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    • They've estimated 10 years to agree a trade deal haven't they, UB? I think the Tories believed Trump when he said the UK would be at the front of the queue and have a quick trade deal and thought it would look good as an announcement after Brexit happened. It didn't dawn on them until quite late on that Donald might lose the election.   Why they ever thought US negotiators would do any favours is beyond me and now you see how other countries have asserted themselves over trade deals, the Tories global ambitions are starting to look naive.
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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

DPD dispute regarding parcel posted from the UK to Australia. Shows as being delivered - **Settled**


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paypal   19 Aug 2020 14:41:24 BST
Transaction ID: 2
 
 

You sent a payment of £116.89 GBP to DPD Local Online
([email protected])

   

The amount due will be collected by Direct Debit within 3 working days after
It may take a few moments for this transaction to appear in your account.
Merchant
DPD Local Online
[email protected]
Instructions to merchant
You haven't entered any instructions.
 
Delivery address – confirmed
xxxxx
United Kingdom
Dispatch details
The seller hasn’t provided any dispatch details yet.
Description Unit price Qty Amount
 
Delivery Services £116.89 GBP 1 £116.89 GBP
 
Paypal Surcharge £0.00 GBP 1 £0.00 GBP
 
Subtotal £116.89 GBP
Total £116.89 GBP
 
Payment £116.89 GBP
Payment sent to [email protected]
 
 
From amount $223.26 AUD
 
To amount £116.89 GBP
 
Exchange rate: 1 AUD = 0.523562 GBP

Invoice ID: 3010796
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Okay, if you are happy with that then go ahead. You are going to claim the declared value plus the delivery costs.

Now draft a letter of claim. Not too much narrative. Just get to the point. Tell them what you want. Tell them that you want it in 14 days. And tell them that at the end of 14 days you're going to send them the good news

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Am I looking in the wrong place?  https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
 

1 INTRODUCTION 1.1

This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader).

The business will be referred to as the “creditor” and the individual will be referred to as the “debtor”.

This Protocol does not apply to business-to business debts unless the debtor is a sole trader.

 

TTL is the business – the creditor / Parcels2Go Ltd is the individual – the debtor.

Parcels2Go Ltd is NOT a sole trader, so how can this Protocol apply ?

 

 

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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 if Im not understanding - was this link to a link for suggested letter from Business to Business?

I had used this link as suggested above but it doesnt seem to apply when a business is seeking action against another business?
https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Not sure how much details to put in - even though I totally understand it should be kept short. Will try, and add here. 
 

Edited by TT2020
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use the examples in the threads on cag that i posted that link too

100's here

 

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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Just send them a standard letter of claim – give them 14 days.

Maybe you haven't read my previous post where I flagged up the points that you have to include.

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Thanks, yes, have taken on board everything said and included- was just wondering if there was a standard protocol for B2B action.

Regarding the deceptive practices this was an interesting response from someone when I had asked to speak to someone more senior. He has investigated and sees that it is 'powered by' Parcel2go.
And that parcel2go requested - and yet DPD Local is the trading name of Parcel2go.com Ltd. He speaks as if separate entities. 

Perhaps the fact that Parcel2Go.com Ltd trading as DPD Local Online seems to be trading as separate entities is part of the reason i did not get the information required to contact the local courier and find out where the parcel was?

I booked the parcel with them - and proving the service with reasonable care and skill should include providing the customer with tracking from start to finish. How can the company we booked with, and who chooses who to use to deliver, say they have no direct contact with the courier company they use (thats false - when we book through parcel2go.com they always give us UK to Australia tracking number AND AU to AU tracking) 

Since Sept when the non delivery raised by our customer they havent given us the AU to AU tracking. That has nothing to do with non signatures on delivery.     

Is any of this relevant for the claim? 

 

 
Ref: .....

Good Morning,

A copy of your correspondence has been forwarded to myself for further investigation.

At the outset please allow me to apologise for the failure to successfully deliver this package as was scheduled. We certainly appreciate the significant inconvenience caused by this failure in service, and we continue to apologise for the undoubted difficulties that have resulted from these unforeseen events.

I can confirm the www.dpdlocal-online.co.uk website is hosted by Parcel2Go.com Limited and having investigated this matter, the service is powered by Parcel2Go.com and unfortunately we do not liaise with the final courier directly.

I understand you have requested information regarding the final courier, which at the same time Parcel2Go.com requested to DPD, but I am afraid the courier confirmed the delivery, however informed there was no proof of delivery due to Covid restrictions.

As the courier confirmed the delivery, but the recipient disputing this, we have created the claim back in November. I can confirm the offer was correct as the protection of the parcel is only for £50.00, however this was increased to a £100.00 as a goodwill gesture, the offer still stands without prejudice should you wish to accept.

I must advise we are not members of any dispute resolution service.

May I conclude by offering my unreserved apologies once again both personally and on behalf of Parcel2Go.com for the undoubted inconvenience caused.

Should you have any further questions please do not hesitate to contact me.

Kindest Regards
S H****
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I have a sense that you are being over-complicated about this.

Draft a letter of claim – and post it here.

 

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  • 2 weeks later...

Thank you for all your help. I wrote again and offered to settle out of court if they increased the 'gesture of good will' offer -- which they did - and after court filing cost am only now down a relatively small amount, which I am putting down as 'a life lesson'.

However I am looking into the issue of deceptive practices and submitting to trading standards as well as writing a blog about it. There is some really dodgy stuff going on, separate to this parcel issue.     

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Thanks for the update. I'm pleased that you got a good settlement.

I'm afraid I don't think you'll get anywhere with the deceptive practices and trading standards line. However, writing up your experience in a blog will be a good idea because it might bring it to the notice of more people.

If you think you can give us a plug in the blog then of course would be very grateful.

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  • BankFodder changed the title to DPD dispute regarding parcel posted from the UK to Australia. Shows as being delivered - **Settled**

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