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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • purple_rain
      DPD parcel stolen

      By purple_rain · Posted

      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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      Friends LC Asset/Link Claimform - 2019 Barclaycard debt

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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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      This is good ethical practice.

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

M&S,Aviva,Ival-pointless

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lostmarbles

lostmarbles

Posted
Posted

Had a cycle stolen on the 14th march 09, informed the police and contacted M&S(underwritten by Aviva), whom I pay my premium to.

Was then told that a company called Ival would phone me. Nope.

After i rang them and gave them details, was told to send in all the receipts.

This was done within one week of the theft.

Since then I've received one call to book a call? only to ask why one of the receipts had been amended by the shop, which was quite obvious if they'd read the receipt.

I have phoned Ival several times only to be told that they are waiting to here from the insurance company for a reply to their email, after contacting M&S myself, I have been told that they have received no email. Why doesn't anybody follow things up?

When I asked how I would go about complaining, the M&S call center staff told me to contact Ival and complain to them, but surely I am paying M&S for their service, not Ival?

How long is a reasonable amount of time to wait for a claim to be settled?

Why does it say in the M&S Key Benefits booklet......

 

"Painless Claiming.

If you suffer a loss, the last thing you need is stress from your insurance company. So if something goes wrong, all you need to do is pick up the phone, tell us what's happened, then sit back whilst we do all the running around."

 

So far, Ive lost a lot of sleep, made a lot of phone calls and it looks like I'll have to cancel my cycling holiday in June as I have no cycle to cycle with.

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gyzmo

gyzmo

Posted
Posted

It is M&S you complain to. They instructed Ival, who are M&S's agents. As such, M&S is responsible for the conduct of the claim, including that of it's agents.

 

I would not bother phoning because you will more than likely get poorly trained, target stressed staff. Write in requiring a response within 14 days - head it as a complaint as well so that you can go to the FOS if need be.

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djmetsandy

djmetsandy

Posted
Posted

Actually gyzmo is incorrect, Ival have been appointed to deal in full. If you have a complaint Ival will resolve this. If you send a complaint to Aviva, they will forward it to Ival, who will subsequently contact you to discuss. Aviva work in partnership with Ival, like Asprea, Cunningham Lindsey and Crawfords. You're best option is to contact Ival and discuss over the phone, if you do not get the answer you want then request to be passed to a lead advisor or for one to call you back.

If your willing, could you attach the receipt for the bike on here? (obviously removing any sensitive information), I would like to see, from a third party point, what the problem is..

 

You could also send a PM to 'beccus' and ask her to look into this for you?

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gyzmo

gyzmo

Posted
Posted

Sorry? I don't think so. M&S are the insurer and it is with them that the OP has a contract. M&S appointed an agent and M&S are responsible for their actions.

 

And it is also best not to speak on the phone - it needs to be put in writing so that it can be produced as evidence if necessary. Phone calls have a habit of not being recorded or located, so it has the potential of one word against another. A letter leaves a paper trail and can be produced in evdience quite easily.

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gyzmo

gyzmo

Posted
Posted

Let them do so if they wish, but responsibility lies with M&S. If they wish to go about it in a certain way then that is their choice. If it causes delays or inconvenience then they must be accountable for the way they deal with it. It is not the OPs problem - it is for M&S to sort out and not for the customer to decide who should be taking responsibility for what.

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djmetsandy

djmetsandy

Posted
Posted

I'm not suggesting the OP decide where to send their complaint, they were advised by M&S Staff to send to Ival and if they wish to send it to M&S instead, then be prepared to have to wait a little longer for your issue to be resolved. The logical opinion would be to do as advised...not the opposite...

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gyzmo

gyzmo

Posted
Posted

That's akin to a seller telling you to go to a manufacturer for a fault that they are responsible for.

 

M&S are the insurer, a claim has been made again M&S. Ival are not the insurer nor has a claim been made against them. M&S can make a simple phone call.

 

M&S are responsible. Its as simple as that. If they delay by writing to Ival then they should be answerable for it.

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djmetsandy

djmetsandy

Posted
Posted

Ok lets use your example in my favour, you buy a Sony TV from Comet, the TV stops working within 2 weeks. You think its logical to go to Sony because they make it, so you call them and they tell you to speak to Comet as they handle the product. I'm saying it best to go to Comet..your saying Sony...

M&S are not a supplier, they are the so-called manufacturer. Ival are the supplier, not the manufacturer...Hope that makes it easier to understand?

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gyzmo

gyzmo

Posted
Posted

No, you've got the wrong end of the stick. You have taken my example too literally, but in such an example M&S would be the seller and Ival the manufacturer.

 

The point being that the people you have a contract with are sending you to some third party when they should not be doing so. I can only repeat what I have already said - it is M&S's responsibility.

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  • 2 months later...
FlEpS

FlEpS

Posted
Posted

gizmo ur 100% right i-val are not the ones to complain to as the lovely person at Aviva told me as they are mearly subbies as aviva cant be assed put simply...

i've got an on going battle after 2 bikes where stolen a large amount of tools and other items its got to the point where ival are saying phone aviva and aviva are saying phone ival six weeks this has been going on for a bit ****ed off now.....

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gyzmo

gyzmo

Posted
Posted

That's why I keep saying to go to the FOS.

 

The reason I say that is because is insurers insist on providing the corporate equivalent of battery farms of employees (call centers with untrained staff), then they pay the consequences when claims or complaints are not dealt with properly, as inevitably they will be.

 

In that case, use the complaints procedure and make them suffer the consequences of having to be forced to do what they should do in the first place.

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FlEpS

FlEpS

Posted
Posted

was going to take the FOB's services until i-val contacted me (nearly had heart failure...) and told me they would be willing to pay out £x as this was my limit, however looking back on the policy it states the limit is twice what i-val think.....

aviva has been in contact to change this so will see in the morning if i-val have changed there quote....

am starting to be happy about the whole situation!!!!

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