is responsible for getting the goods you paid for to you in good condition, business or private sale. A letter before claim might just sort his head out. Before you send it post it on here, suitably redacted, so that others can comment.

Hiya,
Yes his previous 2x parcelforce damage claims were where he had posted out customer photo albums which had been damaged but parcelforce declined the claim on improper packaging on both occasions. He then replaced them free of charge to the customer.

Thanks
Shane

[Shanemorgan]

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

Hi All,

Please cast an eye over the draft of the letter I intend to send to the seller on this matter any guidance is gratefully received.

Dear XXXXXXXXXXXX
Reference: Purchase of Yaesu VR5000 Communications Receiver damaged on arrival
As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

Yaesu VR5000 Communications receiver purchased 15/06/15 for the sum of £165.00.
Item arrived via Parcelforce damaged both the external packaging and internal receiver itself.
Immediately notified yourself of the situation to which you acknowledged that a claim would have to be made by myself against Parcelforce. Parcelforce advised that the seller would have to instigate the claim to which you did. Parcelforce based on all evidence presented declined the claim based on the use of improper packaging for the device being posted. After trying to resolve this matter amicably also taking into account your admittance of 2x other occurrences of the same circumstances that you have had with Parcelforce where they also advised of improper packaging use which led to other items damaged which also resulted in failed claims against Parcelforce. You have openly said that in the previous occurrences you have replaced the items free of charge to your customers but will not rectify the same manner this time. I have no option but to return the item as damaged on arrival which has been extensively documented had numerous correspondents with yourself about via email (logged) had pictures taken of which were used in evidence within your claim against Parcelforce. I feel that based on all of these points I have no options left other than to pursue this matter through Count Court.
From you I am claiming Value of goods lost and Return packaging cost’s
I have calculated this sum £185.00 as £165.00 item purchase cost and £20.00 return packaging cost’s
Listed below are the documents on which I intend to rely in my claim against you:
Photographs of item packaging
Photographs of level of damage
Costed quote for replacement of ONLY cosmetic parts which are damaged direct from manufacturer
Extensive email correspondence between yourself and myself on this matter including all the guidance you provided to me to help you support you claim favourable towards yourself
In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
Parcelforce’s outcome of your claim along with their reasoning / justification
Photographs of the item prior to dispatch packaged
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 14 days.
Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.
Yours faithfully
XXXXXXXXXXXXXXX

If there is anything you feel should be removed / added please let me know and I will make the alterations.

Thanks in advance
Shane

[des8]

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

Don't return the goods.
Instead tell the seller to arrange collection, either by himself in person or by a third party (eg courier) and to insure the item against any further damage.
You will retain the item, and package it securely, until he arranges its collection within a reasonable time.

Head your letter "letter before claim"
There is no need to go into details about Parcelforce , or his earlier problems.They are his problem and nothing to do with you.
A simple statement that you purchased the item on dd/mm/yy, it arrived damaged on dd/mm/yy as you had advised him.
You require him to return your purchase price of £165.00 and arrange collection of the damaged item (as above)
As he has not agreed to this you are writing in compliance with Practice Direction on preaction protocols.
Include in your documentation The Sale of Goods Act 1979
Photographs of item packaging
Photographs of damage
Extensive email correspondence between us
In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of documents on which you may rely.
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 14 days.
Should I not receive a response to my letter court action will be commenced with no further reference to you.
Yours faithfully


As a matter of interest are you a radio ham?

[Shanemorgan]

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

Hi there

Good points have made the corrections and changes. Yes I am a radio ham 2W0YAB is my call that's why I am a bit gutted over this as I used to own one of these a couple of years ago then sold up everything and have just started getting back into the hobby and wanted to build my equipment back up.
Version 2 below.

Letter before claim
Dear XXXXXXXXXXXXXXXX
Reference: Purchase of Yaesu VR5000 Communications Receiver damaged on arrival
As it has not been possible to resolve this matter amicably, and it is apparent that court action will be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

Yaesu VR5000 Communications receiver purchased 15/06/15 for the sum of £165.00.
Item arrived via Parcelforce (damaged) on the 17/06/15 this being the external packaging and internal receiver itself and therefor I immediately notified yourself of the situation of which you acknowledged.
From yourself I require you to arrange suitable collection of the goods (as above) by either yourself in person or by a reputable third party courier service ensuring that insurance to cover the value of the items being returned is in place. I will suitably package the item securely ready for collection and retain for a reasonable time.
From you I am claiming purchase price of £165.00
I have calculated this sum £165.00 as £165.00 item purchase cost
As you have not agreed to this I am writing in compliance with Practice Direction on preaction protocols.
Listed below are the documents on which I intend to rely in my claim against you:
The Sales of Goods Act 1979
Photographs of item packaging
Photographs of level of damage
Costed quote for replacement of ONLY cosmetic parts which are damaged direct from manufacturer
Extensive email correspondence between yourself and myself on this matter
In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
Parcelforce’s outcome of your claim along with their reasoning / justification
Photographs of the item prior to dispatch packaged
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 14 days.
Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.
Yours faithfully



Thanks
Shane

[des8]

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

OK, it does the job, but ask only for "the documents on which you may rely" and delete "parcelforces outcome ,,,,,,,,,, dipatched package"

Thought you might be a ham, buying that sort of equpment
My late father in law was G5BB,and his last transceiver was a Yaesu ftdx401, and I have a friend GW4JRK.
A few years ago my OH was intending to get her ticket so she could keep her Dad's call sign alive. Never got round to it tho',

[Shanemorgan]

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

Ah yeah she can still do that though the M3 call is easy to obtain these days I know a few new hams that have done that with past family members call's. its a great hobby and get to meet some interesting people from all over the world.

The reason I ask for parcelforces outcome is to support my argument of improper packaging as they have advised the same with decline the claim direct from him as I agree with them it should of been in a box in reality.

Thanks
Shane

[des8]

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

Thanks for that.... something else for me to look up (should have kept quiet as I know what you hams are like/ lol)

It won't hurt to ask for those parcel force details, but just not necessary at the moment. If it goes to court he will have to disclose those documents then.