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    • 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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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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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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kerrypotterV'sHSBC


Kerrypotter
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sending in the court bundle seems to work a treat!

so, if you are game - you can ask your judge for a draft order with a cover letter and if he agrees you will both have to submit court bundles but it brings everything to a much quicker conclusion if he grants it.

 

read about it on post one of the new - 28 day maybe no aq thread.

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Hiya Pete

 

No nothing yet, I received the letter saying that it was being transfered to Ilford County Court and that the AQ was being dispensed with and a form that tells you how to setlle out of court.

 

I rung the court to be on the safe side that I didn;t have to do anything and they said that no, the judge will write to me with the next move

 

And so far - not a dickey bird!

 

K

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Cor am reading all these posts this morning and lots of people are getting offers.......am very pleased for them - but it is also upsetting me that I have nothing yet and it's been months and months (excuse me throwing my toys out - probably cos it's monday too)

 

Anyway - have just called the court again and they have such a backlog and it has gone into the judge and I should hear by early next week, I am guessing with a court date......

 

What's next? Will have to spend today having a read and seeing what I have to do....am scared......

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a draft order sent to the judge and a letter to dg stating this could be helpfull but its upto the judge if the draft order stands if he agrees your case will jump up the queue a little and maybe settle earlier.

 

others can advise you on the pro's and con's of a draft order (i sent one with no reply as yet).

 

i recieved an offer on the day they defended but it was way low i think dg/hsbc are starting to settle more claims early so they dont have sucha back log

 

so i wouldnt worry about it just stick to your schedual you will get there in the end.

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Hi Kerry,

You will just have to wait and see what the Judge decides now, I know how you are feeling weve all been there!

He made decide a date, or may go with direction hearing if he does decide either of these you can then try to speed things up by asking him to consider the draft order which is forcing D&G and you to send your bundles in early, but proberbly wont have to as you should get an offer.

I had to wait around 2 weeks for the judge to decide how he was dealing with my case so I think you you are nearly there now!

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Ok - am excited. e-mail like this to Kate

 

Dear Kate,

Please find attached a copy of the draft directions that I have submitted to the court dealing with my case.

I know they will in due course inform you of this, but as a mater of courtesy I am informing you of my actions in advance. I have decided to submit the enclosed directions as a way of coming to a speedy conclusion to my claim. I am hoping you will acknowledge this as an attempt to resolve my claim without the need for a court hearing.

I am willing to stop all court proceedings relating to my claim number upon receipt of £2300.00 in full and final settlement of my claim.

The amount presently being claimed is 1786.00 in charges, £504.40 8% interest and court costs. Totalling £2410.40 to date of court action 13.04.2007, plus the daily rate of £0.049 until judgment

With a view to settling this as mentioned above, I would be willing to accept £2,300.

If you agree, could you arrange for this to be paid directly in my bank account held with your client HSBC Bank PLC within the next 14 days

I will not accept any form of negotiation via the above means, but purely for you to communicate your acceptance of my proposal.

I can be contacted on my email address above and also via telephone on 020 7 986 8974

With kindest regards,

Kerry Potter

 

what d'ya reckon? shall I also send it recorded delivery too?

 

 

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I know - initially it was so it happened quicker but it is taking just a bloody long anyway

 

I have just done it for my friend and he didn't even have to do the MCOL he got an offer.

 

Great for him - but Grrrrrrrrr.

 

Still - it makes you feel better when you're doing something eh?

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Also aswell - I made the error of letting Excel do the adding up and not checking it.....so a few of the letters were not totalled correctly although the main charges are always the same....

 

Oooh fingers crossed. Will be on here today helping too so it take my mind off it......

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i made that mistake too on my n1 form tho so the claim is £25.00 more on the n1 than on the schedules didnt realise until starting to nudge so just letting it ride they wont turn up anyway and if the judge asks i can explain the difference (as hsbc owe me £75.00 more than im asking for anyway) and if the judge would like i would pay the correction fee and adjust the claim to suit meaning hsbc would be paying me more money.

 

but leave it be for now wil get payed out before court anyway.:D

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