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TT2020

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  1. Thank you for all your help. I wrote again and offered to settle out of court if they increased the 'gesture of good will' offer -- which they did - and after court filing cost am only now down a relatively small amount, which I am putting down as 'a life lesson'. However I am looking into the issue of deceptive practices and submitting to trading standards as well as writing a blog about it. There is some really dodgy stuff going on, separate to this parcel issue.
  2. Thanks, yes, have taken on board everything said and included- was just wondering if there was a standard protocol for B2B action. Regarding the deceptive practices this was an interesting response from someone when I had asked to speak to someone more senior. He has investigated and sees that it is 'powered by' Parcel2go. And that parcel2go requested - and yet DPD Local is the trading name of Parcel2go.com Ltd. He speaks as if separate entities. Perhaps the fact that Parcel2Go.com Ltd trading as DPD Local Online seems to be trading as separate entities is part of the reason i did not get the information required to contact the local courier and find out where the parcel was? I booked the parcel with them - and proving the service with reasonable care and skill should include providing the customer with tracking from start to finish. How can the company we booked with, and who chooses who to use to deliver, say they have no direct contact with the courier company they use (thats false - when we book through parcel2go.com they always give us UK to Australia tracking number AND AU to AU tracking) Since Sept when the non delivery raised by our customer they havent given us the AU to AU tracking. That has nothing to do with non signatures on delivery. Is any of this relevant for the claim? Ref: ..... Good Morning, A copy of your correspondence has been forwarded to myself for further investigation. At the outset please allow me to apologise for the failure to successfully deliver this package as was scheduled. We certainly appreciate the significant inconvenience caused by this failure in service, and we continue to apologise for the undoubted difficulties that have resulted from these unforeseen events. I can confirm the www.dpdlocal-online.co.uk website is hosted by Parcel2Go.com Limited and having investigated this matter, the service is powered by Parcel2Go.com and unfortunately we do not liaise with the final courier directly. I understand you have requested information regarding the final courier, which at the same time Parcel2Go.com requested to DPD, but I am afraid the courier confirmed the delivery, however informed there was no proof of delivery due to Covid restrictions. As the courier confirmed the delivery, but the recipient disputing this, we have created the claim back in November. I can confirm the offer was correct as the protection of the parcel is only for £50.00, however this was increased to a £100.00 as a goodwill gesture, the offer still stands without prejudice should you wish to accept. I must advise we are not members of any dispute resolution service. May I conclude by offering my unreserved apologies once again both personally and on behalf of Parcel2Go.com for the undoubted inconvenience caused. Should you have any further questions please do not hesitate to contact me. Kindest Regards S H****
  3. What is the pre-action protocol if its a small limited company taking action against Parcel2Go.com Ltd? What is the procedure?
  4. Sorry if Im not understanding - was this link to a link for suggested letter from Business to Business? I had used this link as suggested above but it doesnt seem to apply when a business is seeking action against another business? https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf Not sure how much details to put in - even though I totally understand it should be kept short. Will try, and add here.
  5. Am I looking in the wrong place? https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf 1 INTRODUCTION 1.1 This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The business will be referred to as the “creditor” and the individual will be referred to as the “debtor”. This Protocol does not apply to business-to business debts unless the debtor is a sole trader. TTL is the business – the creditor / Parcels2Go Ltd is the individual – the debtor. Parcels2Go Ltd is NOT a sole trader, so how can this Protocol apply ?
  6. 19 Aug 2020 14:41:24 BST Transaction ID: 2 You sent a payment of £116.89 GBP to DPD Local Online ([email protected]) The amount due will be collected by Direct Debit within 3 working days after It may take a few moments for this transaction to appear in your account. Merchant DPD Local Online [email protected] Instructions to merchant You haven't entered any instructions. Delivery address – confirmed xxxxx United Kingdom Dispatch details The seller hasn’t provided any dispatch details yet. Description Unit price Qty Amount Delivery Services £116.89 GBP 1 £116.89 GBP Paypal Surcharge £0.00 GBP 1 £0.00 GBP Subtotal £116.89 GBP Total £116.89 GBP Payment £116.89 GBP Payment sent to [email protected] From amount $223.26 AUD To amount £116.89 GBP Exchange rate: 1 AUD = 0.523562 GBP Invoice ID: 3010796
  7. Yes, booking through https://www.dpdlocal-online.co.uk That is where our account is, and where the information stored regarding the case and their tracking. I only googled to contact DPDLocal-online as not possible on the site. The tracking we asked for was the Australia (local) tracking - to know which company they used (DHL) and so that DHL could assist as DPD weren't helping. You can see reference to Parcel2Go.com Ltd at bottom of page. © Parcel2Go.com Ltd 1995-2021 All Rights Reserved Company Number: 02591405 | VAT Number: 597 8491 61 The address is The Cube, Coe St, Bolton BL3 6BU BTW The reference to 'Authority to Leave' - we also asked who gave that as we didnt, and our customer didnt.
  8. It is deceptive, yes. Booking through https://www.dpdlocal-online.co.uk You can see reference to Parcel2Go.com Ltd at bottom of page. When originally trying to contact them through the account I had a hard time of it as there is no telephone number or email - just links to help articles. So I googled DPD Local and was told this: On Thu, Nov 5, 2020 at 10:24 AM DPD Claims <[email protected]> wrote: and later... On Tue, Nov 24, 2020 at 3:53 PM DPD Claims <[email protected]> wrote: So I am taking action against DPD Local Online (https://www.dpdlocal-online.co.uk/ ) the trading name of Parcel2Go.com Ltd Despite this, if you click on https://www.dpdlocal-online.co.uk/newhelpcentre/livechat and the Contact link you are taken to https://www.dpdlocal.co.uk/content/how-can-we-help/contact.jsp (DPD Local)
  9. Yes, you're right - hoping they would just do the right thing I guess. So template if not a business would be Dear [Reference: (Your products and service) I am writing to complain about the service you provided when [describe]. We agreed that the service would be performed on (date) However (description of what happened) It has now become apparent that the service you have provided is deficient in the following respects [describe]. Section 49 of The Consumer Rights Act 2015 requires you to carry out your service with reasonable skill and care. The problems described above show that you failed in your legal obligations. I therefore have a claim against you for breach of contract. As a result of the incident I have suffered consequential losses, which you are liable to compensate me for. These losses are [value/details]. Section 57 of The Consumer Rights Act 2015 prohibits any terms and conditions from restricting a consumer’s rights under the Act. Under The Consumer Rights Act 2015 remedies for breach of contract must be performed within a reasonable amount of time, without significant inconvenience to me, and whilst the company bears all necessary costs. I therefore look forward to receiving your reply within the next 14 days. So could it be Letter of Claim. **** – TTL - is claiming £541.89 from Parcel2Go.com Ltd, trading as DPD-Local-Online.co.uk - DPDLO. This is to cover the costs of TTL having to send a replacement parcel to a customer, as a result of DPDLO refusing to provide the delivery information (courier company and local tracking number) required for TTL to refute a non-delivery claim by the customer. Parcel sent August 20 2020 and delivered August 28th 11.30am (according to DPD tracking) The customer contacted TTL in September to confirm non-delivery. TTL contacted DPDLO to obtain their information on the shipment, and they raised a Case, and subsequently attempted to close the Case : We’re pleased to let you know that your parcel DPD4227962 has been located. This enquiry has been closed as your parcel has received new tracking events or has been delivered. TTL asked DPDLO by email for the details behind the above – who made the delivery, where to, who to – obviously basic information needed to check the School’s claim for non-delivery, and which would be expected to be readily available from the DPDLO records. Despite numerous repeated email requests, DPDLO consistently refused to give TTL this information, and also declined to give TTL information to enable direct contact with the local courier who actually made the delivery on behalf of DPDLO. Without this information it was obviously impossible for TTL to refute the School’s claim for non-delivery. Even when, Dec 2nd, DPDLO confirmed that DHL was the local courier, they declined to give TTL the DPDLO / DHL tracking number that would have enabled DHL to identify the delivery. As a direct result of DPDLO’s refusal to provide the perfectly reasonable information requested, confirming the delivery to the School, TTL is unable to refute the School’s claim for non-delivery, and is left with the full cost of sending a replacement parcel to the School. The detailed claim comprises AU Customs Declared Goods Value £ 425.00 and shipping £116.89 I look forward to receiving your reply within 14 days.
  10. Update. They increased the offer to 100 and today I heard (finally) from a senior manager. It was basically a repeat of what we were told before. This was what we sent. Before sending a formal letter or intent to take legal action (do we do that as a business - or is that just for consumers?) I have replied as follows: Note that the replacement books we had to send to the school cost more, as well as the shipping to replace. Dear XXXX The contract to deliver the parcel was with DPD/ Parcel2Go.com Ltd, regardless of who you choose for any section of the delivery. DHL confirmed the delivery with DPD when initial investigation opened after I contacted you in September 2020. The parcel shows as having been delivered August 28th at 11.30am. Our customers reported non delivery. DPD had the courier details and tracking number, in order to confirm the delivery when an investigation was opened by DPD in October. We’re pleased to let you know that your parcel DPD4227962 has been located. This enquiry has been closed as your parcel has received new tracking events or has been delivered. DPD closed the case, and we were not given the courier details or local tracking number. The courier details (DHL) were not given to us until Dec 2nd, and we have never been given the local tracking number. When we contacted DHL in Dec that was the first thing they asked for; the information we had been requesting since September. DPD failed to provide the information that would have enabled us to get information from DHL, even if DPD were unwilling to assist and carry out the service with reasonable care and skill. As the contract was with DPD we would always expect to be given the local tracking number when requested. When booked through Parcel2Go.com there is a Live Chat option to request this, and we have been given this information on numerous occasions. Why did DPD not give us the local (DHL) tracking? The compensation is irrelevant, as you are only entitled to exclude liability for negligence if the exclusion is reasonable in all circumstances, and in any case, you have not sent proof that the parcel was lost or damaged. Regardless DPD is legally obliged to carry out the service with reasonable care and skill. Protection is not to give DPD full and unlimited protection against negligence - this would be an unfair term under the Unfair Contract Terms Act 1977. We have had to send a new set of children's books which cost us approximately £50 more to buy, and the shipping was also more - shipping (same service) cost £157.85 The situation created significant inconvenience in addition to substantial losses. We have been asking for the declared value of £425 plus shipping £116.80 and even with this we will have suffered a financial loss. There are no 'unforeseen' circumstances I can think of; no DPD representative would give us the local tracking number (requested over 35 times between September and December) and as a result DHL couldnt help us work out what has happened. They may have delivered it to the wrong school with the same post code. Without the tracking they could not help us. You have stated in your email that the parcel was not delivered, but because you haven't given the tracking details we will never know if this is the case or not. The investigation you are referring to in November was the SECOND investigation. And at no point since shipping the parcel has anyone given us the local tracking number. This should have been a straight forward request, and with this information this situation could have been avoided. Please refund the £425 plus shipping £116.80 as requested; by accepting this we will still suffer a loss due to your negligence, but can avoid litigation. On Mon, 25 Jan 2021 at 11:52, DPD Local® <[email protected]> wrote: Ref: Good Morning, A copy of your correspondence has been forwarded to myself for further investigation. At the outset please allow me to apologise for the failure to successfully deliver this package as was scheduled. We certainly appreciate the significant inconvenience caused by this failure in service, and we continue to apologise for the undoubted difficulties that have resulted from these unforeseen events. I can confirm the www.dpdlocal-online.co.uk website is hosted by Parcel2Go.com Limited and having investigated this matter, the service is powered by Parcel2Go.com and unfortunately we do not liaise with the final courier directly. I understand you have requested information regarding the final courier, which at the same time Parcel2Go.com requested to DPD, but I am afraid the courier confirmed the delivery, however informed there was no proof of delivery due to Covid restrictions. As the courier confirmed the delivery, but the recipient disputing this, we have created the claim back in November. I can confirm the offer was correct as the protection of the parcel is only for £50.00, however this was increased to a £100.00 as a goodwill gesture, the offer still stands without prejudice should you wish to accept. I must advise we are not members of any dispute resolution service. May I conclude by offering my unreserved apologies once again both personally and on behalf of Parcel2Go.com for the undoubted inconvenience caused. Should you have any further questions please do not hesitate to contact me. Kindest Regards *****
  11. OK, incase interested, and so this is public, I wrote to DPD Group to ask for clarity. They sent this: We confirm we are not Parcel2Go.com Limited. Parcel2Go.com Limited (Company No. 02591405) uses the trading name DPD Local Online which is not connected to our companies. You will find a link to the Terms & Conditions on their website here which states they are Parcel2Go.com Limited and they are the contracting party at Condition 1. b): https://www.dpdlocal-online.co.uk/content/about-terms. County Court Claims must therefore be issued against Parcel2Go.com Limited as opposed to ourselves. If a claim is issued, our Litigation Team will apply to the CCMCC to have the claim struck-out. As you can appreciate, this would waste your time and result in the loss of court fees. You may want to contact them before issuing a claim. You will find their online help service here: https://www.dpdlocal-online.co.uk/; at the 'How can we help?' section. To clarify: we are DPDgroup UK Ltd (Company No. 00732993) and DPD Local UK Ltd (Company No. 01421773). Clear as mud then! Here are the 3 logos of the 3 companies. They all have the same icon and font. DPD Local Online (who are actually Parcel2Go.com Ltd) https://www.dpdlocal-online.co.uk/ DPD Group (red) https://www.dpd.co.uk DPD Local UK Ltd https://www.dpdlocal.co.uk And these two companies- that are totally separate - have a service called DPD Local Online https://www.dpdlocal.co.uk/content/products_services/dpdlocal_online.jsp So yes, I have been told who to sue. But how on earth can they get away with this? Parcel2go is a price comparison site - and they include DPD. Who would I complain to...separate to my missing parcel, that they said was delivered August 28th at 11.30am but wont tell me if it actually was - and the recipient are lying - or it wasnt - and the courier is a thief. Who is the 'watch dog' or place to complain to about deceptive practices?
  12. https://www.dpdlocal-online.co.uk/content/about-terms https://www.dpdlocal.co.uk/terms-and-conditions.jsp You can see why it would be difficult to know who I am taking to Small Claims court. DPDLOCAL: A SERVICE PROVIDED BY PARCEL2GO.COM 1. PROVISION OF SERVICES a) The www.dpdlocal-online.co.uk website is hosted by Parcel2Go.com Limited (this Website Service). b) This Website Service is provided to you by Parcel2Go.com Limited and your Contract for the Transportation of your goods and other services is formed with Parcel2Go.com Limited. c) The Services are provided by Parcel2Go.com Limited, a company registered in England and Wales under company registration number 02591405 whose registered office is at The Cube Coe Street Bolton Lancashire BL3 6BU, and (where appropriate) subcontractors or couriers acting on its behalf (P2GO/we/us). d) DPDLOCAL UK Limited is a company registered in England and Wales under company registration number 1421773, whose registered office is at Roebuck Lane, Smethwick, West Midlands B66 1BN (DPDLOCAL). e) We and/or DPDLOCAL may send you marketing information about DPDLOCAL with your order. And on the bottom of the other link - an official DPD site that does not mention Parcel2go ANYWHERE, it shows DPD - and DPD local is mentioned. Thank for your advice, its been really useful. I think this is an issue many might find useful, and the second (separate) issue of deception should be something I hope someone will look into. In the meantime I shall wait to find out who, exactly, Im filing a case against!!
  13. I wrote to DPD UK (dpd.co.uk) when I first heard the school hadnt received the goods, asking about this and they redirected me to DPD Local (who is seems are Parcel2Go.com Ltd) They did not tell me they are not legally linked. Same logo. So yes definitely an issue worth looking at In their correspondence I have found 'DPD Local DPD4227962 Parcel2Go.com Case ID 1077382' We have a VIP account with Parcel2go.com Ltd. Hence explaining to DPD Local that our experience with Parcel2go is very different - they give us the local tracking to chase if asked. No mention that the two are the same company. So I wrote earlier to the person I email as a VIP customer (we are vip customers as we have spent tens of thousands of pounds with parce2go) to ask them to clarify who the contract was with - DPD Local or Parcel2Go.com Ltd - and if both are in fact the same, then who do I put as the defendant regarding a Small Claims case.
  14. So I now know the claim is with parcel2go. At no point have I been told that. So when going to small claims I am making a claim against Parcel2Go. As a comsumer action group site I would think those taking action against DPD Local would be interested. I can count 11 times in correspondence with DPD (local) when I ask DPD why they don't do what parcel2go do when I ask for the local courier and tracking, to chase a parcel - and to find out who has said they scanned the parcel as being delivered August 28th at 11.30am. I always get that info from the parce2go web site. On no occasion did anyone at DPDLocal say 'we ARE parcel2go. And I asked them why they dont do what Parcel2go does more than 10 times (give us the local tracking so we can chase it with the local AU courier) As they are the SAME company you'd think they would disclose that when I directly mentioned it. I think this matters to consumers? Its a red flag, to me at least. that they're being misled. Parcel2go is probably the number 1 parcel delivery comparison web site in the UK. And I doubt UK consumers know that DPD Local ARE Parcel2go. So I guess Ill be filing in small claims against Parcel2go.com Ltd. Even though not once has that company name been mentioned during my correspondence. Im also wondering why DPD local dont have any information on their web site about filing a complaint about them - whether there is an ADR, how to get a letter of deadlock to then go to small claims, having explored all avenues. I wonder if they are part of POSTRS? https://www.which.co.uk/consumer-rights/advice/what-are-my-rights-if-a-parcel-i-sent-is-late-or-missing#how-to-complain-about-other-courier-services If your complaint still can’t be resolved, you can ask the independent postal redress scheme (POSTRS) to investigate your case. But, only regulated postal operators are covered by this scheme.
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