Many thanks for the above replies. I fully intend to see the case through and claim what is rightfully mine. I just want to ensure I actually have a case first

Hi would really appreciate some advice before taking action against DHL. On Friday I expected delivery to a DHL service point (access self storage Birmingham) for 2 parcels from China, total value of £850. The sender in China has only covered them for $100 and it is impossible to gain compensation from them. The tracking shows the parcels delivered to the access point, however when I went to collect them, the reception staff were not aware of any parcel delivery and the signature does not match the name of any of the staff. After speaking to DHL depot staff it became clear that the agency driver they used had indeed dropped off the parcel but given it to someone who said "they work there". It would seem this person was posing as a member of staff in order to steal the parcel. is there anyway I can claim against DHL for the value of the parcel? Any advice would be greatly appreciated Many thanks

ouch! I will post any further update, your help is appreciated

Yes they have already mentioned mental distress. They have sent pics of the exploded charger and trading standards have ended their investigation. Trading standards only got involved to give guidelines on the safety requirements and gave me some good advice. It is almost a year now since the incident and after writing to me a few times the solicitors say they are now about to file a case.

Thank you and everybody else for the useful information. So what would be the likely outcome of a court case, ie payout or settlement. They claim they suffered dizziness from the shock, had to call an ambulance and had to Stay off work 3 weeks. Although there is no actual physical injury. The firm representing say they will seek to recover costs for medical tests and testing of the charger. What sort of figures are we looking at and would it be wise to settle before going to court? Is there any defence I could have in this case?

I am a VAT registered sole trader

No i have no liability insurance. I was only operating as a small sideline working from home but in hindsight I know now it still would have been worthwhiLe!

Unfortunately I do not have business insurance and neither were any tests taken out on the chargers other than checking each one worked. I also sell a number of used items online, does this also mean that for every electrical item that fails the seller is liable?

I don't know. They were part of a job lot of many other items. My main concern is how I go about defending this claim and where I stand rather than questioning the responsibility of the sellers of the chargers. As we all know a charger can explode whether it is genuine or not.My concern is am I liable here and can it be proven in a court?

Unfortunately I do not have recipiepts for.the charger. The phones I sell usually come with eu chargers but I came accross a large quantity of blackberry chargers with a job lot purchased at a police auction. This stock comes from high street retailers and both the packaging and product gave no reason for me to believe they were not legitimate and safe.

thank you

Correction, this was sold on amazon. Amazon refunded the buyer with no money deducted from myself and the buyer accepted and kept the item. I did receive a visit from trading standards who I advised the charger was genuine, not an importa, and not counterfeit as claimed. Trading standards currently have the charger.

Hi Last year I sold a mobile phone on ebay which was imported from China, I sell these as part of my business. The charger of the phone however is a ce approved charger purchased in the UK The buyer claims the charger exploded causing personal injury. They have instructed a solicitor who are currently in the process of gathering evidence and are going to proceed with a county court claim. I am surprised by this allegation because I have supplied a safety approved item and the fact also remains the charger used could be any charger. I have not yet instructed a solicitor, any advice would be welcome Many thanks

I certainly do! Is the judge likely to accept the set aside?

Thanks for the advice so far. The reason I did not attend was because the law states that all evidence should be submitted to the defendant at least 14 days before the case. As no case was presented to me and no evidence received I did not think I had to attend. Obviously I now regret not attending. I do have good evidence and the landlord has no case so I cant see why the judge awarded and can only addume it was a default judgement. The fact that the judge has already issued a order for the landlord to pay me £375 x 2 before the counter claim (which the order has still not been paid to me) makes the decision even more rediculous.

I wrote a while ago on here how I took my landlord to court for non return of my deposit. The judge awarded in my favour and issued an order for the Landlord to pay my £375 deposit plus 1x deposit. Since then the Landlord has made a counterclaim and has fabricated evidence saying that I caused £1100 worth damage to a radiator and a matress. During the first hearing of the counter claim the Landlord failed to present any evidence so the Judge set another date for the hearing. As I did not recieve any evidence prior to the hearing I did not attend the court hearing. During the hearing when I was not present, the Judge awarded in favour of the Landlord. The Judge served an order for me to pay the Landord £1100 despite the fact the order has already been served for the Landlord to pay me £375 + £375. Of this amount £375 still remains outstanding. Was correct not to attend the hearing as no evidence had been sent to me therefore I had no case to defend? Has the Judge made a mistake in issuing the order without me having the opportunity to defend myself? The hearing was 2 months ago and today I have recieved an attachment of earnings form from my landlord as they seek to recover the money owed to them via my employer. Where should I go from here?

This is an interesting point you make but the tenancy ended in October. The Landlord DID return the deposit BUT only after the LBA. However the LBA requested the deposit plus 3 x deposit, the judge said this was a clear cut case and said to the landlord that they were VERY LUCKY because a week before he would have certainly had to award 3 x deposit. This casts major doubts over the advice that has been posted on here surely? Also to add, the judge said after the hearing on the 12/4/12 that I should now cash the cheque (deposit) that was returned to me in DECEMBER. The judge then said the 1 x deposit must be paid within 14 days. I cashed the cheque on the day and have just cheques with my bank, the CHEQUE HAS BOUNCED! Looks lkike the landlord is ignoring the court order or maybe the cheque given to me in DECEMBER was a bouncy cheque from day one??? What should be the best route now? Also the landlord still plans to make a counterclaim, the judge already said a counterclaim looked weak, what chace would they have now after further embarrassing themselves? Advice much appreciated

so bad that they made you suffer like that. In my experience this seems to be the case with all landlords, the law is not strict enough for them,and now they seem to be making it even easier for them, so annoying!

Elstree the judge was pretty clear in his summing up that you CAN take the landlord to court after the tennancy has ended so this is good news for us tenants! I hope you have success with your current situation and I am more than happy to offer advice (although im no expert) at least I have some recent relevent experience of success! Good Luck and thanks

yes it was very pleasing to get justice, only problem now is they are putting together a counter claim for damage to the property which I am not responsible for!

Hi all Well had my court hearing on Wednesday 12/4/12 and despite the advice on here not to pursue for the 3 x deposit, the judge actually ruled in my favour! The judge did not enforce 3 x deposit but just the return of deposit plus 1 x deposit but still this is great success. The Landlord tried to play dumb and even denied ever recieving a deposit! This was despite them returning the deposit to me (which i refused) after I threatened court action just before Christmas. The Landlord tried to make a counter claim for damage during the hearing but the judge dismissed it because no documents at been submitted to him before the hearing so the evidence they brought alon could not be considered. However, the judge has given the landlord 14 days to put together a proper counter claim and submit documents to him, so I ask the following questions: 1) do they have valid grounds for a counter claim bearing in mind the deposit was proven to have never been protected and a fine issued 2) There was no check in or check out inventory and I caused no damage, would I have any problem defending this? 3) The law changed on 6/4/12 and the jusge could not awad 3 x deposit automaticly, does the old law not apply in this case because the case was brought requested long before the change in law? Many thanks and I hope my victory gives other tennants hope, the judge said the only reason he didnt award 3 x deposit is because it was the landlords 1st offence!

oh dear, my case is due to be heard tomorrow, does this mean it will be cancelled? Also the othe rparty is making the counter claim, surely iy is they who pay the fee? or do both parties pay?

made a claim using mcol , paid court fee. few months later case is now to be heard in court 12/4/12 on small claims track. Just noticed on my letterwith the notice of allocation to small track hearing it says a hearing fee of £110 should have been paid by 6/4/12 or the hearing will be removed from the list?? Does this mean I have to pay a second fee? I thought when I started the case the fee I paid was for the court hearing? A little confused here, please help! Thanks

its not the fast track or anything, just normal court at the local county court

Are the courts still likely to order the return of the deposit or would they consider the counter claim even though the landlord failed to protect my deposit and have also DENIED that it was their responsibility to protect it? Thanks again