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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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Lost/stolen DHL parcel from China worth £850 but insured for $100


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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

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doubt it.

 

 

I suspect you were not the only victim?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry, but I disagree with the above.

 

Please read the discussion here:- http://www.consumeractiongroup.co.uk/forum/showthread.php?456708-Hermes-Extra-Charges-but-lost-Item

 

I think that this is a big rip-off area which needs to be explored

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I think this is slightly different to the link BankFodder posted. Based on the first post, I am assuming the seller in China arranged the delivery. If that is the case, you are not the couriers customer, the seller is.

If you arranged the courier, you are the customer and as such would have a claim.

 

This is opinion only and I could be quite wrong but I would need some case law to assist.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Normally I would agree that it is the senders responsibility to make a claim if anything goes wrong with a delivery - after all the contract is between the sender and the courier company.

 

But IF you can prove the item was in DHL's care in the UK then I think you have a claim against them for negligence. You will need copies of a genuine invoice showing the items value - if you paid customs dues the receipt for these will help to prove the item was in the UK and thus in DHL's care. If you have not done so print out the tracking history - courier companies seem to have a habit of deleting this once there is a problem.

 

From the point of purchase and payment I believe the goods are technically yours so you are making a claim for DHL not taking proper care of your items whilst in their care in the UK.

 

I have had something similar occur before with a shipment from Ireland worth a couple of hundred pounds that the sender did not insure (the insurance was probably worthless anyway). The sender refused to reimburse me and I really had no inclination to chase him through the Irish legal system so I tackled the courier company and got as far as a LBA when we negotiated a settlement. Unfortunately I cannot name and shame them due to a gagging clause in the settlement I received.

 

You may find DHL will settle before court as they may not want this grey area fully tested - it may open the floodgates for similar claims. If you do go the LBA and Small Claims route be fully prepared to carry through as many courier companies ignore threats of action as too many threaten action and fail to do anything. They quickly change their attitude when the claim form is received from a court. Most are pragmatic and will weigh up the costs of taking you on in your local court and the costs of settling quickly. Usually it is cheaper, quicker and easier for them simply to pay up. A lot will IMHO depend on your determination to carry any action through.

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Normally I would agree that it is the senders responsibility to make a claim if anything goes wrong with a delivery - after all the contract is between the sender and the courier company.

 

But IF you can prove the item was in DHL's care in the UK then I think you have a claim against them for negligence. You will need copies of a genuine invoice showing the items value - if you paid customs dues the receipt for these will help to prove the item was in the UK and thus in DHL's care. If you have not done so print out the tracking history - courier companies seem to have a habit of deleting this once there is a problem.

 

From the point of purchase and payment I believe the goods are technically yours so you are making a claim for DHL not taking proper care of your items whilst in their care in the UK.

 

I have had something similar occur before with a shipment from Ireland worth a couple of hundred pounds that the sender did not insure (the insurance was probably worthless anyway). The sender refused to reimburse me and I really had no inclination to chase him through the Irish legal system so I tackled the courier company and got as far as a LBA when we negotiated a settlement. Unfortunately I cannot name and shame them due to a gagging clause in the settlement I received.

 

You may find DHL will settle before court as they may not want this grey area fully tested - it may open the floodgates for similar claims. If you do go the LBA and Small Claims route be fully prepared to carry through as many courier companies ignore threats of action as too many threaten action and fail to do anything. They quickly change their attitude when the claim form is received from a court. Most are pragmatic and will weigh up the costs of taking you on in your local court and the costs of settling quickly. Usually it is cheaper, quicker and easier for them simply to pay up. A lot will IMHO depend on your determination to carry any action through.

 

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

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Sorry but I don't agree with the previous two posters.

 

I think that you have a direct right of action in contract against DHL under the Contracts (Rights of Third Parties) Act 1999 http://www.legislation.gov.uk/ukpga/1999/31/contents

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