How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I reside in Scotland I want to use the Simple Procedure to

Resolved Question:

I reside in ScotlandHelloI want to use the Simple Procedure to recover £1500.I recently sold a MacBook Laptop, I did this using eBay, although I listed the item as a collection sale to avoid Paypal fees, the buyer used a Bank Transfer as they were based in England. It was a new unused laptop and given me new financial difficulties was sold to raise money and reduce my overdraft.I used an online parcel delivery service called parcel2go.com, they facilitate a parcel booking service that displays couriers with quotes based on weight and destination. I paid parcel2go.com with an online transaction. I selected a courier (DX) and opted for the optional enhanced cover that costs £90 based on the item value of £1500, this covers loss, damage (excluding screen damage).Prior to collection, I took photographs of the package and contents and the parcel was collected by the courier. Next day on delivery the addressee contacted me and informed me the parcel looked tampered with and the contents; (laptop) was missing.I immediately contacted Parcel2Go.com on the 18th August 2017.I supplied the following:1. Original Apple Invoice
2. Proof of addressee bank transfer for £1500
3. Photographs of Package and Contents
4 Photographs of the package after delivery.Parcel2go.com rejected the claim within 24 hours stating the package was delivered, after my appeal, they re-opened the case. Despite daily follow-ups from myself they finally responded on the 14th of September saying that the courier does not believe me. I sent them a letter before action giving them 7 days to honour my claim or I will raise court action.I am in receipt of Universal Credit and I looking for advice;1. Parcel2go.com are based in England, can I raise the case in Scotland?
2. Can I get the best advice on how to word my claim, what would this cost?
3. Can I get financial support with the Simple procedure fee?RegardsWill Smart
Submitted: 1 month ago.
Category: Scots Law
Customer: replied 1 month ago.
https://www.parcel2go.com/content/about-terms.aspx
Expert:  JGM replied 1 month ago.
Thank you for your question. I am a solicitor in Scotland. As you are a consumer based in Scotland you can raise the action in your local sheriff court even if their terms and conditions say that the law of England applies. As regards ***** ***** of your claim, simple procedure is quite informal and your above narrative would suffice as a statement of claim. Finally, all the forms, including the fee exemption form are at www.scotcourts.gov.uk and you can print out the fee exemption for for completion as universal credit will entitle you to an exemption. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 month ago.
That's good to know and offer clarification, I used you last year on a property matter and you really helped me. Top advice.
one last question, what is your experience with such matters, do the courts look kindly on these care of duty matters?
Expert:  JGM replied 1 month ago.

The court will make a decision based on the evidence. You will need to prove on a balance of probabilities that the defender breached the contract by failing to deliver the parcel safely to the recipient.

JGM and other Scots Law Specialists are ready to help you