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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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NPLondon

DHL Parcel mislabeled during customs clearance and sent to the wrong address

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The letter of claim can be sent by email. I don't see any problem with that.

Once again – to emphasise that although I expect you to win, there may be difficulty over the value you are claiming. Once again, we are simply giving volunteer advice – and the risks are yours.

If you want to take it more slowly – then of course you can, it's up to you. If you really want your items back then it certainly seems to me that pressure will have to be brought about on DHL to focus on the recipient – and also by you directly on the recipient as well. However, the items may well have gone by now. I can imagine that the recipient has already become alarmed by the approach from DHL and the letter that they will receive tomorrow from you won't help.

Of course the most sensible thing for them to do will be simply to say that it was a mistake and that they wanted to return the items to you all along. If that happened then we can simply turn to DHL and get some compensation for the trouble they have put you to – probably about £150


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Hi

 

With a SAR all you have to do is ask for 'ALL DATA' (this way it does not matter what format they hold that data whether it be digital, email, telephone calls (recorded), written etc).

 

They then have 30 Days to comply once they have acknowledged your SAR Request (that is unless they require ID Verification) which the 30 Days time limit does not start until they have verified your ID if requested)

 

Also can I add in DHL response in post#36 I hate it when any Company/Business etc. has the nerve to use the get out clause of 'Human Error'. 

 

This is not the case as it was 'Maladministration' by DHL' not 'Human Error' as stated to you, irrespective of who/which employee of DHL made the 'Human Error' the buck stops with DHL as who/which employee made that error was Employed by DHL.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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The latest from DHL Parcel:

 

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Over the last 24 hours we have been able to make some progress on locating your item. For reasons that we are not able to understand at this point your shipment has had a duplicate shipment number with the shipment that was going to the address in Newcastle . We have video evidence of the item that was delivered to Newcastle (a jiffy bag) and video evidence of your item in our Dartford location. The yellow box with white fragile tape on it can clearly be seen on the conveyor system in the Dartford location.

 

Because of the duplication in tracking numbers the details you have seen on the web is the shipping details for the Newcastle shipment and not your delivery, the duplication of these numbers on the system would also not allow our Dartford location to deliver your item to you.

 

We have now determined that your item is currently in the process of being returned to the sender in Germany and from the tracking we can see it is currently in cologne awaiting to be processed. One of my colleagues in the international team is currently in contact with the returns team in cologne to try and locate the item so we can get it delivered to yourself.  

 

As soon as I get some positive information of when we can get it to you i will be back in contact

 

As I have previously stated we are very sorry about this , we are trying to do all we can to rectify this situation 

 

 

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I don’t know what to think about this. The chances that a pre-printed label issued in Germany exactly match a tracking number issued in the UK are remote. And even if this was an issue  and their systems suffered a meltdown and couldn't deliver it then why has the package been sitting in Dartford since the 8th January  despite having my address fully visible?

 

I will update here if there is any movement on the package - or if it makes an appearance. 

Edited by NPLondon

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It does sound odd, I agree. But if your package really is in Germany and can be redirected to you, at least your presents aren't lost. The WMF cutlery looks very unusual.

 

HB


Illegitimi non carborundum

 

 

 

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I would suggest the following

 

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Dear Richard

It beggars belief that an outfit like DHL operate a system where it is possible to have two identical tracking numbers. I find myself very sceptical.

However, you say that you have found the parcel – and I hope it is in good condition – and I understand that you are arranging for it to be delivered to me. You are now aware of the value that I set by it .

 

In view of the fact that it now appears that the consignment may finally be on its way to me, I am suspending the effect of my letter of action which I sent to you yesterday – but make no mistake, I'm fully prepared to commence an action at the expiry of the 14 days – if I do not have my property returned to me.

I require you keep me fully up to date as to the movements of my belongings, that you provide me with a tracking number and also you arrange delivery by a responsible person into my hands – and by appointment so there is no further error.

As you can imagine I take a very grave view of what has happened. It has caused me a great deal of distress and also it has been unnecessarily time-consuming of my busy schedule. Furthermore, I had started to correspond with the person who you effectively identified as the recipient in the genuine belief that he had acted dishonestly – a conclusion which was entirely reasonable based on the information provided by DHL. The alleged recipient occupies a position of trust and this matter could have impacted very badly upon his circumstances merely as a result of the incorrect information provided by you. I'm sure that you can understand why this is a matter that I'm taking extremely seriously.

You can be certain that I shall be raising the subject of compensation with you once the parcel is safely in my hands. Please don't bother making any gesture of goodwill. The compensation that I will require will have to be discussed and agreed before I accept it and you can consider the matter closed.

Believe me

 

 

Assuming you get your property back, if you still have the appetite for it then I would suggest that you challenge them for compensation. In view of the problems they have caused, their negligence, the admission by them of their negligence, the extraordinary admission by them that they have a system which is able to generate two identical numbers, and given the cost to them of defending any action you might decide to bring for compensation, I would suggest £250.

On the other hand you may simply want a quiet life – and I wouldn't blame you.


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Chasing email above sent to DHL to find out where the parcel is:

 

Quote

 

It beggars belief that an outfit like DHL operate a system where it is possible to have two identical tracking numbers. I find myself very sceptical.

However, you say that you have found the parcel – and I hope it is in good condition – and I understand that you are arranging for it to be delivered to me. You are now aware of the value that I set by it.

 

In view of the fact that it now appears that the consignment may finally be on its way to me, I will suspend issuing my letter of action which is prepared and I was due to send to you  – but make no mistake, I'm fully prepared to commence action if my property is not returned to me.

I require you keep me fully up to date as to the movements of my belongings, that you provide me with a tracking number and also you arrange delivery by a responsible person into my hands – and by appointment so there is no further error. 

As you can imagine I take a very grave view of what has happened. It has caused me a great deal of distress and also it has been unnecessarily time-consuming in my busy schedule. Furthermore, I had started to correspond with the person who you effectively identified as the recipient in the genuine belief that he had acted dishonestly – a conclusion which was entirely reasonable based on the information provided by DHL. Furthermore, a police report has been filed and they are investigating the allegations. I'm sure that you can understand why this is a matter that I'm taking extremely seriously and the very complicated situation you have caused through your negligent handling of this parcel.

You can be certain that I shall be raising the subject of compensation with you once the parcel is safely in my hands. Please do not approach me with a gesture of goodwill. The compensation that I will require will have to be discussed and agreed before I accept it and you can consider the matter closed.

 

 

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No news from dhl after the email sent Friday morning. It’s getting on for nearly 3 weeks now since it was ‘delivered‘. If they know it’s in Cologne (as of Thursday 23 Jan) then why are there no updates... 

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I completely agree. At the very least they have admitted some incredible error and I think that they have a responsibility to keep you very closely updated.

 

It's up to you – but frankly I would be sending a letter of claim immediately. I still find it very interesting that the "apparent" recipient has blocked your communications. I think you should send broadly the letters that I suggested last week. It's a shame that they haven't already been sent – but in view of the new information that you have had from DHL, maybe that one can be tweaked. I wouldn't hang around any longer – but you may feel differently.


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I can't remember if the alleged recipient has heard about the alleged delivery from DHL. Is it possible they think the OP is trying to con them?

 

HB


Illegitimi non carborundum

 

 

 

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Here's a revised letter of claim to see if we can get some results:

 

Quote

 

Dear Richard
 
Further to my email of Friday 24th Jan 2020 I'm very sorry that you haven't responded with an update.   You stated on the 23rd January that you probably know the whereabouts of the parcel which was originally due to be delivered to me on the 8th January. However, since then you have failed to propose any solution or have been unable to confirm if you have actually located my belongings.
 
You have now said that the parcel might be in Cologne but I have heard nothing further. The sender of the parcel has also not received a revised tracking number or other any other updates whatsoever despite raising the issue more than once via your online reporting tool. 
 
As you know, DHL by their negligence created a situation whereby a parcel addressed to me was unable to be delivered due to an alleged issue with the tracking number that was duplicated with another delivery. This is resulted in all of us incorrectly assuming that the parcel had been delivered to an address in Whitley Bay, Tyne & Wear when in fact it had probably sat in your warehouse in Dartford for two weeks.
 
In your correspondence to me you have already admitted what has happened and that for whatever reason, DHL was responsible.
 
You are fully aware that the contents of the parcel include a set of silver-plated cutlery which has a special sentimental value to me, in addition to other items which the sender spent a great deal of time and effort selecting and which were sent to me by way of birthday gifts. Because the cutlery set was given to me specifically as a birthday gift and was inherited from her late step-mother, I have already explained to you that apart from the fact that I'm not aware that these items are available any more, they are irreplaceable to me.
 
You can imagine the distress I feel having to place a value on them but for the purposes of court procedure, I am identifying a figure of £2500 has a sum which might in some measure go towards compensating me for this loss.
 
Accordingly, I require that you send me a cheque for the above sum within 14 days and failing which I shall begin an action in the County Court in respect of your next and handling of my property and without any further notice.
 
I hope you can appreciate what a complicated situation you have created by your negligent handling of this matter and then your lack of cooperation in providing me with the information I need.
 
Please point out to your legal department that I am not prepared to receive any communications from you on a without prejudice basis. Everything is at large will be disclosed to the court if necessary.

 

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Dear Richard

 


Letter of claim

 


You have failed to respond to my email of Friday, 24 January 2020.

Although you have told me that you now know the whereabouts of my parcel you have failed to give me any further update. I have been in contact with the sender and they have heard nothing from you either.

You have now come out with a variety of explanations as to the reasons why my parcel has been lost. This has included implicating a third party in Newcastle and you should realise that as a result of the information you have given me, this person has been identified and the police have been called and are currently investigating.
If this person turns out to be not at all indicated then I hope you are starting to understand the seriousness of the situation you created and compounded by your various versions.
Your explanation that DHL has generated a duplicate tracking number is frankly highly unlikely.
I have already explained that the contents of the parcel have a special sentimental value to me and I'm sure that you would understand that both the sender of the parcel and myself are in great distress as a result of its possible loss.
Although it is difficult to place a value on an item which is of such special and emotional significance to me, I'm proposing to claim £2500 in the County Court and I'm sending you this letter as formal notice that you can avoid legal action by letting me have a cheque for this amount within 14 days.

Failing that I shall issue the claim and without any further notice

 

Please point out to your legal department that I am not prepared to receive any communications from you on a without prejudice basis. Everything is at large will be disclosed to the court if necessary.
 

 


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I suggest maybe that you now also write a letter to the alleged recipient. Inform them that rightly or wrongly they have been implicated in the disappearance of a plated cutlery set. That you have tried to reach them that you understand that they have blocked your correspondence.
As a result of the information received from DHL you have now informed the police and you understand that they are investigating.

I would suggest that you tell the alleged recipient that you will shortly be issuing court proceedings against DHL and that if the matter does come to a hearing that it is likely that they, the alleged recipient, will be identified and referred to in public documents.

Also, in respect of the police, I understand that you have reported this to the police and they undertook to contact you and to begin an investigation – and they have not contacted you. Surprise surprise!

I suggest that you get onto the police immediately chase them – by telephone and also in writing. Point out that you had a conversation on XXX date and you brought to their attention that according to DHL some valuable property of yours had been inadvertently delivered to the [alleged recipient] and that despite the fact that the officer involved promised to get back to you, they have not done so and so far you do not have a crime reference number. Tell them that this is essential that this matter is taken seriously because it is currently being taken to court.


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Thanks for the revision.

 

The other odd thing is that the recorded delivery letter I sent to the alleged recipient has never been signed for -  the tracking simply states 'we've got your item' although it was sent 1st class on Wed 22nd - it's now the 28th.  So I can only conclude that it was refused 

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claim letter sent as an email with signed PDF attached. Now waiting for a response....

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2 hours ago, NPLondon said:

Thanks for the revision.

 

The other odd thing is that the recorded delivery letter I sent to the alleged recipient has never been signed for -  the tracking simply states 'we've got your item' although it was sent 1st class on Wed 22nd - it's now the 28th.  So I can only conclude that it was refused 

 

Send a letter directly to the recipient based on the suggestion I have made a couple of posts ago. Send one recorded and one ordinary mail. Send a copy also to the HR Department of his workplace – but marked confidential on the envelope. Send that one recorded. This guy needs to get involved


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By the way, this is highly likely to result in a claim being issued. It's becoming more complicated than anybody ever imagined.

I suggest that you register with money claim online and start drafting your claim. And get ready to click it off on day 15.

You can save your work so that you can post your draft claim here. You find there is a character limit. I expect that we can fit it in to the limit that they give you if we avoid narrative


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1 hour ago, BankFodder said:

Send a letter directly to the recipient based on the suggestion I have made a couple of posts ago.

 

does it make sense that I include a hard copy of the german post office receipt and the image showing that my parcel was signed for at his address under my tracking number? It would at least validate why I'm in touch with them

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No I don't see any point in disclosing any information other than his name has been discussed in reference to this problem

Have you chased up Old Bill?


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22 hours ago, BankFodder said:

I suggest that you register with money claim online and start drafting your claim. And get ready to click it off on day 15.

You can save your work so that you can post your draft claim here. You find there is a character limit. I expect that we can fit it in to the limit that they give you if we avoid narrative

 

Started the claim procedure so it's now sitting there under 'claims history'. I'll post a synopsis so you can advise on what edits might be required

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Latest reply from DHL Parcel UK: 

 

Quote

 

Thank you for your email of 28 January 2020, the contents of which have been noted. As this is, at your request, open correspondence, it is useful to recap the chain of events. 

 

Firstly, you are not the Sender and therefore have no contract with DHL Parcel UK Limited. In fact, the Sender has no contract with DHL Parcel UK Limited, either. The Sender entered into a contract with Deutsche Post AG in Germany to send the Shipment to you in the UK.

 

Secondly, Our investigations have found that for some reason, a Shipment number was duplicated, probably in Germany with the result that the Shipment shared the same shipment number as one destined for Newcastle. Because DHL Parcel’s system assigns delivery information to the first shipment delivered, this led to the Newcastle shipments details being attached to the Shipment number. Because your Shipment was not delivered first, by the time it came to scan it, an error arose which then initiated normal processes for the return of the Shipment to the Sender.

 

Thirdly, at no point was the Shipment mis-delivered to the Newcastle address or lost. In fact, subsequent investigation revealed that the Shipment had been returned to Germany. Unfortunately, Germany (being a major hub for various DPDHL) networks is currently experiencing a backlog. Our current information is that the Shipment is awaiting processing to be returned to the UK, where DHL Parcel UK will then undertake to deliver the Shipment to you. 

 

Fourthly, in my email of 23 January 2020, I did make it clear to you that I would update you as soon as I had more news to share. It is regrettable that one of the consequences of repeatedly making queries with different people is that sometimes the ‘latest’ information is not the ‘best information’ and that this sometimes leads to misunderstandings that then cause anxiety in certain personalities. It was clear to me that information given to you in response to each of your queries in all good faith represented a ‘what we know at the time’ picture of events and this was the reason why, in my email of 23 January 2020, I specifically stated that I would update when I had solid information to share. 

 

So, in the interests of absolute clarity, the position of my email of 23 January 2020 has not changed. Your Shipment has been confirmed to be as being in Germany. Unfortunately there is a 13 day backlog in Germany that my German colleagues are working through but they have confirmed that as soon as they have processed it, the Shipment will be returned to the UK whereupon I will arrange its delivery to you. I am hopeful that I will get the Shipment sometime next week.  If there are any changes to the above in the meantime, I will contact you as soon as practicable.

 

For the sake of completeness, I’ve been asked to convey to you that any legal action will be vigorously defended and on that basis, you should know that as a recipient, you have no locus standi, as any contract would be between the Sender and Deutsche Post. In any event, the Shipment is not lost or damaged, so there is no identifiable loss that could be recovered in court. Your insistence on open correspondence means that you are hereby put on notice that you are now aware of your legal position and the Court will be made aware of this. In the event of our successful defence of any legal action by you, we also put you on notice that we will sue for our costs to the fullest extent permissible at law. 

 

I do not wish to end this email on a needlessly adversarial note. My focus is in getting the Shipment to you as soon as we receive it. The next week should hopefully resolve matters to your satisfaction. I would therefore be grateful for your patience and forbearance until then.

 

 

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Dear Richard, without trying to get into a game of ping-pong with you, if I sue you in contact I would be relying on the Contracts (Rights of Third Parties) Act either in respect of the DHL contract with the sender – or else in respect of the contract that DHL UK has with their German partners.

In addition to that there is the question of negligence and that seems to me to be a suitable falback.

Furthermore, you had better explain to whatever legal advisor you are using about the small claims rules relating to costs.

My main complaint as you well know, apart from the chaos of the DHL systems, is that you are not keeping me up-to-date.

Keep me up to date then I will feel more relaxed about beginning an action against you.

I shall hold off issuing an action for the moment in view of your latest information. Keep me updated and keep me confident and there won't be much problem.

It's up to you

 


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Perhaps a new tracking number wouldn’t be a bad start. It must have some form of identification adhered to the parcel so they locate it within the 13 day DHL parcel mountain 

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Yes you are absolutely right. Maybe you could insert that into my suggested response.

The response was intended partly to be a response to them – but also to explain the situation to you. You're absolutely right that they should be able to give you a tracking number so that you can follow its passage.

Frankly I think it's outrageous that you are being required to queue up like this. It shows that they are in a real mess – and we will address that once you get the parcel – if you want to continue.


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I sent this email to follow up, let's see if they have a new tracking number, and it's not a duplicate...

 

Quote

Without trying to get into a game of ping-pong with you, if I sue you in contract I would be relying on the Contracts (Rights of Third Parties) Act either in respect of the DHL contract with the sender – or else in respect of the contract that DHL UK has with their German partners.

In addition to that there is the question of negligence and that seems to me to be a suitable fallback. Furthermore, you had better explain to whatever legal advisor you are using about the small claims rules relating to costs.

My main complaint, as you well know, apart from the chaos of the DHL systems, is that you are not keeping me up-to-date.

Keep me up to date then I will feel more relaxed about beginning an action against you. Perhaps a revised tracking number would be a good start -  I’m assuming the parcel must have a new one so that you understand where it is in the DPDHL system? I can also forward this on to the sender who is also concerned of the three weeks that this parcel has been in transit. 

I shall hold off issuing an action for the moment in view of your latest information. Keep me updated and keep me confident and there won't be much problem.

 

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