DPD lost +£1300 parcel - issued court claim using Torts (Interference with Goods) Act 1977 **WON**'

[Max Powell]

Hi guys,

I brought a mobile phone contract from iD Mobile with next day delivery by DPD (Dynamic Parcel Distribution).

After I made the online order I changed my mind and contacted iD Mobile's webchat to find out the best way to cancel the contract. The advisor suggested that I refused delivery to speed up the return process. Looking back, this was bad advice as I should have accepted the package and then started a return request... Hindsight is a great thing!

The next day I told the DPD delivery driver (Hamad at DPD in Enfield) that I was refusing delivery and that he should return the phone to his depot.

He then proceeded to take a photo of the package in my doorway and took it away. At the time of thought nothing of it but later on I found out that wasn't the correct procedure for refusing delivery. He shouldn't have taken a photo.. Needless to say, the package mysteriously went missing without a trace!

This was the start of a 10 month battle between iD Mobile, DPD and myself as iD Mobile were demanding £900 plus the 24 months line (£41.02 per month), total: £1,884.48 to have the contract cancelled.

After the incident I recorded every conversation I had with iD Mobile and DPD, and in one of the calls with a DPD customer services advisor, she admitted that the delivery driver incorrectly marked the package as delivered. Strangely, after this call, this information was changed on DPD records. Their notes didn't mention anything about the advisor admitting that the delivery driver incorrectly marked it as delivered... They should be ashamed of themselves!

Ultimately, the recording I made was the proof I needed to beat DPD in court and receive a £1360 payout.

The main reason why I'm posting this message is to highlight a law called 'Torts (Interference with Goods) Act 1977' which means even if you do not have a contract with the delivery company, you can still sue them if the package goes missing or is damaged and they refuse to take responsibility for it. Also, record every conversation you have with every party.

If this information helps just one person, I'm pleased I posted it!

Edited August 16, 2023 by Max Powell

[BankFodder]

Congratulations. Well done.

Thanks also for the story which is very interesting.

Your approach to the case is unusual but is also great information for us because it adds extra strings to our bow.

Have they paid up yet?

Also, we would like to get a transcript of the judgement.

If you are prepared to help us then it would be great if you would find a form EX107, download it and complete it. Choose the transcription agency as your preferred transcription service.

We will reimburse you the cost of it which will probably be only about 60 or 70 quid.

If you can't afford the money up front then when they let you know what the cost will be, we will pay it up front for you

 

 

 

[Max Powell]

@BankFodderThanks!

The court case was yesterday so I haven't received the payment yet. DPD have 14 days to make the payment.

Yes, I'll look into getting the transcript for you.