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    • I unexpectedly had a couple of hours free this afternoon and thought I would have a bash at helping simeon drafting his counterclaim.  Everybody please feel free to comment on and - hopefully improve it!  (In particular I am not sure if I've got the terminology correct vis a vis counterclaimant and defendant - so that may need correcting).   I am aware that Andyorch and BankFodder often stress the importance of keeping POCs to the bare minimum so as not to give away your case too much.  Whether I've given too much detail - or not enough - here, I don't know.  As I say, it's free to be pulled apart, but simeon seems to have nothing else.   Paras 1 - 16 (in black typeface) are simply a precis based on what has gone before and I've used them to put the counterclaim in context. Paras 17 - 19 (in red typeface) are simply my attempt to provide a basis for simeon's counterclaim.   At the end of the day this is simeon's documant - nobody else's.  simeon has to satisfy himself that it is both accurate and true, and also says what he wants it to say.  He will also have to order and sort out any attachments.  As I said earlier, I'm NOT giving legal advice!   Here goes... ===================================================================================================== Counterclaim   1.      The defendant agreed to undertake building work (Project 1) at the counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously removed chimney breast and, c. To install a new beam to the patio door.     2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the counterclaimant and that the defendant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the counterclaimant provided the defendant with a full copy of the structural engineer's report which detailed instructions to the defendant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.     5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the defendant's work. The second payment would be paid at the halfway point of the defendant's work. The final payment would be made on completion of the total works.   6.      The defendant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the defendant asked the counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The defendant also stated that Project 1 was approaching mid-way and the counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the defendant’s work but the defendant was absent.  The inspector was obviously very displeased by the standard of the defendant's work.  The inspector spoke to the defendant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the counterclaimant’s structural engineer with his findings and the counterclaimant should hear from the engineer soon.   9.      The counterclaimant passed on the Building Inspector’s instructions to the defendant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The defendant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the counterclaimant to do the necessary work and this company was engaged by the counterclaimant to complete the necessary piling at an additional cost to the counterclaimant of £3300. (See receipt at Attachment1).     11.  The defendant asked if the counterclaimant needed any more work to be done and, despite the problems encountered on Project1, the counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.     12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the counterclaimant had occasion to make several complaints to the defendant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the defendant demanded payment for that work.  After a period of negotiation the counterclaimant agreed to pay him £2000 on 18 August 2020.    14.  The counterclaimant subsequently paid the defendant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.     15.  It later came to the counterclaimant’s attention that the defendant had removed material (including a steel beam) from the counterclaimant’s property that the counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the defendant admitted he had done this.  The counterclaimant has included the value of this material in his counterclaim detailed below.   16.    On 21 September 2020 the counterclaimant highlighted and sent a snagging list to the defendant (Attachment 2).  Over a month later the defendant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the defendant.     17.  Apart from the outstanding snagging work referred to in para 16 above, the defendant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   18.  During the course of carrying out work on Projects 1 and 2 the defendant also negligently caused substantial damage to the counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   19.  The counterclaimant seeks an order from the court directing the defendant to pay to the counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here} in respect of:   (a)   the cost of the piling referred to in para 10 above which the defendant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the defendant had left undone from Projects 1 and 2; (c)   the cost of remedial work to put right the damage negligently caused by the defendant and referred to in para 18 above; and (d)    the cost of the steel beam referred to in para 15 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.     =================================================================================================================   What I'm not entirely clear about are two points.   First, it's not 100% clear to me whether simeon can properly claim the £3300 in paras 10 and 19(a) or not.  What I mean is, simeon is arguing that this work required by his structural engineer was always within the agreed scope of Project 1.  But it's not clear to me if it was within scope or whether it was entirely new and unforeseen work.  As I see it simeon can only counterclaim this amount from the builder if it had already been incuded in Project 1.   Second, the basis of the counterclaim still seems extraordinarily thin to me.  Is it sufficient at this stage just to allege that the builder caused any damage negligently and is therefore liable to pay to put it right.   That's it from me I think...    
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DPD Local lost £1,000 Wedding Tablecloths


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Hello,

 

I'm new to this forum but thanks in advance to those helpful ppl behind the scenes - it looks like an incredible resource. I'm at the beginning of what might be a drawn out fight with DPD local+ want to ensure I'm doing everything correctly.

 

I have a wedding linen rental firm where we hire out high end wedding linens (tablecloths, napkins) to couples for 3 days (day before, day of, day after). On this occasion we sent a package of 20 extra large couture satin  tablecloths and 150 napkins to a client three days before their wedding. Value in excess of £1,000 which I declared and can document (had to import the material from overseas, receipts from seamstress who made the tablecloths etc). Long story short, DPD lost the package (I suspect stole).

 

It was particularly catastrophic for the business because we got an awful review (death knell in wedding industry), clients had to scurry around the day before their wedding hiring inferior tablecloths from another company, we'd paid to import and have these custom tablecloths made AND, of course, had to return 100% of what the clients paid. Nightmare.

 

Wedding was at the end of September and today (8 November) DPD have emailed to confirm the parcel is lost and tell me that I can now claim up to the £50 I opted for when I paid for the postage (ha!). I know I'm unlikely to be able to claim the entire losses the business has suffered, but I would like at least the value of the tablecloths. I took photos of the contents of the package and the package itself before sending (usual practise to confirm to clients what's been sent)

 

Do I upload the evidence they have requested for the £50 claim at this stage, or write to complain and do the small claims route? Any chance I would be successful claiming the wider costs / reputational harm to my business? 

 

Thanks in advance

Edited by SinginTheBlues
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  • SinginTheBlues changed the title to DPD Local lost £1,000 Wedding Tablecloths

Please start by reading up on the stories on this sub- forum – especially those concerning Hermes. The path you are going to travel will be broadly the same – with a few differences.

You use the services of DPD as a company – not as a consumer. This means that the unfair terms provisions in the Consumer Rights Act will not apply to you but instead you will have to rely on the unfair terms in provisions contained in the Unfair Contract Terms Act 1977. The test for unfair and unenforceable terms in that act are more restrictive than in the consumer equivalents but we will have to make do.
The most important aspects, in my view, are that you are trading on the standard form contract of DPD – you have no option. All other couriers use the same contractual term so that you have no option.
Of course they will say that you should have taken out insurance and you will have to say that first of all it's not an "insurance" but it's their own personal scheme of making a bit of extra money – but more importantly they are in effect requiring you to take out insurance to protect them against their own negligence or the criminality of their own employees.
Finally, they are much better resourced and it is they who should be taking out insurance to protect themselves.

Broadly that lot.

I don't think there's any chance of you getting anything more than the declared value of the items which have disappeared. I think you would have had to have put them on notice as to the possibility and the extent of likely losses if they did not complete their side of the bargain.

Once you have read all the relevant stories on this forum then come back here
 

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Thank you very much. 

 

After a well spent evening reading this forum (so pleased I stumbled upon it), is it correct that I: 

 

- Send a complaint to DPD local outlining the fact that I  have received their acknowledgment that the items have been lost, but will be pursuing them for the full declared value because their additional insurance contact terms are unfair and unenforceable even under the 1977 Act, involved my having to pay extra to cover their negligence which is ridiculous. 

 

- Give them 10 days to reply 

 

(I'm aware there are additional arguments:, eg all other couriers use the terms so I had no choice - but I shall save this for mediation.) 

 

Make a SAR request, so I know what information they have 

 

Prepare a claim form 

 

Wait for their response, go to mediation and possibly to court 

--

I'm off on holiday tomorrow but shall draft and send from the airport. Does it make a difference that I'm in Scotland?

 

Again, thank you very much

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  • 3 weeks later...

I have sent three emails to DPD. In the first they responded to say their liability was £50 and that was that. I responded, indicated their response was unsatisfactory, informed them that I would like to move to ADR and requested their mailing address to send further documents. They ignored me and I sent the same email again - still no response. What should I do? Thank you.

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you do a letter of claim for DPD and send it to their registered UK address.

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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I see on November 8 I suggested that you read around all the stories especially the Hermes stories on the sub- forum.

Yet you just have reported that you read them and suggested that you go to some kind of ADR. Why is that? Have you seen that mentioned in any of the stories on the sub- forum?

What ADR did you have in mind?

Do you think that such a scheme exists anywhere? We would love to know.

If you want to move on with this then you need broadly to follow the advice here and that begins with reading all the stories and then taking the same path.

Sorry to say but you've wasted three weeks.

If you want to take control of this then you need to read the stories, take the suggested action. My site team colleague above has suggested the next step although that was clear from many stories which are already on this sub- forum

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hey i typed in dpd in our search...look what i found as the very 1st hit.......😇

 

 

  • Like 1

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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  • 3 weeks later...

Good morning,

 

I've now read all the forum posts on couriers, Hermes and DPD. I could only see one case that was based in Scotland.

From reading that case, where they did not send a Letter of Claim, is it the correct procedure that I simply need to file a Simple Procedure Claim (cost £101 due to the claim being £1,000)?

 

I have signed up via CivilOnline. I would be grateful if anyone could please confirm that what I am writing is correct:

 

**WHAT IS THE BACKGROUND TO YOUR CLAIM**

I booked the courier DPD Local online directly via their website on 28 September 2021. The items that have been lost or stolen by DPD were collected on 30 September 2021 but did not
arrive at their destination.


**WHAT ARE THE DETAILS OF THE CLAIM?**

On 28 September 2021 I booked DPD Local to send tablecloths and napkins from **** to a wedding in *****.

The items were specially commissioned bespoke tablecloths and napkins made from couture fabric and valued at in excess of £1,000.

Though collected by DPD Local on 30 September 2021 the items were lost or stolen by DPD and never arrived.

DPD have acknowledged in writing that the items were lost/stolen while under their care.

 I bring this claim for damages as under Scottish Common Law, under the principle law of delict, a trader has a duty of care to members of the public and their property 

Efforts to resolve this with Parcel2go.com t/a DPD have failed as have attempts to liaise with DPD Local through an Alternative Dispute Resolution scheme (they ignored my request). I have been left with no option other than to pursue them in court for the value of the stolen/lost items (monies owed), damages, interest and court fees.

The DPD reference number is ****


**If your claim is successful, what do you want from the respondent(s)?. You should provide a breakdown to explain the sum of money you are claiming.

You should also set out the date from which you would like the court to order interest to run from and the rate of interest you would like the court to order.**


I want the court to order the respondent(s) to pay me the sum of £_1000___.00__ which is the value of the items lost or stolen. This sum includes the purchase price overseas, import taxes and duties, the cost for purchasing materials in the UK and the cost a seamstress charged to make the items.

I want the court to order the respondent(s) to pay me interest on that sum at the rate of _8__% annually from the last date for service.

 


**If your claim is successful, would you like the court to order the respondent(s) to pay you a sum of money for the expenses of the claim?**
Yes


**You should set out briefly the reasons why your claim should be successful, and the court should make the orders which you have asked for, for example:

“The respondent breached a contract with me by not completing work satisfactorily”
“The respondent caused damage or financial loss to me by breaking something belonging to me”
“The respondent has kept something belonging to me without the right to do.”**

The respondent breached contract and has a duty of care under the law of delict. 

Do I go on to say: the respondent claims their limit of liability is £50. However, this is not the case, and list the reasons in the forum..

 

 

.

**What steps have you taken, if any, to try to settle the dispute with the respondent(s)?**

I asked the respondent if they would consider Alternative Dispute Resolution and they replied that their liability is limited to £50 and if I am dissatisfied with their response, it is my prerogative to file claim in court.

 

**Do you have any documents?**

Receipts

 

**Do you have any other evidence?**

No
 

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You should certainly send them a letter of claim. My site team colleague @Andyorch will be along  at some point to advise in more detail

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Thank you.

 

Here's what I drafted:

 

---

Dear Parcel2go.com Limited t/a DPD Local,

 

 

RE: Notice of Claim for DPD********

 

 

On 28 September 2021 I booked DPD Local, via your online portal, to send tablecloths and napkins from *** to a wedding in Lincoln, Lincolnshire as part of an event rental service. These items were specially commissioned bespoke tablecloths and napkins, made from couture fabric, with a declared value of in excess of £1,000. Though collected by DPD Local on 30 September 2021, they were lost or stolen while in your care and did not arrive at the destination.

 

You have already searched for the items and acknowledge in writing that they were lost or stolen in your care. I therefore write for the full reimbursement of the declared value: £1,000. You may send a cheque, addressed to******, to the address above or reimburse via direct deposit using the account details below.

 

Sort code: ****

Account number: ****

 

I look forward to your response within 14 days of this letter so that we can resolve this matter amicably.

 

Yours sincerely,

 

******

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  • 3 weeks later...

Happy New Year.

 

Dpd ignored my Letter of Claim so this is what I have drafted on the Civil Online Scottish Courts portal. Should I include the reasons that courier companies are liable (ie the helpful list in the forum) in my claim, or do I wait for the court hearing to rebutt their defence?

 

My answers to the questions are below.

 

Thank you

 

Quote

 

*WHAT IS THE BACKGROUND TO YOUR CLAIM**

I booked the courier DPD Local online directly via their website on 28 September 2021. The items that have been lost or stolen by DPD were collected on 30 September 2021 but did not
arrive at their destination.


**WHAT ARE THE DETAILS OF THE CLAIM?**

On 28 September 2021 I booked DPD Local to send tablecloths and napkins from **** to a wedding in *****.

The items were specially commissioned bespoke tablecloths and napkins made from couture fabric with a declared value in excess of £1,000.

Though collected by DPD Local on 30 September 2021 the items were lost or stolen by DPD and never arrived.

DPD have acknowledged in writing that the items were lost/stolen while under their care.

 I bring this claim for damages as under Scottish Common Law, under the principle law of delict, a trader has a duty of care to members of the public and their property 

Efforts to resolve this with Parcel2go.com t/a DPD have failed as have attempts to liaise with DPD Local through an Alternative Dispute Resolution scheme (they ignored my request). They have also not responded to my Letter of Claim. I have been left with no option other than to pursue them in court for the value of the stolen/lost items (monies owed), damages, interest and court fees.

The DPD reference number is ****


**If your claim is successful, what do you want from the respondent(s)?. You should provide a breakdown to explain the sum of money you are claiming.

You should also set out the date from which you would like the court to order interest to run from and the rate of interest you would like the court to order.**


I want the court to order the respondent(s) to pay me the sum of £_1000___.00__ which is the value of the items lost or stolen. This sum includes the purchase price overseas, import taxes and duties, the cost for purchasing materials in the UK and the cost a seamstress charged to make the items.

I want the court to order the respondent(s) to pay me interest on that sum at the rate of _8__% annually from the last date for service.

 


**If your claim is successful, would you like the court to order the respondent(s) to pay you a sum of money for the expenses of the claim?**
Yes


**You should set out briefly the reasons why your claim should be successful, and the court should make the orders which you have asked for, for example:

“The respondent breached a contract with me by not completing work satisfactorily”
“The respondent caused damage or financial loss to me by breaking something belonging to me”
“The respondent has kept something belonging to me without the right to do.”**

The respondent breached contract and has a duty of care under the law of delict. 

 

Do I go on to say: the respondent claims their limit of liability is £50. However, this is not the case, and list the reasons in the forum..

 

 

 

.

Quote

 

**What steps have you taken, if any, to try to settle the dispute with the respondent(s)?**

I asked the respondent if they would consider Alternative Dispute Resolution and they replied that their liability is limited to £50 and if I am dissatisfied with their response, it is my prerogative to file claim in court.

 

**Do you have any documents?**

Receipts

 

**Do you have any other evidence?**

No

 

 

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