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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By Tierce · Posted

      It is not as simple as you seem to suggest. 1. My wife needed the car and there are no local public transport facilities within 2 miles. 2 Neither of us has the technical expertise to change a battery. 3 Not only does the battery itself have to be appropriate for stop/start technology; but also, according to the handbook, has to be registered with Mini by a recognised agent, which I am not, neither is Big Motoring World. 4 The car had to be towed. Where was I going to have it towed to where I could be sure it would be properly dealt with? I couldn't trust Big Motoring World to do it. I couldn't have it towed to just any garage and be sure they had the right battery and the time to fit it. 5 The high sum involved is mainly for the diagnostic test which Big Motoring World asked me to obtain; and they did not initially raise any objection to the car being taken to the nearest main dealer. I would not have got the diagnostic test, if they had not asked for one. So, I understand where you are coming from, but having ignored requests for reimbursement, what else could I have done to recover my lay out?
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      By wv600 · Posted

      Thank you FTMDave.  I'm happy to make your suggested changes.  I'll wait a day or 2 to see if any of the team have any other suggestions or feedback.  Do I then just email a copies to both UKPC and the court? Lookinforinfo - Unfortunately I am not sure if the signs have since been changed and cannot recall seeing any on the night as it was dark.   
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    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      I can't imagine that EVRi will want a judgement against them on this and based on this argument. I reckon you have a better than 90% chance that they will try to reach out to you before the trial date. They know that what they are doing is thoroughly wrong and dishonest and contrary to law. They are following this thread, of course – and they've already seen this witness statement. I imagine that they are scrabbling around trying to understand how they can extricate this without using too much face. I suppose they will make an offer to you which is a few quid short of your claim in order to say that they were justified in being stupid. Hold out for every penny. It's your money and you deserve it. It's not their money and they don't deserve it
    • BankFodder
      Evri lost my Ebay parcel £844 - court claim issued

      By BankFodder · Posted

      New paragraph 47 – If you insert that – and move everything else down then I think you are good to go. Well done on going through the mill on this but it looks pretty good

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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Currys item/DPD - they failed to follow delivery instructions - parcel missing

GS91

By GS91
in Currys/PCWorld/Dixons

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style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 383 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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GS91

GS91

Posted
Posted

DPD delivered my parcel when I had requested it to be delivered the next day as I had got called into work.

I had conformation on the APP and a conformation email it would be delivered to my pick up point the next day

 

when I turned my phone on, on my break at work I see the parcel had been delivered to my safe place which is right at the front door.

When I went home later after work it wasn't there and wasn't taken in by any of the neighbours.

 

I contacted DPD and they said driver had failed to read the instructions properly and was their fault but had to go through currys,

done that

 

after 3 days currys investigation concluded it was indeed my fault as the driver left it in the safe place.

 

What an absolute joke!

 

They expect me to pay £300 for an item I never received due to an incompetent driver?

 

What can I do?

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  • dx100uk changed the title to Currys item/DPD FAILED TO READ INSTRUCTIONS
dx100uk

dx100uk

Posted
Posted

type in evri and get reading up

 

the process is the same for your claim against DPD.

 

complaint letter

letter of claim

court claim.

 

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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  • dx100uk changed the title to Currys item/DPD - they failed to follow delivery instructions - parcel missing
BankFodder

BankFodder

Posted
Posted

You say that the parcels delivered to your "safe place". This means that you had designated some special place to leave the parcel. Why is it that DPD would know this and had you given them instructions to ignore the safe place and to deliver elsewhere?

Do you have any record that DPD agreed that it was their error?

How did you pay?

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GS91

GS91

Posted
  • Author
Posted

I requested it to be delivered the next day as I had been called into work and this.

 

Has been confirmed when I call DPD they say I requested it to be re delivered the next day and the driver has made a mistake

 

3 times I've called and everytime they say they can see it, I have an email confirming delivery the next day and also on the tracking activity it would be delivered the next day

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dx100uk

dx100uk

Posted
Posted

and bankfodders remaining question please?

 

 

  • I agree 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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BankFodder

BankFodder

Posted
Posted

It would also be very useful to know what the item was and what it's value was

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BankFodder

BankFodder

Posted
Posted

You haven't addressed the question that I put asking how did you pay. This is some reason for this?

It will make things very much easier if you could deal with the questions which are put instead of us having to go back repeatedly and ask for answers.
If you prefer not to answer then maybe you could simply at least tell us

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GS91

GS91

Posted
  • Author
Posted

It is on finance from creation, and yes I had requested to be delivered next day not to be left in a safe place, if I had requested next day why would it be left in a safe place as I am requesting next day

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BankFodder

BankFodder

Posted
Posted

I don't understand the arrangement with Creation. Is this on hire purchase? Or is it a loan? If you aren't sure then please check the agreement

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BankFodder

BankFodder

Posted
Posted

I wonder if that means that it is hire purchase. It sounds like it but we would need you to read the agreement.

Did you pay any of it at all using a debit card or credit card? A deposit?

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GS91

GS91

Posted
  • Author
Posted

It's on my debit card but I can pay it off within 12 months and won't pay any interest on it anything after 12 months I would have to pay interest.  Its known as flexible credit can see anything with HP on it

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BankFodder

BankFodder

Posted
Posted

I don't quite understand the arrangement but I understand from what you say is that the whole thing is to be charged against your debit card and some of the money has already been taken – is that correct?

 

Who issued the debit card?

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GS91

GS91

Posted
  • Author
Posted

No it's a buy now pay later plan that's starts taking payments 12 months later. But if you pay it up before the 12 months you only pay the item price with no interest any monies to be paid after the 12 months period would incur interest charges. So after 12 months it will be taken each month for 12 months by direct debit the 1/12 of the item plus interest charges of 24.9%

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BankFodder

BankFodder

Posted
Posted

I'm trying to find out what money has been paid so far and by what means. The reason is that if money has been paid using your debit card or credit card – but especially debit card, then you might want to begin the chargeback process of complaining to the card issuer and obliging them to refund your money.

As far as I can see, the problem here is with Currys. Of course DPD is in the frame as well but it would probably be easier to begin against Currys who have a legal responsibility to ensure that a delivery has taken place.

If you have evidence of your instructions then that is pretty well all you need although don't imagine it will be straightforward because you will have to threaten and then to begin a court action against whoever you decide to go against – DPD or Currys.

If on the other hand I can manage to find out from you – and it is proving to be difficult – whether you have paid money to your debit card then we might suggest that you begin the chargeback process.

That would also have the effect of concentrating Currys mind enormously on the problem because at the moment they are simply trying to deflect you over to DPD. And of course DPD will try to deflect you back to Currys. It's piggy in the middle – and you are Piggy.

So what I'm trying to find out is has any money been paid? Has it been paid using a debit card? Or are you telling me that you have got the thing for free of charge and you don't have to start paying anything until the expiry of 12 months but before if you want to avoid interest?

That seems to be what you are saying here I find a bit amazing.

Make no mistake, you will have to threaten a legal action against someone and of course we will help you but it would be very useful to understand the whole story properly

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BankFodder

BankFodder

Posted
Posted

Okay well I would suggest that you proceed against Currys.

Curries are extremely poor when it comes to customer service – and they also get very stupid about remedying problems and they tend to grind their heels in rather than think about helping the customer and enhancing their own reputation.

So we need to assemble evidence.
Please can you say again what evidence you have as to the instructions you gave for the delivery.
Also I think should send an SAR to DPD. You have to send them some form of identity evidence such as a utilities bill. If you have a look at their website may be to have some kind of form to fill in. Strictly speaking this is not legally necessary but rather than get involved in a dispute about this, you may as well follow their requirements in order to get it sorted out quickly. It will take 30 days anyway.

I'm very sorry but don't expect this to be quick.

Can you tell us about the evidence you have please

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GS91

GS91

Posted
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Posted

The evidence I have is that I requested at 10:51 item to be redelivered the next day as I had been called into work for 12:00, I have conformation of this on the DPD app and also an email confirming it would be delivered to my local pick up point at the USAVE store.

Scan 13 Apr 23 09·21·48.pdf

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BankFodder

BankFodder

Posted
Posted

Has I look at the proposed letter below. See if it is correct. If there is anything you want to add and anything you want to take away.

 

Quote

Dear sir/madam

 

Reference. XXX

 

 

On xxx date by. Purchased a XXX from you for £xxx.

You appointed DPD to make the delivery.

Your delivery agents failed to follow my instructions correctly with the result that the XXX which I purchased from you was left in a place from Which it appears to have been stolen.

I have evidence that DPD did receive my instruction and that they did not follow them.

I am enclosing a copy of this evidence with this letter.

 

I require that either you provide me with the item which you have sold me or else give me full reimbursement within 14 days.

 

If I do not receive one of these within the 14-day limit than I will begin a county court action against you to recover my money plus interest and without any for the notice.

Yours faithfully

 

 

Please do understand that if you send this letter that it is not a bluff.

Currys will not pay you back your money without the claim papers being issued.

 

Don't imagine that they will simply respond to your threat and comply with your requirements.

 

They won't

 

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BankFodder

BankFodder

Posted
Posted

If you are happy with the letter or if you want to change it, could you please then post here the final version that you are going to send off .

The absolutely certain that you are prepared to issue the claim on day 15. As I have already said, it is not a bluff.  If you don't issue the claim then you will lose credibility. Make sure that you know what is involved in bringing a small claim in the county court. 

We have lots of guidance here

 

 

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GS91

GS91

Posted
  • Author
Posted

Dear sir/madam

 

Reference. CUR2335057087

 

 

On the 7th of April 2023 (07/04/2023). I Purchased a Shark Vacuum cleaner from you for £299

You appointed DPD to make the delivery.

Your delivery agents failed to follow my instructions correctly with the result that the SHARK Vacuum cleaner which I purchased from you was left in a place from Which it appears to have been stolen.

I have evidence that DPD did receive my instruction and that they did not follow them.

I am enclosing a copy of this evidence with this letter.

 

I require that either you provide me with the item which you have sold me or else give me full reimbursement within 14 days.

 

If I do not receive one of these within the 14-day limit than I will begin a county court action against you to recover my money plus interest and without any for the notice.

Yours faithfully,

 

Gary Scott.

Scan 13 Apr 23 09·21·48.pdf

So with that evidence I have sent over surely its black and white that I am not to blame and it is indeed currys

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BankFodder

BankFodder

Posted
Posted

Correction

 

Without any further notice

 

 

 

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GS91

GS91

Posted
  • Author
Posted (edited)

Dear sir/madam

 

Reference. .......

 

 

On the 7th of April 2023 (07/04/2023). I Purchased a Shark Vacuum cleaner from you for £299

You appointed DPD to make the delivery.

Your delivery agents failed to follow my instructions correctly with the result that the SHARK Vacuum cleaner which I purchased from you was left in a place from Which it appears to have been stolen.

I have evidence that DPD did receive my instruction and that they did not follow them.

I am enclosing a copy of this evidence with this letter.

 

I require that either you provide me with the item which you have sold me or else give me full reimbursement within 14 days.

 

If I do not receive one of these within the 14-day limit than I will begin a county court action against you to recover my money plus interest and without further

notice.

 

Yours faithfully,

 

Xxxxxsx

Edited by dx100uk
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