I think there is some misunderstanding. The delivery company (hereafter: XC Link) is operated by Chinese people but registered in UK and based in London. It is legally a UK company. My argument point is that both XC Link and City Link (the UK company) has misconduct on handling my parcel. I have prove of their misconduct as I mentioned previously. As I paid £77 to XC link for the international shipment, I assume the shipment contract has been established and XC Link is the first carrier of my contract. So far the XC Link blame City Link and expect City Link taking the responsibility of making the compensation. My question is, do I have any chance to get the full compensation from XC Link if I bring XC Link to court?
You can't take XC Link to Court, only the courier company YOU instructed.
Does that clarify?
No, I instructed XC Link. XC Link instructed City Link for the pick up in UK, not me.
Then you can ONLY sue XC not City Link
You are not answering my question.
You asked: I am considering suing the Chinese delivery Company
I said - You can only sue the company who you PAID to do the work.
You said that was XC Link
My question is, do I have any chance to get the full compensation from XC Link if I bring XC Link to court?
I said you can sue XC Link
What else do you want to know?
do I have any chance to get the full compensation from XC Link if I bring XC Link to court? - Yes, if you can show that they failed to act with all reasonable skill and care and/or were negligent
I surely know I can sue XC Link even before I put this query.
You asked do you have a chance? I answered this.
Please be clear so I can help you/
What is your question that you need the answer to?
YOU ARE NOT PERFORMING PROFESSIONALLY.
You do not even read my query carefully.
I am considering to sue this Chinese delivery company for making mistakes and result in the lost of my parcel and demanding a full compensation. Do you think it is feasible? How long and how much legal cost will it take? Thank you!
THIS IS MY ORIGINAL QUESTION.
WHAT DID YOU ANSWER?
Do you think it is feasible? - Yes see my reply above.
How long and how much legal cost will it take? - If not defended 2 weeks. If defended 6 months
Costs: These vary
A list of Court fees can be found at:
Does this answer your question?
If not, please let me know what you want me to clarify for you and I will do so
How much chance do you think I have to get the full compensation?
Its hard to say because one Judge may give you this, another Judge may not
Litigation is never certain
I think you would get more then £250
How much do you estimate the total cost of bringing this to court, including the solicitor fee and court fee?
You can't instruct a Solicitor, it would be a small claim and you couldnt claim it back.
Cost of seeking back £2500 or so - around £250 or so
That is Court fees
Thank you. Could you please check my understanding so far? So I totally pay around £250 as the court fee, suing XC Link to seek back £2500 of the parcel lost. I will not be able to instruct a solicitor and thus I myself should provide the evidence proving the misconduct of XC link resulting the lost of my parcel. The winning chance is not guaranteed.
That is correct.
Can I clarify anything for you about this today please?
Could you please brief me the steps/process that I need to go through?
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Thank you! This is clear. Two last questions. Can I sue even I am not a british citizen but I have valid visa in UK?
You don't even need a visa to sue
2. If this has been brought to court, do I and the defendant need to show up on court?
You need to show up yes as you bring the claim.
If the Defendant does not show up, you are more likely to win
I live in Reading and this company is in London. Which court should I bring to?
It would automatically be transferred to your home Court if defended
Many thanks! One last question: if the court ordered XC Link to compensate. But XC Link refuse to pay, what will happen?
You could enforce it
Could you please be specific?
How to enforce it?
Can I clarify anything?
OK, that's it. Thank you.
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Can I clarify anything else?
I left negative feedback because of your very impatient attitude. For example, you even do not bother to spend more than two words for my last question of how to enforce it. You should pay more attention on answering questions clearly instead of answering questions mindlessly but asking 'Can I clarify anything?'
OK, then please clarify Bailiffs and Bankruptcy on how I could enforce the judgement.