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    • This is the first time that I have ever come across any courier company involved in something like this so it's a complete unknown. If you are properly prepared with independent assessments as to what has happened then there is no reason why you should lose and you should approach this problem with confidence. Keep us updated. I can well imagine that DPD hasn't taken any of this thing seriously but once they receive a properly drafted and evidenced counterclaim, they will then take time over it and they will then understand that their position is very poor and they may well approach you to settle the matter rather than go to hearing and lose. You may already have told us, but did you properly declare the value of this consignment and also did you opt to take out their insurance cover?
    • I shall take your advice and sit tight with all of my evidence.  Thank you for your help and I will keep you updated. Have you heard of them ever following this through to court? 
    • Thanks for getting back to me. We are based in East Sussex. I don't know if they are engage with their tenants I am getting details from all the tenants
    • Thank you. There are two possible routes here. You could sue DPD – and then they would probably defend and they would also counterclaim for the unpaid delivery fee. Alternatively, they could go ahead and sue you and then you could counterclaim for the expenses of the damaged items. It would be better if they would sue you and the reason for that is that you would be the defendant and therefore if there was a hearing, it will be held at your local court which would save you a lot of inconvenience. If you sue them, then they become the defendant and if there was a hearing then it would be heard at their local court which means that you would have to travel and plan the logistics of this. Normally speaking you can counterclaim without paying a fee but where the value of a counterclaim is substantially greater than the value of the substantive claim, when you might have to pay a fee. If you with the claimant then you will certainly have to pay the fee anyway. So I suggest that your best interests are served by preparing to be sued and then if that happens then to defend and counterclaim. We will help you. If eventually they don't follow through with their threat, then you will have to sue them. Whichever is the case, you will need to be well prepared and that really means that you need to seek independent assessments and evaluations of the damage which has been caused and the value of putting it right. These independent assessments may cost you money – but eventually if you win then you will get this back. So for the moment, start gathering your evidence. Make sure that you are fully prepared with your independently verified documentation and then hope that they will follow through with their threat and sue you.
    • thanks for the response   The items arrived totally damaged and our customer sent them back and we had to re make all of the items again. This cost was just over £7000. Yes we are on a creidt type account, I asked for the compensation on the problem delivery and they decided to lie and cheat and then close the complaint. we did take photos and so did my customer, DPD said they could not use them as it didnt show enough detail. this again is untrue.    The invoice we are with holding is £530  We had to remake all of the work as mentioned above.    I hope this helps a little more  
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girl_racer_boy_hater

Christmas and New Year's Days deducted from holiday entitlement?!

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Hi there.I have started a new job in retail and have received my contract accordingly. In relation to Public and Bank Holidays, it states that "Public Bank Holidays are classed as a normal working day. The only exception to this will be for Christmas Day and New Year's Day when the store will be closed. These two days will be classed as holiday taken and deducted from your annual entitlement."Having worked in retail for a few years, I have no problem with the hours involved, however is it legal to count Christmas day and New Years day as holidays taken when the store would not be opening anyway? Or is it just rather unfair?I have not had this with any previous employer in retail. Generally, these days were non-working days not affecting holiday entitlement as the store would not be opening, and Boxing Day and the 2nd January were classed as holiday if they were taken (in Scotland).Any help on this would be much appreciated, thank you!

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Yes it's legal. Different companies treat their employees differently.

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Just to confirm what Conniff has said this is what I got from ACAS's site...

 

Employers may choose to:

shut down for certain periods during which all or some groups of workers

have to use their annual holiday entitlement

nominate particular dates as days of closure, when workers are expected to take annual leave (for example, over the Christmas and New Year period)

 

So as long as it's made clear in the contract then it's perfectly legal...but of course a damn disgrace and downright miserly!

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