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Not sure what to do next damaged package ( parcelforce )

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  • #91
    Re: Not sure what to do next damaged package ( parcelforce )

    I haven't flicked back through this thread, but taking into account court fees I suppose you are looking for more than £200 in total.
    Up to you if you want to accept less.

    Any idea how Parcel Force calculate the damage at £100?

    Comment


    • #92
      Re: Not sure what to do next damaged package ( parcelforce )

      Originally posted by Shanemorgan View Post
      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.

      He still doesn't get it, does he? That the contract was between HIM and Parcelforce, so HE could sue them, however, there was no contract between YOU and Parcelforce since you didn't ring them asking them to go and collect the parcel from the seller and deliver it to your address, HE made the arrangements, so you couldn't have sued Parcelforce.

      It's up to you whether you think £100 is enough, you need to consider how much it will cost you to repair or replace the item as well as the court fees you paid.

      Comment


      • #93
        Re: Not sure what to do next damaged package ( parcelforce )

        Has he shown the evidence that parcelforce have paid this 100 quid we read that they refused compensation before because the packing was insufficient why the change??/

        Comment


        • #94
          Re: Not sure what to do next damaged package ( parcelforce )

          Or is this a little bit of guile to get off with only paying £100?

          He so doesn't understand the way contracts and the court work.

          Comment


          • #95
            Re: Not sure what to do next damaged package ( parcelforce )

            TBH I find it odd that Parcelforce should be prepared to pay £100 so easily when the pics show quite clearly that the item wasn't suitably packaged. A company like that would have a number of clauses to limit their liability for damage in transit, if they paid out £100 every time someone sends out an item that gets damaged because of poor packaging they would no longer be in business! It sounds like an attempt at a settlement without admission of liability.


            When it comes down to it, it doesn't matter if the money is being paid out by Parcelforce or he borrows it from Wonga! Personally I shouldn't think £100 is enough to cover the cost of the item & the court fee.

            Comment


            • #96
              Re: Not sure what to do next damaged package ( parcelforce )

              Originally posted by des8 View Post
              I haven't flicked back through this thread, but taking into account court fees I suppose you are looking for more than £200 in total.
              Up to you if you want to accept less.

              Any idea how Parcel Force calculate the damage at £100?
              Hi Des

              I think he only insured it to the value of £100.00 through parcel force in total

              Thanks
              Shane

              - - - Updated - - -

              Originally posted by FlamingParrot View Post
              He still doesn't get it, does he? That the contract was between HIM and Parcelforce, so HE could sue them, however, there was no contract between YOU and Parcelforce since you didn't ring them asking them to go and collect the parcel from the seller and deliver it to your address, HE made the arrangements, so you couldn't have sued Parcelforce.

              It's up to you whether you think £100 is enough, you need to consider how much it will cost you to repair or replace the item as well as the court fees you paid.
              [/COLOR]

              Hi Parrot
              I don't think it is repairable to be honest its a replacement jobbey and your looking at around 250 -300 to pick up a second hand replacement of one of these.

              Cheers
              Shane

              - - - Updated - - -

              Originally posted by wales01man View Post
              Has he shown the evidence that parcelforce have paid this 100 quid we read that they refused compensation before because the packing was insufficient why the change??/
              Hi there

              this has come off the back of another letter he has sent to parcel force which he informed me he was doing I have no evidence of any offer or anything I guess he would bring this to court with him.

              Thanks
              Shane

              Comment


              • #97
                Re: Not sure what to do next damaged package ( parcelforce )

                Originally posted by Shanemorgan View Post
                Hi Parrot
                I don't think it is repairable to be honest its a replacement jobbey and your looking at around 250 -300 to pick up a second hand replacement of one of these.
                I take it you won't be accepting the derisory settlement then... :nono:

                Comment


                • #98
                  Re: Not sure what to do next damaged package ( parcelforce )

                  Hi All

                  Quick Update.
                  Received the attached in the post, looking for advice on what I should do next as I don't want to do the traveling for the initial hearing ( 5hr traveling time ).

                  Thanks
                  Shane
                  Attached Files

                  Comment


                  • #99
                    Re: Not sure what to do next damaged package ( parcelforce )

                    [QUOTE=Shanemorgan;567763]Hi All

                    Quick Update.
                    Received the attached in the post, looking for advice on what I should do next as I don't want to do the traveling for the initial hearing ( 5hr traveling time ).

                    Good morning.

                    This is a no option order " Both Parties Must Attend" failure so to do could lead to judgement against the non attender of the claim will be struck out.

                    Your choice of course but the order is clear, if they judge is minded to he could find you in contempt.

                    nem

                    Comment


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

                      As Nem says if you wish to continue you must pay hearing fee and attend court.
                      Your other options are to come to an agreement with defendant (he offered £100 ?) or discontinue the action.

                      Comment


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

                        Originally posted by des8 View Post
                        As Nem says if you wish to continue you must pay hearing fee and attend court.
                        Your other options are to come to an agreement with defendant (he offered £100 ?) or discontinue the action.
                        Hi Des

                        Ok no probs so that's fine on the payment to the court that's not a problem. So if I am reading this correctly the date I need to attend is the 10th of September and 23rd of October ?
                        Need to compile all Doc's and submit by the 18th of September ?

                        Thanks
                        Shane

                        Comment


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

                          Personally, I'd be tempted to attend and ask for LIP expenses too (they're £19/hr if I remember right?). This guy's taking the Pi$$ and it'd be a matter of principle for me :tinysmile_twink_t2:
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


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

                            for ease of reference:


                            Attached Files
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


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

                              That's correct, but also read up on the rules the court referred to.
                              Here's links to them:
                              https://www.justice.gov.uk/courts/pr...l/rules/part27
                              http://www.justice.gov.uk/courts/pro...rt27/pd_part27

                              Comment

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