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    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
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DPD Lost my parcel


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I ordered a car part from a company called Autodoc.co.uk

 

The part was posted on the 19th of September and was due to be delivered on the 24th of September. As I was going to be out at work I arranged to have the parcel delivered to a local parcel shop so I could collect it later. I used the DPD app on my phone to do this.

 

On the morning of 24th of September I received a notification on my phone from the DPD app that stated I had changed my delivery date to the 30th of September. I used the live chat on the app to ask why this had changed and I was told that a shift manager at the local depot had changed it and that I would get a call back within the hour. I never received a call back. When I got home I telephoned DPD using the app on my phone and was told again I would receive a call back. Again this never happened.

 

I called them back again and explained that I needed the parcel urgently as it was a part for my car. The rep on the phone said he would make sure that my parcel would be delivered the following day to the parcel shop as requested.

 

The next morning I received a notification from the DPD app stating that they could not deliver to the parcel shop as the parcel was oversized. I used the app to rearrange delivery to a friends address for the following day. When I got home DPD had left a card stating they had tried to deliver to my house. This was left 10 minutes before I arrived home.

 

On the morning of Wednesday the 26th of September I contacted DPD on the live chat on the app to ask if they would be able to give me a delivery time. They were unable to do this.

 

My friend waited all day and no parcel arrived. I contacted DPD using the live chat and they then said that it may have been lost.

 

The next morning I telephoned DPD using the app and they admitted that they lost the parcel. I asked them to send me an email confirming this which they did.

 

I have also been in contact with the sender Autodoc who turn out to be based in Germany. They refused to believe that the parcel was lost, even though I forwarded the email from DPD, they told me I had to got to the local depot to collect it.

 

I contacted the bank as Autodoc refused to refund me, Visa have refunded me but told me that Autodoc can refute my claim.

 

Autodoc are being extremely difficult and are telling me to contact DPD, on the other hand DPD are referring me back to Autodoc.

 

In the meantime I have had to order the part from another company who delivered it the following day. My car was off the road longer due to Autodoc and DPD. I would like compensation for the delay.

 

Can anyone give me any help on what I can do?

:cool::cool: Blondmusic :cool::cool:
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Not a lot you can do I'm afraid. Your contract was with Autodoc, and it is for them to make a claim against DPD. You have already done the right thing in getting Visa to do a refund, but I doubt very much that you'd get anything more in the way of compensation.

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Not a lot you can do I'm afraid. Your contract was with Autodoc, and it is for them to make a claim against DPD. You have already done the right thing in getting Visa to do a refund, but I doubt very much that you'd get anything more in the way of compensation.

 

this may not be correct. You may be able to use the Contracts (Rights of Third Parties) Act which confers upon you all the rights that the original contracting party has.

 

This would allow you to sue DPD as a third party. However, it is possible to contract out of the Act and so you need to see the DPD terms and conditions see whether or not they have excluded third-party rights.

 

If that is case and the only other thing you can do would be to sue the supplier and you could do this by using the European small claims process which basically means that you issue the proceedings here. The judgement and then have it transferred to Germany for enforcement. I have no first hand or even second hand experience of this and if you tried it then we will be very interested if you will keep us informed as to how it works. However, try the third parties act first. Let us know.

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