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Hello my name is ***** ***** I will help you with this.
For now please let me know why you did not take out insurance? Was it just the cost?
Yes and also I thought that as the engine cover was so strong it would be impossible to damage especially as it was well packaged.
How much was the courier and how much was the insurance?
I cannot remember what the insurance was, the courier cost was around £6. As a 'goodwill' gesture they have returned this fee.
Its bad news I am afraid.
Whilst they have a duty of care their terms and conditions generally exclude loss or damage beyond a given figure, usually the cost of sending or £20
However they do have the option of insurance. This is a matter for you whether or not you accept it
If you decline it then sadly you have no claim
You could issue a small claim and see whether they pay up
But generally on the basis that they have insurance and you declined it, unless you can show it was damaged on purpose then sadly any claim would fail
There is a choice for insurance, like holiday insurance
If you dont have holiday insurance and a flight is delayed you can't claim compensation, because you turned it down
I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
What about the Supply of Goods and Services Act 1982 (AS amended) which is what the citizens advice people said I would be able to claim under?
Section 13 - as I said there may be a claim but their terms limit to the extent that they are liable for a loss
That is why they have insurance
Its the same with Royal Mail. They pay up to about £20 or £30 I think but you can take out extra insurance
What you can't do is decline something that gives you extra protection and then claim breach after
Otherwise everyone would do it and not bother with insurance
You have a duty as a customer to mitigate any loss
I am sorry
But as I said you can issue a small claim and see how far you get
But if it goes to trial my view is that any claim would fail for the reasons given above
I have issued a small claim through the courts and it is due to go ahead this friday. Do you think it is worth me persuing this now. The lawyers have already said they are going to charge me £460
Do you have any advice as to what best to do now?
Well they can't do that
If you lose on a small claim then costs are not recoverable generally unless they can show you have acted unreasonably.
Given its this close you might as well go ahead with it
But I think you will lose
I guess they have given the same reasons as me?
I have today received a letter tfrom them stating statement of costs in anticipation of the trial and a bill of $460
If I lose will I have to pay thier £460 and the court case costs. I am now really worried as I assumed from the information the citizens advice had given mthat i would have a good cause.
Sorry that should have been £460 not $
Well they can only get costs if they convince the Judge you have acted unreasonable.
Its quite a high threshold
Its a small claim and Judges are reluctant to make findings against litigants in person in a small claim
So if I lose what am I likely to lose? I know I have already paid outr nearly £100 in costs so far not including this chat? If I lose what will happen. I have never been in this situation before
You are likely to lose Court fees and the fee for this chat
But that is it
I am worried that I am now going to be liable for the other parties legal costs IE the £460
Don't worry as I said its only if the Judge thinks you have acted unreasonable.
They usually make these threats, it is lawyers tricks for you
what is the definition of unreasonable? I have never been to court
No definition - its up to a Judge.
But normally where you have served evidence late
Not complied with Court orders etc
Rather than just a hopeless claim
OK. In regards ***** ***** letter that I received today regarding these costs of £460 they have asked for acknowledgement of service. Does that mean I have to reply and if I do what does it mean? the last line states "Please acknowledge service" Does this mean I have to reply?
You don't need to reply
You have no obligation to do so
Can I clarify anything else?
OK, I am now desperately worried that I have done the wrong thing! I based it on the information given to me by the citizens advice regarding the Supply of Goods act and I just assumed that as it was thier fault my parcel was smashed that they would be liable.
Well there is a difference between a claim with little prospect of winning against being unreasonable
I think you will be fine
You will probably lose, but wont need to pay their fees
If I go to court and loose will I be liable for any additional costs other then those I have already paid to the court upfront?
Does that help?
Yes. Wish I had been an solicitor instead of an aircraft engineer!
Can I clarify anything else for you?
Mind you I would like to learn to fly
No thanks just wish it had been better news and that the citizens advice hadnt given me false hope.
I am sorry its not better news
Can I help with anything else today at all?
my fault now I realise that. First time I have done anything like this and I made a mess of it. Thanks for your advice.
If this does answer your question might I invite you to rate my answer, the button should be at the bottom of the screen
No thank you for your help
If you need more help please click reply
No I think that is OK except I have had my hopes dashed, but thats life I guess.
But better to know what you face than go to Court thinking it was a sure thing
At least you haven't given me false hope but you did put my mind at rest over the costs their solicitors are threatening me with
Great, have a good weekend and please remember to rate before you go
I did think it was a sure think until now!
and you. Thank you for your help and advice.
Have a good weekend