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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My debt... more from the dreaded HFO Services *** Discontinued ***


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  • 3 weeks later...

It's certainly worth an update for those who've persevered with the thread!

 

Witness Statement was written with the kind assistance of various helpful folks and the hearing went well. While the judge did not grant my order to strike out, he did set in place a number of conditions for the trial, all of which were as a result of the conduct of HFO, i.e. he was not happy with some of the copies of documents HFO were submitting, so he said that original documents must be brought and submitted to the trial; and provided a few other 'wrist slaps'. He also denied HFO's claim for me to pay their costs, as he felt the hearing could have been avoided if HFO had provided documents as I'd requested.

 

I felt the judge was very fair and patient with me asking questions, and he also granted me some extra time to file a defence, as I made it known I wanted to hire a solicitor to assist me.

 

So, I got myself a solicitor who has experience in dealing with HFO, and as soon as they informed HFO/TRS that they would be representing me, they promptly discontinued the case!

 

Typical HFO behaviour it seems, agressively pursuing a case against an individual in the hopes of bullying an early victory out of them, and then dropping the case once it looks like they are able to adequately defend themselves. Completely disgusting behaviour, and I sincerely hope HFO are put out of action as soon as OFT have enough evidence to do the job.

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Thanks Shadow, and yes please, add the tag.

 

It is a huge relief that they have dropped the case (which they never should have litigated on in the first place), but I'll only class it as a true 'victory' when HFO are no longer operating, as I'm aware they continue to spread their brand of stress and misery, and many people are still battling them. Having dealt with them over the past 3 years, I have to say a huge thank you to the help and support of all the CAG members who've stuck with the thread, and the HFO Fan Club in particular.

 

I'll be sticking around on the forums in the hope I can help others also.

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Well done mate and well done to all involved.Strange though why they discontinued, when Mr Shart said you had no real prospect of successfully defending the claim...........

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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