DPD letter before action

[AndyOrch]

 Business to business then and Pre action protocol does not apply.....the late payment will apply although not at the daily rate they have stated within their demand which is obviously a typo or lack of understanding.

 

Andy

[PPP123]

Sorry, here is the letter again  

[PPP123]

Hi Everyone, 

 

I have received an email as follows:

 

"Thank you for your patience whilst I have gathered the necessary information

 

Firstly, I would like to address your concerns over our Letter Before Action.  This letter sets out our intention to pass the account to our Litigation Department.  It gives a summary of the account - the total balance and the overdue amount.  With regards to the compensation, this is advising if we were to take legal action, what compensation we would look to be awarded.  If the account is passed to our Litigation Department, a further letter would then be issued which would quantify our position.

 

In relation to your other points raised, I have spoken with Jess and also the Claims Manager and I am comfortable that, as detailed in previous emails from both Bianca and Alexandra, as a business, we have conducted everything within our Terms and Conditions and as a result of this, we retain our position.

 

I would like to thank you for your time and patience throughout this process and consider this matter now closed" 

 

Do you think that means it is over? 

 

 

[BankFodder]

I've no idea what it means.

Maybe you could draw them a quick note and say to them that the meaning of the letter is completely obscure and does it mean that they are no longer intending to take any action against you for some alleged debt?

Once again, it will be better if they sue you and then you counterclaim rather than the other way round – so it is worth trying to provoke them a bit

[BankFodder]

I think that just in case they are not intending to sue you and and that you will have to start taking your own action to recover the value of your damaged parcels, that you should start a new thread and tell us all about it there so we can keep it separate and start preparing. Even if they do sue you, the preparation of a claim will help you when preparing your counterclaim

[PPP123]

Hi Everyone, ive just received another letter, i am now more confussed as it states they have not received a response? 

DPD letter dates 280720.pdf

Edited July 30, 2020 by PPP123

[BankFodder]

This has all the indications that they are skirting around the idea of bringing a legal action against you and that they aren't really very keen about it.

I would suggest that you make no reply because at the end of the day I think it's in your interests that they sue you rather than you are obliged to sue them.

 

If you don't reply then it might give them the courage to issue the papers because they might feel that they are going to get an easy kill

[PPP123]

Many thanks for this advice. I shall do just that and again keep you updated. It is certainly keeping the adrenaline flowing 

[BankFodder]

What about the suggestion I made a few days ago that you begin another thread dealing with the damage to your parcels? You don't seem to have taken this up. I suggest that you do

[PPP123]

Hi, yes i have not started that yet, to be honest we are in the middle of closing down the business so my mind is on that at the moment. i will start actioning it once ive cleared my desk of outstanding orders ect 

[BankFodder]

when you say you are closing down the business, do you mean that you are a limited liability company and you are going into liquidation?

[PPP123]

its a Members’ Voluntary Liquidation. 

 

 

[BankFodder]

So I gather it is the voluntary liquidation of a limited liability company. that would mean that when you cease to exist, you will not be able to sue for your damaged parcels

[PPP123]

and does that then work the other way around? So we cannot be sued by DPD?

[BankFodder]

Yes although if they began an action against you I think that you would probably have to let the administrators know. I think you should ask somebody who is more up on company law than me

[PPP123]

Ok shall do, many thanks 

[PPP123]

Hi Guys 

 

ive had an email again this time from a different department, the Litigation administration It reads as follows:

 

Your account/the account held by your company (****) has been passed to the Litigation team at DPD due to your company's failure to pay the outstanding invoices on your account by their respective due dates for payment.

 

There are four outstanding invoices currently due for payment on your account.

 

To clarify, in the e mail you received from Sue Henley, when she wrote to you that 'the matter was now closed' she meant the matter with the DPD Local Credit Management team with your account was now closed, however as your unpaid invoices are still outstanding, the account was then passed to the Litigation team to chase you/your company for the outstanding balance of the invoices plus late payment interest and compensation charges which have been accrued on your account as a result of failure to provide payment for these invoices on time.

 

Please see below for a screenshot from our financial system which shows a full balance of the outstanding balance due to be paid on your account with DPD Local:

 

As you can see, there remains a current outstanding balance of £671.51 to be paid on your account, either in full or via a payment plan.

 

I look forward to receiving payment from you.

 

Shall I still ignore? 

[dx100uk]

send them one more email

state that this email address is now closed as the business in question has ceased trading or WHY

 

i wish no further emails from you or any of your depts, please now only write.

 

then block and bounce the email AD's

 

 

[BankFodder]

I understood that you were closing down the business and that it was not yet closed. In that case I would be careful about sending such a letter. Also so you don't seem to have made a decision as whether you want to pursue them for the value of the damaged parcels

[PPP123]

Our closing date is the 25th Aug so ill hold off sending that just yet.

Im happy to counter claim but only if they take us first as advised.

 

Shall I just ignore and see what happens form now until the 25th? 

There's me thinking they had closed it off  

 

 

[Its WAR]

Is the suggestion on here that once the company ceases, any legal action is doomed to failure? 

In which case, can't the company just stop trading, but be kept alive?

This might then enable them to issue the summons and you can defend?

 

I have had threats in the past that a summons 'might' be issued if I don't pay.

I consider the best reply is along the lines of "I am not paying (reasons why), please hasten the issue of the summons."

[PPP123]

Hi everyone , i have an update.

 

I have just received a letter from DPD with a claim form.

 

Ive attached the claim form

but i notice the court is Bristol which is miles away from me and also the letter states that if payment is not received within 7 days from the 19th August (ive just received it today) then the claim will be submitted. 

 

Also the business has now ceased to trade so again I am not sure if I should just ignore it?

I really would rather avoid doing a counter claim, however if I need to as they take this to court I will

 

dpd claim form 1.pdf dpd claim form 2.pdf

[BankFodder]

Thank you.

Firstly when you post up multiple page documents for us to see, it would be helpful if you would post them up as a single file – a multipage single file PDF. This is a standard facility on all scanners and it is much faster for you to do then scanning multiple files and of course it is helpful to us – especially as we are helping you free of charge.

This is just a form which has not been sealed by the court. Don't worry about it. To a certain extent they are putting the frighteners on you – although of course they may issue the proceedings. In terms of it being at the Bristol court – they are being totally disingenuous to suggest this. They should realise fully that the court location has to be allocated and that will depend on what you both say in your allocation questionnaires and almost inevitably, because you are the defendant, the case will be heard in your local court.

This is a try-on by DPD and you shouldn't worry about it.

Of course it may still be a bluff – but you shouldn't count on it and if they do sue you then as we already said, it would be better if it occurs in your local court and this will only happen if you are the defendant. You will then be able to make your counterclaim if that's what you want to do. And by now you should be fully prepared with all of your evidence and your claim in mind so that if they do issue proceedings then you can make your counterclaim. As has already been suggested, as you will be making your counterclaim for a much larger sum, it is likely that you will have to pay a fee.

Of course if your business has ceased trading – meaning that it is actually dissolved then you are not going to be able to bring a counterclaim. You say that it has ceased trading, but has it actually been dissolved or does it still exist as a limited liability company? If it does exist as a limited liability company then you can be sued, but equally you can bring your counterclaim.

[PPP123]

many thanks for the detailed response and all noted. 

The business stopped trading on the 25th Aug 2020 and we are now just waiting on the accountant to tie up all lose ends so as far as it being disolved, this is yet to be totally complete. Our customers pay their invoices to us on 30 days so we have to wait for those to be paid before we start the full process. 

I do have all emails, photos, and evicence to prove all of my counter claim. I will just need to get it into an order if required. 

 

I shall wait for the next letter which i Presume will be the actual court letters. My biggest thants as always. 

[BankFodder]

I'm not too sure what the situation is if they issue the proceedings just before you have dissolved the company.

I would suggest that you run it past your accountant who will probably know the answer.

You should also find out whether the issuing proceedings against you might in some way hold up your dissolution of the company.