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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Ipostparcels (ukmail)


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Hi

 

Having a complete nightmare with this company

I sold a TV on eBay about 3 weeks ago paid 16 pound delivery fee for next day delivery

 

Packaged the parcel up on the Sunday ready for the collection Monday

they failed to collect the parcel

kept getting texts delivery driver will collect between the times stated

no sign of him

 

He decided to strut up my drive way on the Thursday to collect it

told him your only 4 days late

didn't seem to give a toss.

 

off he went and threw the parcel in his van and drove off

 

next day get a message on eBay buyer has started a return request

turns out the TV arrived smashed and the box was crushed,

 

VI paid another 16 pound to have it returned and I'm now 200 pound out of pocket plus 32 pound for the postage charges and they had the cheek to refund me £1.64 for the 4 day late collectionV

 

I have sent all my pictures and evidence to their claim department and filled out their form for damages over 10 days ago and not a single email off them. Emailed them last week for an update not a single reply

 

Anything else I can do because I'm losing my patience

 

Anyone else had any dealing with these people

Edited by dx100uk
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Not heard of these people before – but frankly you should simply send them a lba giving them 14 days and then you will sue. Don't bluff. If you're not prepared to follow through with your threat at the moment that the deadline expires then don't bother.

 

It is extremely easy to bring a small claim, cheap, you will get your costs back so long as you win and if you lose your and have to pay the other side's costs. On the basis of what you say, the chances of you winning are better than 95%. Your claim would comprise all the delivery fees, the value of the TV, any eBay fees, PayPal fees – et cetera so that you are absolutely not out of pocket.

 

Lots of information on this forum about bringing a small claim. Send the letter first class recorded delivery tomorrow morning. Spend the rest of the time getting to know how to use money claim online and drafting your claim form.

 

Claim form would probably be:

 

the claimant contracted with the defendant delivery company to deliver a television set to an eBay customer – reference number XXXX (courier reference number)

 

The parcel was delivered to the purchaser in a badly damaged state and is unusable. The claimant was obliged to refund the purchaser. The damage was caused by the defendant company or their agent.

 

The claimant claims £XXX – do all the calculations and list it.

 

Plus interest 8% plus costs

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  • 3 weeks later...

today i received a letter from ipost parcels/DHL

 

copy of the letter

 

https://imgur.com/a/7Dizxvi

 

They are refusing to settle the damage claim and they seem to think a picture i sent them as part of the claim shows insufficient packaging

 

im sorry but by looking at a slight tear in the box how do you decide if a parcel has not enough packaging in it

 

they are using any excuse to not pay out for the damage they have caused and claim they cant accept liability for items damaged in transit, the way the item was returned back to me is more than a dropped item

 

the screen is cracked and the side of the tv is dented like it has been trapped in a door, thrown around a warehouse or stood on the box was crushed and an absolute state when it arrived back to me and wasnt not sent in this way.

 

What are my next steps now any help appreciated

 

Many Thanks

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Hi

I have just read on their site about breakable items and they state that televisions over 37" would not be covered. I can't see why that should be an issue. TVs under 37" are just as able to be broken by poor handling.

 

 

Did the recipient send pictures of the delivered item?

 

 

 

Did you give them 14 days to rectify (Letter Before Action). If so then it really means that your next step is the route mentioned by Bankfodder.

 

 

You will need to find out the actual name of the company (DHL trading as Ipostparcels or similar)

 

 

It may be at the bottom of any letters received but looking on the Companies House website shows masses of them.

http://tinyurl.com/ybtqcr7b

 

This is the closest I could find

 

 

http://tinyurl.com/y73v6kea

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