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Hi everyone, i am currently in a battle with DPD as we have not paid outstanding invoices due to them damaging our delivery.

We tried very hard to ask for compensation and i have copied the email trial below.

I have now just received a letter before action from them.

 

Has anyone got any advice on this please:

 

Please see the version of events below.

I am disgusted with how I have been passed from pillar to post between multiple members of staff, I feel like this is where the confusion has arisen.

I keep have to re-explain situations and conversations I have had throughout.

 

If you don’t mind, I am just going to detail to journey I have been on attempting to sort this claim just so I know we are all on the same page as I do not know how we have come out with a closed claim.

 

Original consignment raised 14/4 – 9 boxes. 8 out of these 9 boxes were delivered 15/4 and for some strange reason the last box was delivered on the 16th. When I raised this issue asking ‘’why has this consignment been split delivered?’’ I was told that’s just what happens and there’s nothing they can do to stop that happening. I wish this was the only issue with this delivery.

 

15/16th Our customer telephoned to describe the poor state of these boxes and that the extremely important components inside were rejected due to the great bashing they received during transport.  my managing director, spoke to Jess who originally came to visit us when we first opened our account. He explained the situation and she said she would sort a claim out and look into this for us.

 

27/4 - I followed up via email with Jess, asking where the claims form was. She mentioned nothing during the above phone call, or on emails about the photographic evidence we would need to claim for our goods (Conveniently!). As if she would have mentioned, we could have taken more photos etc.

 

29/4 - I received a response from Jess simply saying she had raised the claim.

 

1/5 – I chased again, as I still had not received a claim email.

 

4/5 – Someone new emailed from the claims department (no name) to say we could not raise a claim as we had not contacted within 14 days of the delivery saying our first contact was the ‘’29/4’’

 

I was very confused at this point as Jess above mentioned the claim has been raised and now I was being told we could NOT raise a claim?

I replied to this email address (no name) stating the conversation we had regarding the issue the day after the delivery was made

– I was then told that this phone call was sufficient as means of conversation and that the claim would be raised.


5/5 – Finally, I received a claims email to start my claim.

 

5/5 – I was told ‘’For all claims we do require accurate proof of costings ensuring the proof of costs you are uploading onto the claim form matches the value being claimed for.’’ This email came from a new lady called ‘Georgina’

 

this is exactly what I did which made my claim now for a much higher value.

I created a spreadsheet detailing every single penny we had lost on this including, machining, tools, labour, cleaning, packing etc.

She also apologised for my experience with DPD.

 

7/5 I received an ‘’Oops you have missed something’’ I forwarded this onto the claims email address asking what I had missed as I did not understand.

 

11/5 Someone replied – saying you required photo evidence of external, internal, parcel label and damage.

 

12/5 I emailed back with my response.

Explaining it was very clear there was a DPD Label on the box from the photo evidence.

They asked me to describe internal packaging as all they could see was ‘’cardboard trays’’

 

I felt at this point no one wanted to sort my claim and just find a reason not to get this resolved.

Multiple occasions DPD spoke about our packaging, originally with Karan and Jess upon setup of our account and now they were being referred to as ‘cardboard trays’.

 

I had to email back again to say the following ‘’ - they aren’t just cardboard trays they are fitted egg trays.

Each component goes into one of the segments and the trays are layered one on top of the other.

We then wrap these tightly in shrink wrap to prevent movement.

Boxes are then taped up securely, and cut to size if there is empty space in box.’’

 

20/5 – Dan phoned, I mentioned that no one had responded to my email about packaging/ evidence.

He asked me to resend this on which I did. (see attached as requested by Bianca)

 

I had someone try to phone a couple of times while I was away at the end of May.

I emailed Laura on the 8/6 when I returned to work to say our accounts department would provide DPD with payment dates for outstanding invoices once the claim had been resolved.

 

9/6 I received a credit for £27.35.

I emailed back to ask how I had only received £27.35.

 

I received a response from yet again a new staff member, Bianca, letting me know this was purely a credit for the delivery consignment. ‘

" I can confirm that the credit note is for the carriage costs. Consignment ...... / Claim ..... is closed because you didn't respond to our further information request.’’

 

At this point I’m baffled at how the above isn’t sufficient as a response for the information requested?

Multiple emails, this may have been as each staff member had to pick up the whole trail as they looked at this issue?

I am not sure.

However, I responses yesterday to say that I had no idea why this had been closed as I had responded to every email/request I received.

 

It seems your outcome to this issue had just been to close the claim when it has been anything but resolved

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just spoke to the accountant. The formal closure will take 3-4 months, by that time ill either be done and dusted in court or stll playing ping pong with threatening letters.    If it d

please monitor this thread for a reply later on today or tomorrow. However it is a very long story and it will be helpful if you would now follow it up with a bullet pointed chronology without too much narrative. Thanks

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So I gather that you sent some parcels using DPD. They arrived in an apparently damaged state so that the items can't be used.

The items were returned to you and you had to refund your customer. You are now out of pocket to the tune of the entire value of the items or at least the cost of repairs.

You used DPD on some kind of account/credit system so that in principle you owe the money – but you are withholding the money because they didn't carry out their contractual obligations correctly and also they caused you loss.

They are now threatening to sue you and they have sent you a letter of claim.

I understand that you didn't take any photographs of the damaged parcels or of the items – on the basis that you weren't informed that that would be necessary.

I understand also that you have had phone calls with them – but you probably have never recorded the courts so you have no evidence of what has been said.

Is this all correct?

You haven't told us what the items are and whether they are still in your possession. You haven't told us whether the damage to the items makes them a total loss or if they can be repaired. You haven't told us anything about values of the items or of the cost of repairs.

We need this information.

Also, I hope that you won't mind too much when I say that your failure to take photographs on the basis that nobody had told you to do it – shows a certain level of naïveté and your lack of evidence may become a problem if they do issue proceedings and you have to defend yourself. I suggest that it is axiomatic of any kind of dispute of this nature that you would start acquiring and storing evidence from the outset – and photographs are certainly going to be the minimum kind of evidence that you would require.

You also haven't told us the value of the invoice sum which you are withholding.

Although your post is pretty long, it seems to be pretty scant on some of the essential information.

If you could please respond to these questions and then we will try to give you advice as to your position and the next step.

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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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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.

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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? 

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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?

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who has sent this 'letter of claim' come from

and doe sit mention the pre action protocol and include a separate response pack? 

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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Hi 

 

Yes they got sent a full costing as requested for the detailed process of the job this had the amount on it.

 

The letter of claim has come from the litigation department and all it says is the terms of when we should have paid the invoice and if they don't receive any payments within 48 hours additional charges will be added.  

 

We requested a fragile option which we were happy to pay extra for,

they said the technology of the hubs in place allow for a safer automated journey on all parcels. 

This is on an email 

 

We did not get told we had to say how much we had in each delivery.

We have been sending deliveries with APC for years and years and never experienced any problems like this.

 

We started an account with DPD around Feb this year

we had a meeting in our office and showed them what we send out and how we package etc. 

 

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does it mention the pre action protocol and include a separate response pack? 

and is titled letter of claim

 

that doesnt sound like a PAPLOC to me just a threat-o-gram.

 

they cant add extra charges,

they must give you (under PAP) the option of pay now or warn yo in 30 days they will raise a claim through northants bulk court.

and they must include a reply pack for you to fill out.

 

is this a B2B transaction too..

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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Please post up the letter in scanned pdf format

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We would appreciate you posting up your letters in scanned PDF format in future please – as asked – not JPEG images. Thank you.

This is not a letter of claim. It's dressed up to look as if it is a letter of claim – probably to put the frighteners on you.

You may as well respond to it.

 

Quote

Dear Suzanne

Thank you for your letter of XXX date – which I notice is dressed up to look like a letter of claim but of course it isn't and it certainly hasn't complied with the pre-action protocol for bringing claims in the County Court.

The fact that you have headed it as a letter of claim is effectively an abuse and when we go to court, as seems likely – then I will certainly bring this to the attention of the judge.

You threaten to add additional charges – but you should understand now that I won't be paying them but you're not entitled to levy them in any event. If you want to make an issue of that then we'll discuss that in front of the judge as well.

Furthermore, you refer to an invoice payment which we apparently owe you – and we had better understand each other now – that we won't be paying that either.

You have conveniently ignored the larger issue and that is the matter of your breach of contract in respect of parcels which you undertook to deliver for us and which you handled so carelessly that the contents of the parcels were damaged to the extent that they were un-usable.

I have already been in contact with you about this and provided you details of the damaged items together with evidence including photographs. The value of the loss to us is £XXX and as DPD now seems to be moving into debt collection mode, then you had better start considering all of the aspects of this rather than your one-sided approach.

I'm confirming once again that your poor handling of goods which have been put in your care has resulted in losses and I expect you to address them.
If you have lost the list of items and evidence and photographs which we have sent you then please let me know and I will send you copies.


Please respond.

Yours sincerely

 

 

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yes

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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upload converted to PDF and properly redacted

 

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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Well they are idiots. It still doesn't comply with the pre-action protocol – but if I were you I would do nothing. Make no response and see if they issue the papers.

Let us know what happens.

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Can someone point me to the late payment legislation which they are referring to please.

Also, I see that they say that they are charging a daily rate of 8.1%. It's all nonsense.

I notice that they have given up the charges which they originally threatened you with

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If its B2B then Late payment commercial payments and interest.

Also Pre Action Protocol does not apply unless its a sole trader

 

The interest you can charge if another business is late paying for goods or a service is 'statutory interest' - this is 8% plus the Bank of England base rate for business to business transactions. You cannot claim statutory interest if there's a different rate of interest in a contract.

 

https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt#:~:text=The interest you can charge,of interest in a contract.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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yes, but I gather that he iis a sole trader - and their rate of 8.1% is expressed as a daily rate

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Then they must be referring to section 69 interest ...which is only awarded with a court claim.. at the courts discretion.

 

https://www.legislation.gov.uk/ukpga/1984/28/section/69#:~:text=69 Power to award interest on debts and damages.&text=the defendant shall be liable,the date of the payment.

 

Unless they dont regard him as a sole trader. ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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in fact I see that he is referring to a manging director etcv so, no - not a sole trader.

 

However, 8.1% daily is wrong

 

I must say that I hadn't appreciatedd that preaction protocol didn't apply to non-sole traders

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I only saw the " Dear Sirs "  so assumed it was B2B....being formal.

 

The interest you can charge if another business is late paying for goods or a service is ‘statutory interest’ - this is 8% plus the Bank of England base rate for business to business transactions. You cannot claim statutory interest if there’s a different rate of interest in a contract.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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