courier for 55 inch LCD tv

Lomast

Dave82517 wrote: »

Dx have asked for the judgement to be set aside and eventually be thrown out due to them claiming they have no contractual obligation to me.

This is going to be your problem, you should of taken parcelmonkey to court not DX, the contract is between you and Parcelmonkey

Dave82517

Parcelmonkey accept no liability due to having a list of items that are prohibited which covers pretty much anything you could want to send. You have to agree to it before they accept a booking. CAB told me to hold Dx liable as the only party that handled any goods and breached a duty of care where reasonable skill and care was not taken.

martindow

I'm afraid that you may be throwing good money after bad starting a claim. TVs were specifically excluded from insurance and in any case the carrier can say that the fact it broke demonstrates that it was not packed adequately.

pinkshoes

CAB are wrong, your contract is with parcel monkey. You can only take DX to court if you booked through them directly, which you didn't.

If parcel monkey state they do not cover TVs, then there is not a lot you can do.

RFW

I'm a bit confused.
If Dx have applied for judgment to be set aside that would imply that there has been a hearing that was won by the claimant.

Trying to do anything else beyond that, at this stage, is folly.

Attend the hearing, put your case and see what happens. Maybe try and get some legal advice beforehand. If the case fails then, in my opinion, you'd be best not wasting any more money on it.

Try shaming Parcelmonkey on Facebook and Twitter rather than throwing money at it.

Brooker_Dave

Dave82517 wrote: »

So im currently at the point where theres a hearing for the case where Dx have asked for the judgement to be set aside

So you won?

In which case you can use a High Court Enforcement Officer to get the money since its over £600

Dave82517

So you won?

In which case you can use a High Court Enforcement Officer to get the money since its over £600

Originally that's what i thought, but now im not sure. There's a hearing for judgement to be set aside, so im guessing that if that falls through then i win the amount, and then just have to try and have it enforced. This whole legal thing is messy and complicated.

Brooker_Dave

But did you actually go to court?

It may decided due to DX not submitting a defence?

RFW

Brooker_Dave wrote: »

So you won?

In which case you can use a High Court Enforcement Officer to get the money since its over £600

If they're applying to have it set aside you can't do anything until the hearing.
It depends on their reasons for having it set aside as to what happens next. If their application is granted then there would be another hearing. If I remember correctly the claimant has to then pay for the hearing as the defendant sets out their defence.
If the claimant wins then they are due all their money back, that would depend on the order for payment that the judge sets out. That would depend on the defendant's ability to pay. It could be that they are ordered to pay the full amount within x days or that they are ordered to pay monthly.
If they then fail to pay in accordance with the judge's rulings then you can send bailiffs in. Claimant would have to pay them upfront which they would try to recover. Bailiffs are quite limited as to what they can take, so it could conceivably be quite tricky getting money out of a courier company