Not sure what to do next damaged package ( parcelforce )

[Shanemorgan]

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

Hi Des, Amethyst & parrot

Thanks for all the help that's been provided through yourselves and the other guys on here its been great as I would not of had a clue where to begin.
Will keep you all updated with the progress as it happens and if I get stuck also .

Best Regards
Shane

[Shanemorgan]

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

Hi All

Just a quick update i have received an email from the gentleman to say he has received the court papers and is preparing his defence.

Thanks
Shane

[FlamingParrot]

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

Hi All

Just a quick update i have received an email from the gentleman to say he has received the court papers and is preparing his defence.

Thanks
Shane

I hope you intend to post it up here, can't wait to see what excuse he will try to concoct!

[Shanemorgan]

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

Hi All

Activity update,
A defence was filed on the 13/07/15
A bar was put in place on the 13/07/15

Any info on what this means would be gratefully received and what to expect next.

Thanks
Shane

[des8]

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

You will be sent a copy of the defence and an allocation questionnaire for return to the court.
The "bar" is to prevent you applying for a Judgement by default

[Shanemorgan]

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

You will be sent a copy of the defence and an allocation questionnaire for return to the court.
The "bar" is to prevent you applying for a Judgement by default

Hi Des

Thanks for that so I will just see what arrives in the post now then over the next few days.

Cheers
Shane

[Shanemorgan]

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

Hi All

Just received an email from the chap stating that today he has filled in another questionnaire from the courts and will be posting it back out tomorrow.
I have still not received anything in the post as yet.

Thanks
Shane

[Shanemorgan]

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

Hi All

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.

Let me know what you guys think of the defence attachment.

Thanks
Shane

[des8]

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

Did the exchange, or anything like it, actually occur?
Was the item for collection only?
Presumably you had to give him your address, and pay extra for postage?
Was any of this done by email, or was it all via phone?
If by email, have you retained them?

Even if the agreement was for him to post at your risk, he has a duty to wrap the item securely, which he didn't

[Shanemorgan]

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

Did the exchange, or anything like it, actually occur?
Was the item for collection only?
Presumably you had to give him your address, and pay extra for postage?
Was any of this done by email, or was it all via phone?
If by email, have you retained them?

Even if the agreement was for him to post at your risk, he has a duty to wrap the item securely, which he didn't

Hi Des

Thanks for taking a look please see below email I received from him after purchase.

Hi Shane,

Thank you for buying the VR-5000. It has been well wrapped and don’t forget there are 2 parcels inside. The radio and the adapter.

Irritatingly, I have missed todays Parcel Post as they came early, apparently.

So you should get it Thursday as next day was £27!

The tracking number Barcode is: FWBW3231480GB

I hope it arrives safely, and on time, and gives you many years of pleasure.

Please confirm safe receipt of this email.

Thanks,

Regards


Thanks
Shane

[wales01man]

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

Think your dealing with a Comedian has he made a counterclaim?

[Shanemorgan]

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

Think your dealing with a Comedian has he made a counterclaim?

Hey buddy

No he has selected not to make a counter claim just as well as I would of blown my lid.

Cheers
Shane

[FlamingParrot]

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

Hi All

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.

Let me know what you guys think of the defence attachment.

What were items 3 and 4 on your particulars of claim, the ones he's replied to with "I believe the claimant"? Sounds like he's taking the Mick... :mmph:

[des8]

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

What were items 3 and 4 on your particulars of claim

1. On 15 June 2015 the claimant purchased via the internet a YAESU 5000 communications receiver in the sum of £165.00 from the defendant.
2. The defendant was to deliver the item to the claimant's premises
3. The item was delivered on 17 June 2015 damaged
4. The item is not fit for purpose
5. Despite written requests the defendant has refused to refund the purchase price
AND THE CLAIMANT CLAIMS
1.The sum of £165
2.Interest as per sec 69 of the county Courts Act 1984 at such rate and for such period as the court thinks fit
3.Costs

I'm making no comments until tomorrow!.

[FlamingParrot]

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

3. The item was delivered on 17 June 2015 damaged
4. The item is not fit for purpose

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

CPR 16.5:

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

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: