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    • Back in September my husband was at home with our 2 year old son and 5 months old puppy when suddenly a DPD driver walked into our property.  We live on a main road and the front door was wide open while he tried to take a picture of the goods inside.  My husband was shocked and furious which is understandable as open doors, main roads, puppies and toddlers don’t mix.  At the time we had a man in servicing the boiler so the front door was not locked.   My husband shouted at the guy to get out and the rude driver persisted with his attempted to picture  the package in the hallway even calling my husband “white boy” and telling him to shut up.  My husband ushered him out of the house and shut the door.  He immediately called the local DPD depot and raised a complaint to be told that someone would call him back.  This call never came.  We did not pursue this as no harm had to come anyone and DPD were obviously not interested.   Fast forward a few months and I was expecting a coin from the Royal Mint for the value of around £750.  The tracking on the delivery of this stated that coin had been delivered, then it said it had been delivered to number 2 (we are number 18).  Calling over and over again I was never supported by DPD as to where my package was.  The Royal Mint was informed it was delivered and I was invoiced £750 for the coin.  Try as I might to have this invoice removed from my name they would not budge as DPD said it was delivered.  It nearly got to court proceedings before the coin eventually landed back at the Royal Mint.  After that debacle I was frustrated, rejected another coin being sent and left it at that.   Again we move forward a few months and I am now expecting some gardening tools to be delivered that ordered from Amazon.  I had no details of the delivery but then I get an email from the seller advising me the items are on their way to them and I will get a refund.  I check the tracking information and once again DPD have returned the items. I thought this was odd but calling through to DPD offered no input as to why and they just told me to order them again.   A week later I take out a new contract with Sky for a mobile phone and on the morning I am due to get the delivery from DPD the goods are sent straight back to sky.  I was so puzzled at this point so I call DPD and ask them why. They inform me that there is no name on the parcel and due to the value of the goods there has to be a name.  I literally spend all day on the phone to sky speaking to various departments trying to get a new phone but they all inform me that I have to have a new order which means a new credit check.   I hate this idea because one credit check knocks your score by hundreds of points and takes months to build back up.  In the end they say they can send a new phone and to my relief they dispatch that night.   The next morning I wake to a message to say the phone had been shipped but was rejected by DPD and sent back to Sky.  I called DPD and was told they can’t tell me why and I must speak to sky.  I speak to sky and they tell me I have to speak to DPD.  My frustration is working overtime at this point and I have nowhere to go.   I remember I have a contact through work of someone at DPD who was trying to get my company to use DPD’s services.  She was incredibly helpful and confirms that my property has been blacklisted because the driver feels unsafe!!!  He feels unsafe!!!  He was the one who entered my home yet he feels unsafe???  My contact passes on my details to the exec helpdesk who proceeds to tell me that they are very sorry that all of this happened, they have retrained the driver however they will not remove the ban on deliveries to my property.  I ask why I cannot collect from a local drop box or shop but am informed they do not offer this service (although this is a service they promote as it saves the environment).  They say my complaint was called back but we didn’t answer however this is not correct as no call was ever received.    To make matters comical is that the same driver deliveries to my husbands place of work and he collects/delivers regularly.  He doesn’t even recognise him let alone feel threatened by him.  The exec helpdesk have said sorry for their lack of transparency on the blacklist of the address and for the bogus reasons for rejecting my parcels.  They have said sorry for not following up the call more than once and they have said sorry that delivering to drop boxes and shops is not something which they do.   They seem to be very sorry for a lot of things but it does not help me fix this issue and it impacts any further online shopping as I must now always establish who the courier is before placing orders….which is quite a difficult thing to do!   Where do I stand with this because I still don’t know what the driver is even saying happened as nobody will divulge this.  They seems to have closed ranks and are taking the drivers word as gospel over the version of events which we are not able to defend.   The lies they have told so far to me and their customers (Amazon, Royal Mint, Sky) about the bogus return reasons shows they are not a truthful company. Back in September my husband was at home with our 2 year old son and 5 months old puppy when suddenly a DPD driver walked into our property.  We live on a main road and the front door was wide open while he tried to take a picture of the goods inside.  My husband was shocked and furious which is understandable as open doors, main roads, puppies and toddlers don’t mix.  At the time we had a man in servicing the boiler so the front door was not locked.   My husband shouted at the guy to get out and the rude driver persisted with his attempted to picture  the package in the hallway even calling my husband “white boy” and telling him to shut up.  My husband ushered him out of the house and shut the door.  He immediately called the local DPD depot and raised a complaint to be told that someone would call him back.  This call never came.  We did not pursue this as no harm had to come anyone and DPD were obviously not interested.   Fast forward a few months and I was expecting a coin from the Royal Mint for the value of around £750.  The tracking on the delivery of this stated that coin had been delivered, then it said it had been delivered to number 2 (we are number 18).  Calling over and over again I was never supported by DPD as to where my package was.  The Royal Mint was informed it was delivered and I was invoiced £750 for the coin.  Try as I might to have this invoice removed from my name they would not budge as DPD said it was delivered.  It nearly got to court proceedings before the coin eventually landed back at the Royal Mint.  After that debacle I was frustrated, rejected another coin being sent and left it at that.   Again we move forward a few months and I am now expecting some gardening tools to be delivered that ordered from Amazon.  I had no details of the delivery but then I get an email from the seller advising me the items are on their way to them and I will get a refund.  I check the tracking information and once again DPD have returned the items. I thought this was odd but calling through to DPD offered no input as to why and they just told me to order them again.   A week later I take out a new contract with Sky for a mobile phone and on the morning I am due to get the delivery from DPD the goods are sent straight back to sky.  I was so puzzled at this point so I call DPD and ask them why. They inform me that there is no name on the parcel and due to the value of the goods there has to be a name.  I literally spend all day on the phone to sky speaking to various departments trying to get a new phone but they all inform me that I have to have a new order which means a new credit check.   I hate this idea because one credit check knocks your score by hundreds of points and takes months to build back up.  In the end they say they can send a new phone and to my relief they dispatch that night.   The next morning I wake to a message to say the phone had been shipped but was rejected by DPD and sent back to Sky.  I called DPD and was told they can’t tell me why and I must speak to sky.  I speak to sky and they tell me I have to speak to DPD.  My frustration is working overtime at this point and I have nowhere to go.   I remember I have a contact through work of someone at DPD who was trying to get my company to use DPD’s services.  She was incredibly helpful and confirms that my property has been blacklisted because the driver feels unsafe!!!  He feels unsafe!!!  He was the one who entered my home yet he feels unsafe???  My contact passes on my details to the exec helpdesk who proceeds to tell me that they are very sorry that all of this happened, they have retrained the driver however they will not remove the ban on deliveries to my property.  I ask why I cannot collect from a local drop box or shop but am informed they do not offer this service (although this is a service they promote as it saves the environment).  They say my complaint was called back but we didn’t answer however this is not correct as no call was ever received.    To make matters comical is that the same driver deliveries to my husbands place of work and he collects/delivers regularly.  He doesn’t even recognise him let alone feel threatened by him.  The exec helpdesk have said sorry for their lack of transparency on the blacklist of the address and for the bogus reasons for rejecting my parcels.  They have said sorry for not following up the call more than once and they have said sorry that delivering to drop boxes and shops is not something which they do.   They seem to be very sorry for a lot of things but it does not help me fix this issue and it impacts any further online shopping as I must now always establish who the courier is before placing orders….which is quite a difficult thing to do!   Where do I stand with this because I still don’t know what the driver is even saying happened as nobody will divulge this.  They seems to have closed ranks and are taking the drivers word as gospel over the version of events which we are not able to defend.   The lies they have told so far to me and their customers (Amazon, Royal Mint, Sky) about the bogus return reasons shows they are not a truthful company.   How are they able to blacklist and not tell anybody and lie to everyone involved as to why.   If anyone else needs to complain to DPD use the following email address: [email protected] 
    • Given they have presumably done this work for other properties, hopefully your complaint will now make them take you seriously and put you at the head of the queue.   If that fails and you do have to threaten or take legal action, given what you have - paper trail, promises by them to do the work at various dates, acceptance by them of their responsibility - I think you're in a great position.  You've gone the right way about this.   Let's do this.  Wait till Thursday.  Then come back here and if you've had no joy we can think about a Letter of Claim.  Legally there are various timescales which may or may not include giving them a final chance to complete the work before you do it yourself and sue them - I'm afraid I only have the vaguest knowledge of these but on Thursday we can "call in" Caggers who have years of experience with problems like yours.    Very good idea of yours to get quotes for how much it will cost to do the work.
    • Update of this Court Case  Good afternoon   I can confirm that the initial breach occurred on 28 October 2016, as outlined in the attached Witness Statement.   I have also attached all of the Witness Statements issued in relation to your case.   It is our position that your defence does not raise any grounds with reasonable prospect of successfully defending the Claim and there is no good reason why the matter should be disposed of at trial. As such we would be prepared to offer you an arrangement under a Tomlin Order for repayment of the outstanding balance at an affordable amount.   If you would like us to draft a Tomlin Order, please confirm your offer of repayment by return.     ****The court case is scheduled for July*** this does not seem correct in terms of dates to me with regards to initial breach?    I  have not signed any paperwork received a default and they have conceded they did not contact me for two years after the sale. Should I send them a CPR request now?    The court costs they have now added for themselves are over £1.5k and the original debt they say was £2.3K.     
    • Standard defence. Wait for the directions questionnaire and keep on doing the reading about insurance requirements and how unfair and unenforceable they are
    • Received defence letter today (attached) J7QZ30D9 DEFENCE.pdf
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Preparation Costs


sam78
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I agreed a settlement with the Abbey for my claim (sam78 v abbey WON) and I've requested costs. Below is the details of the story so far.

 

"The judge has ordered a small claims hearing for June 13th at 10.30. I have emailed my contact at Abbey to advise them of this - i think they are trying to use scare tactics on me to back out - what do you think? The emails are detailed below.

 

"Just to update you, I sent a request to the courts for preparation costs for this case, a copy was also sent to yourselves, which also advised that the claim had been settled.

 

I have been allocated a hearing for this of 13th June at 10.30am - the details of which should be in the post to you from the courts.

 

I would be grateful if you could confirm that someone will be attending the hearing if you dispute my claim for preparation costs.

 

Many thanks"

 

"Dear Ms Holmes,

 

Thank you for your email notifying Abbey of your plans to pursue your legal claim (7ZP00154) to a court hearing despite the Settlement Agreement reached on 20 April 2007.

 

As stipulated in my settlement email dated 20 April 2007, settlement was agreed in "full and final satisfaction" of your legal claim against Abbey. For you to agree to that settlement and accept payment and then later attempt to pursue your claim in order to receive further costs, puts you in breach of the agreement made.

 

Please be advised that should you wish the pursue this course of action, we will indeed instruct counsel, attend the hearing of 13 June 2007 and will in fact seek a costs order against you in this matter. We will seek to rely on the email correspondence of 20 April 2007 as evidence of our agreement and its terms therein.

 

I hope this clarifies our position"

 

"Thank you for your reply. I have agreed a settlement for the claim with you, though I am now proceeding to claim for the costs of preparation - this does not breech any agreement previously made with you. My letter to you and the courts dated 3rd May details that settlement was agreed between both parties, though I am quite within my rights to request that the judge sees fit to award me costs as per Civil Procedure Rules 27.14 (2)(g)

 

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

I believe that the Abbey has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing. A list of cases that were settled before a hearing was also enclosed - copies of which you should have also received.

 

The judge in this case obviously takes my claim for costs seriously enough to warrant a hearing."

The Abbey have since emailed back to say 'we will instruct counsel accordingly' - Has anyone any experience of this please?

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Hi Sam78,

 

I'm not 100% sure on this but at least this will move your thread back to the top of the pile & perhaps Gary H or someone else 'in the know' will be along shortly. I'd be really surprised if they send anyone to the hearing though...people on here have claimed thousands & Abbey have never gone into the court room so what's a few hundred pounds preparation costs?!...like you say scare tactics to get you to back down I think.

 

Did you follow the instructions in the following link?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

Will watch this one with interest. Good luck.

 

Villafan

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Thanks for that. The link is where I got the idea from so followed all the details and amended the letters. Let's hope the Abbey do a 'no show'.

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I'm sure they won't show - the link suggests you apply for it once Abbey have agreed to settle which is what's happened in your case. I'm sure someone will be along soon with a more in depth response.

 

If not just 'bump' your thread again.

 

VF

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Hi sam,

 

this isn't an in-depth response, more an opinion that this sounds like typical abbey bully tactics so I would call their bluff as per the link, which was posted by BF, so has to be 100% reliable

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

Well I've not heard anything from the Abbey since the emails from my previous posts so I'll have to presume they will be appearing in court on Wednesday morning. I've got all my documents together and I even intend to take the copies along so the Judge gets an idea of the work I've put in and how much time has been spent using the photocopier! I'm also taking the email from Louise at the Abbey which states they have a separate ac**** with their lawyers 'for this type of claim'. Wish me luck & I'll post an update at some point on Wednesday.

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The Abbey knocked money off an agreement they made to me for preperation of bundle/administrtaion bundle and this was backed up in a letter with a breakdown of the amounts and what they were for. They did this because the realised they have not paid all the charges they owe me. so wothout changing their charges they tried to reduce that amount. We are going to court as soon as a date is arranged as the abbey have not paid all my charges and i applied for contractual interest. Therefore I will be making sure the judge knows about their breach.

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I only had an email confirmation abou the money they were giving me but I'm going forward with prep costs as I know that they had no intentions at all of bringing the case to court. They have wasted mine, the courts and many other peoples time - if they paid up in the first place it would never have got this far!

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I thought as much. I've nothing to lose really. I'm looking forward to having a conclusion to this and hopefully I'll be able to set a precedent for others to go ahead and claim costs and not feel intimidated by the banks.

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Well, I have now been to court. On my arrival I was told that the defendant had a barrister representing them, not that I was too bothered by that.

The barrister came over, introduced himself and gave me some photocopied pages from a text book about 'the effects of compromise' which I read whilst waiting to see the Judge.

We were eventually taken through to a room to see the Judge and he asked me tostate my case so I basically said that I believed the Abbey had behaved unreasonably by not dealing with my claim sooner rather than it having to go to court. The Judge asked the Barrister for the Abbey for their case which was that I had agreed a full settlement which had included costs for preparation time.

The Judge was very fair and stated that the Abbey were not unreasonable for not defending sooner and that it is not unreasonable for a defendant to enter a defence and then offerrng settlement before a hearing. Although the Judge also understands that the banks will settle before a hearing so that they avoid having to disclose details relating to their charges.

The Judge advised that as I had already had my offer increased to include preparation costs that I culd not request them again.

The Barrister for the Abbey requested that their costs were considered, which the Judge said was unreasonable.

The case was dismissed.

At least this has now been sorted fully.

My advice is that once you begin to reach a settlement that you request preparation costs at this point and incorporate them into your settlement figure.

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  • 1 month later...

wow ive just read your post so did u get your money back?

i am waiting now abbey have untill 17th august to reach a settlement from abbey inwhich i am not sure of the next stage maybe a cout date?

not sure

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