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Hi there,
I am looking for some advice and hope that someone on here may be able to assist me.
It is regarding a breach of contract through a service provider (parcel delivery services).
I contracted shipment of a parcel and the parcel's contents arrived damaged. As I have exceeded the company's internal claim procedure I have to file a small claim against the service provider for compensation due to damages incurred in transit (breach of contract due to negligence / not handling the parcel with reasonable care and skill according to the Supply of Goods & Services Act 1982). I took out full compensation cover for the parcel. The subcontracted courier as well as the booking agents’ goods in transit insurance rejected liability based on allegedly inadequate packaging. I have test certificates from the manufacturers of the packing material proving that it is fit for purpose.
Having read others' accounts of strikeouts due to Particulars of Claim not being not up to scratch, I've become very weary of how I write the Particulars of Claim. Also I'm not so familiar with the UK law system.
I read advice on this forum suggesting a hierarchy of causes of action - ie. ideally arguing breach of statutory duty (yet I don't know if and which statutory duty/law would be applicable), if that's not possible, using breach of contract and if neither is applicable claiming in the tort of negligence / breach of duty of care.
I also think that quite a few of the service provider’s terms and conditions which were in place at the time of booking fail the reasonableness test in the Unfair Terms in Consumer Contract Regulations 1999 as they do not meet the plain English language requirement – how can I validate this and include it in the particulars?
Further I just noticed it should also probably be covered by the DSR 2002 (online-contract), yet not sure in which way they can support the claim.
Also how much and from which date may I be able to charge interest? Which additional costs/damages can I charge?
It is within the jurisdiction for England and Wales.
I would very much appreciate your assistance with this and look forward to a response.
I am looking for some advice and hope that someone on here may be able to assist me.
It is regarding a breach of contract through a service provider (parcel delivery services).
I contracted shipment of a parcel and the parcel's contents arrived damaged. As I have exceeded the company's internal claim procedure I have to file a small claim against the service provider for compensation due to damages incurred in transit (breach of contract due to negligence / not handling the parcel with reasonable care and skill according to the Supply of Goods & Services Act 1982). I took out full compensation cover for the parcel. The subcontracted courier as well as the booking agents’ goods in transit insurance rejected liability based on allegedly inadequate packaging. I have test certificates from the manufacturers of the packing material proving that it is fit for purpose.
Having read others' accounts of strikeouts due to Particulars of Claim not being not up to scratch, I've become very weary of how I write the Particulars of Claim. Also I'm not so familiar with the UK law system.
I read advice on this forum suggesting a hierarchy of causes of action - ie. ideally arguing breach of statutory duty (yet I don't know if and which statutory duty/law would be applicable), if that's not possible, using breach of contract and if neither is applicable claiming in the tort of negligence / breach of duty of care.
I also think that quite a few of the service provider’s terms and conditions which were in place at the time of booking fail the reasonableness test in the Unfair Terms in Consumer Contract Regulations 1999 as they do not meet the plain English language requirement – how can I validate this and include it in the particulars?
Further I just noticed it should also probably be covered by the DSR 2002 (online-contract), yet not sure in which way they can support the claim.
Also how much and from which date may I be able to charge interest? Which additional costs/damages can I charge?
It is within the jurisdiction for England and Wales.
I would very much appreciate your assistance with this and look forward to a response.
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