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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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      DPD parcel stolen

      By purple_rain · Posted

      Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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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.

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      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.

Moneyclaim

gloscat
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gloscat

gloscat

Posted
Posted

Sent letter via email requesting details of charges and interventions on my 2 accounts and my husbands account, using the template.

I have received a response but only the details of my accounts not my husbands. My charges total £1020.00. Do i trust the list of charges sent or should i request full statements? Would like advice on what to do next.

 

Many thanks

 

Melissa

 

 

They have responded:

 

Thankyou for your recent telephone request for information on the bank accounts you hold with us.

 

In your letter you requested statements for the accounts you hold with us. Whilst i acknowledge it is your right to request this information. I would point out that there is normally a fee of £5.00 per account, per request. However i assume that you require a list of all charges that you have incurred, therefore i have enclosed this information for you free of charge. I trust this meets with your satisfaction.

 

I understand that you would also like to receive information about staff members who have had to manually intervene on you account. Please understand that we are under no statutory obligation to record the information you require and thus are unable to complaint with your request.

 

You recently received a copy of our leaflet explaining our complaints procedures. Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the financial ombudsman service for help. If i don't hear from you in the next eight weeks i will assume you are happy.

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rivendale0506

rivendale0506

Posted
Posted

I would imagine that Bankfodder/Dave might like a scan of this response from the bank. I am sure under the DPA they are obliged to record details of manual interventions if there are any... and if they are not obliged to record them how can they prove that they have to make them??!! Chicken and Egg situation? or another tactic by the bank to wriggle out of the argument that the charges take into account the manual interventions required by their staff.

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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BankFodder

BankFodder

Posted
Posted

They have responded:

 

Thankyou for your recent telephone request for information on the bank accounts you hold with us.

 

In your letter you requested statements for the accounts you hold with us. Whilst i acknowledge it is your right to request this information. I would point out that there is normally a fee of £5.00 per account, per request. However i assume that you require a list of all charges that you have incurred, therefore i have enclosed this information for you free of charge. I trust this meets with your satisfaction.

 

I understand that you would also like to receive information about staff members who have had to manually intervene on you account. Please understand that we are under no statutory obligation to record the information you require and thus are unable to complaint with your request.

 

You recently received a copy of our leaflet explaining our complaints procedures. Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the financial ombudsman service for help. If i don't hear from you in the next eight weeks i will assume you are happy.

 

yes, could we have a scan of this letter please. If they don't keep the information for you then they can't keep it for themselves which means they wouldn't be able to rely on it later.

 

Could you scan it to [email protected]

thanks

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Bookworm

Bookworm

Posted
Posted
However i assume that you require a list of all charges that you have incurred,

 

The penny has dropped!:D

 

 

I understand that you would also like to receive information about staff members who have had to manually intervene on you account. Please understand that we are under no statutory obligation to record the information you require and thus are unable to complaint with your request.

 

In other words, they can't use the manual intervention angle to justify their charges. Cool.

Did they actually say "complaint" instead of "comply" or was that your typo?

 

If i don't hear from you in the next eight weeks i will assume you are happy.

 

What kind of a business letter is that? Do they have the work experience kids writing the letters now?

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gloscat

gloscat

Posted
  • Author
Posted

Thanks for responding. Yes they did use 'complaint' which confused me i had to read it several times. It must be an error. I am not impressed with the letter as it is not professional at all. I have scanned the letter to Bankfodder as suggested and requested.

What do i do next? Do i write requesting a refund plus interest? I also need to ask again for the details of my husbands account. I requested this at the same time but it was not sent.

What do i do with regard to the manual interventions issue?

Many Thanks

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mas101

mas101

Posted
Posted
Do i write requesting a refund plus interest? I also need to ask again for the details of my husbands account. I requested this at the same time but it was not sent.

Many Thanks

 

 

You can only claim debit interest if the charges have directly resulted in overdraft interest being occured. This is something you unfortunately have to work out for yourself. You can claim 8% interest using the spreadsheet in the library if it gets as far as court.

 

WRT details of your husbands account, who requested the DPA? If it was yourself, and you dont have authority on the account you will need to re-submit a new request. If you do have authority or it was your husband that made the request, then write to them and tell them that the clock is still ticking.

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gloscat

gloscat

Posted
  • Author
Posted

I have not received a reply to my preliminary request for repayment of charges totalling £1020.00. I telephoned the halifax customer relations today to establish if they had sent a response. I was told by them that they had in fact eight weeks to relpy. I stated it was 14 day as indicated my previous letter. I informed her that i was not prepared to debate this and that i would be moving to the next stage of reclaiming my money.

I have used the template 'letter before action' giving them 14 days to pay up, which i will post tommorow.

Just need reassurance i am following procedure.

I am going to look at preparing for court action now as it looks like it might be heading that way. I will not start action until the 14 days are up.

As my charges relate to unpaid direct debits and cheques can i claim interest? Or do i just claim the total for charges and court fees? Is it OK to use microsoft spreadsheet to calculate charges to present to the courts?

Sorry to be a pain but i want to be clear about it before starting action.

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Dowie

Dowie

Posted
Posted
I have not received a reply to my preliminary request for repayment of charges totalling £1020.00. I telephoned the halifax customer relations today to establish if they had sent a response. I was told by them that they had in fact eight weeks to relpy. I stated it was 14 day as indicated my previous letter. I informed her that i was not prepared to debate this and that i would be moving to the next stage of reclaiming my money.

I have used the template 'letter before action' giving them 14 days to pay up, which i will post tommorow.

Just need reassurance i am following procedure.

I am going to look at preparing for court action now as it looks like it might be heading that way. I will not start action until the 14 days are up.

As my charges relate to unpaid direct debits and cheques can i claim interest? Or do i just claim the total for charges and court fees? Is it OK to use microsoft spreadsheet to calculate charges to present to the courts?

Sorry to be a pain but i want to be clear about it before starting action.

 

Like many people have said on here, go by YOUR timetable! Don't let them put you off in any way.

 

Whilst you are waiting for the next 14 days to pass, have a good read through all the forums and posts, and I'm sure you'll be positive then of all the steps you need to take.

 

Good luck with it :)

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gloscat

gloscat

Posted
  • Author
Posted

Was just looking at preparing for court. How do i calculate the interest? Do i take each charge at 8% each year since it was applied to my account? Or, do i just add 8% onto the total of all the charges?? I am confused and haven't a clue how to use the spreadsheet. Not used one for years. Are there any simple instructions anywhere?

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gloscat

gloscat

Posted
  • Author
Posted

Just received a letter offering me £130.00 of the £1020.00, with the standard response. I'm not going to accept it. I have already sent the letter before action and think the letters crossed over. They sent there response the day of the deadline and i sent the letter before action the same time. Do i ignore there offer, not respond to this letter and wait to see the response to the LBA?

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jonni2bad

jonni2bad

Posted
Posted

You have nothing to worry about... The fact that they have not offered you the full amount means that a Court would not consider your actions to have been unreasonable.

  • Confused 1

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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gloscat

gloscat

Posted
  • Author
Posted

Sent LBA which is due to end 27th of April. I want to get ready for filing my claim as it looks like Halifax are not going to pay up. They offered me £130.00 of the £1020.00 charges.

Haven't a clue what i am doing and cannot seem to be able to open the spread sheets on this site. I have microsoft works spreadseet and not sure how to use it.

How do i get the thing to add up charges and calculate interest???

Do i calculate interest at 8% of the total charges or do i take each charge and calculate 8% per year from the date of the charge. Can i calculate it with calculator, pen and paper. If so would this be a headache and how do i do it?

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scotia

scotia

Posted
Posted

i just submitted my claim yesterday, and the clerk at the court told me to put the claim as follows:

 

The pursuer claims from the Defender the sum of £xx.00 with interest on that sum at the rate of 8% annually from the date of service (together with the expenses of bringing the action)

 

She told me not to show calculations for the 8% as this is done by the court upon succesful claim......

 

My schedule of amounts just show the date, type of charge, and amount of charge....

 

If you read up there is an alternative to excel, which you can use for the spreadsheet

IF YOU FEEL I HAVE HELPED YOU IN REPLYING TO YOUR POST, CAN YOU CLICK ON THE SCALES AND LET ME KNOW

 

Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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dave

dave

Posted
Posted

Here:

 

http://www.consumeractiongroup.co.uk/chargeinterest.php

 

or

 

Here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2004

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

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Spiceskull

Spiceskull

Posted
Posted
Sent LBA which is due to end 27th of April. I want to get ready for filing my claim as it looks like Halifax are not going to pay up. They offered me £130.00 of the £1020.00 charges.

Haven't a clue what i am doing and cannot seem to be able to open the spread sheets on this site. I have microsoft works spreadseet and not sure how to use it.

How do i get the thing to add up charges and calculate interest???

Do i calculate interest at 8% of the total charges or do i take each charge and calculate 8% per year from the date of the charge. Can i calculate it with calculator, pen and paper. If so would this be a headache and how do i do it?

If you want to PM me with an email address, I will email you a working version of the spreadsheet you can use in Open Office: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=2004

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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dave

dave

Posted
Posted

I need to work on a delete button for each entry yet though.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

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Spiceskull

Spiceskull

Posted
Posted
I need to work on a delete button for each entry yet though.

When I looked just now there was already a delete button...

However, a 'Print' and/or 'Export To CSV/Text' button would be a great idea...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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dave

dave

Posted
Posted

Yes, it's there (I forgot to remove it), but it's not working quite right yet.

 

Export to CSV - yes, I will do that next.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

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gloscat

gloscat

Posted
  • Author
Posted

How do i fit everything in? Have looked at guidance notes but finding it impossible to list particulars of the case as well as list of charges, dates and interst etc. Can i assume the courts will calculate intersest as long as i state i am claiming it? Do i have to list the charges or can i state an amount. If i have to list charges then i think i'll have to use the PDF form and post it. There is no way it can be fitted in to that small area.

 

 

Merged threads, please keep to the same one.

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