Taking large parcel delivery company to small claims. One bit of advice please

TELLIT01

Many companies will offer a 'goodwill gesture', and pay the full amount but will not admit liability.  To do so would open them up to a flood of claims from people in a similar situation.  My suggestion would be to go back to them and say you want your additional costs - court costs etc as well.  If they cover all your costs, take it and get it over with.  Taking it forward on a point of principle is fine if you can afford to lose in court.

petere123

emmajones1976 said:

If it gets to court and they find out you have refused an offer of full and final settlement, it isn't going to look good as it is a waste of everyones time.

If they are paying out in full, 100% of the money (inc. the court filing fee), take it. Now. Continuing to pursue it merely as a moral crusade is your problem and nobody elses, and in any case they may not even admit anything anyway.

Thanks. No moral crusade, but admission seems important (as lay person with no previous experience), as a "goodwill" offer, with no timeframe stated seems tenuous. Theres an online court messaging system for communication, and to terminate the process, but they diverted to email. My concern was that. Thanks for all the contributions and advice here. Much appreciated

emmajones1976

The small claims court isnt about admitting liability. Its about getting your money back (or not).

user1977

petere123 said:

emmajones1976 said:

If it gets to court and they find out you have refused an offer of full and final settlement, it isn't going to look good as it is a waste of everyones time.

If they are paying out in full, 100% of the money (inc. the court filing fee), take it. Now. Continuing to pursue it merely as a moral crusade is your problem and nobody elses, and in any case they may not even admit anything anyway.

No moral crusade, but admission seems important (as lay person with no previous experience), as a "goodwill" offer, with no timeframe stated seems tenuous.

Well, the timeframe for the payment is "before it gets to court" - if they can't manage to pay by then, you proceed as intended.

Thrugelmir

petere123 said:

emmajones1976 said:

If it gets to court and they find out you have refused an offer of full and final settlement, it isn't going to look good as it is a waste of everyones time.

If they are paying out in full, 100% of the money (inc. the court filing fee), take it. Now. Continuing to pursue it merely as a moral crusade is your problem and nobody elses, and in any case they may not even admit anything anyway.

Thanks. No moral crusade, but admission seems important (as lay person with no previous experience), as a "goodwill" offer, with no timeframe stated seems tenuous. Theres an online court messaging system for communication, and to terminate the process, but they diverted to email. My concern was that. Thanks for all the contributions and advice here. Much appreciated

If they don't pay up. You take the matter to court. It's as basic as that. No need to second guess their motives or intentions. 

Sandtree

petere123 said:

emmajones1976 said:

If it gets to court and they find out you have refused an offer of full and final settlement, it isn't going to look good as it is a waste of everyones time.

If they are paying out in full, 100% of the money (inc. the court filing fee), take it. Now. Continuing to pursue it merely as a moral crusade is your problem and nobody elses, and in any case they may not even admit anything anyway.

Thanks. No moral crusade, but admission seems important (as lay person with no previous experience), as a "goodwill" offer, with no timeframe stated seems tenuous. Theres an online court messaging system for communication, and to terminate the process, but they diverted to email. My concern was that. Thanks for all the contributions and advice here. Much appreciated

Its unimportant unless you have further heads of claim you wish to add later.

You agree to it and just say you will discontinue the process once you've cleared funds in your account.

petere123

Thrugelmir said:

If they don't pay up. You take the matter to court. It's as basic as that. No need to second guess their motives or intentions. 

Excellent advice re not overthinking it Thanks very much 

petere123

To all who replied; Thanks very much for comments, advice and for taking the trouble to do so. 
Amazing help. Cheers

Jumblebumble

petere123 said:

Hi. Issued small claims court proceedings re non-delivery.
Months of no comms from courier until they received court docs.
They responded by email to offer full amount as "gesture of goodwill" and deny responsibility. 
Sick of being lied to. Probably why they did so by email. 

Reply, or tell them to only communciate via court online process ?. ie where they cant lie. 
I want an admission of liabilty then my money, not just my money. 
Thanks for any help

Perhaps they are afraid that you will then start on the subject of consequential loss.
What good does any admission of liability do you in any event?