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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61303
Experience:  Qualified Solicitor
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I have an issue with DHL, The issue that I have experienced

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I have an issue with DHL
JA: Where are you? It matters because laws vary by location.
Customer: The issue that I have experienced was: 2 pallets were collect from our warehouse in Norfolk. Each pallet had 45 cartons of snacks. They were delivered to LMI in Belfast. However, upon arrival only 8 boxes were left on each of the pallets. This was a short fall of 37 cartons on each pallet.It occurred on: 22/07/2019 - Parcel reference number(###) ###-####JA: What steps have you taken so far?
Customer: DHL have admitted liability but have refused to accept the claim as they say I am out of the the 30 day time frame This issue only recently came to my attention. It took time to do a stock reconciliation in our warehouse and also request the client to also do a reconciliation. we have paper work to accept out claim. How can I get my claim acknowledged from them.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Hello Jo. I have made a complaint through resolve. I have sent emails to the Director of the company but now wondering where to go next with it.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

When exactly did you become aware of the shortfall?

Customer: replied 16 days ago.
Hello Ben, I found out about it about a month ago when the client advised me there was a shortfall on the previous delivery. I immediately asked the warehouse to look into this and also the client. Then I went to DHL with my complaint

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 16 days ago.
No I would rather not call at the moment and prefer to discuss by message

Many thanks for your patience. You cannot force them to acknowledge your claim unfortunately and they can stick to their terms. Be aware that companies can limit their liability for any losses or damage and introduce specific time limits for claiming, after which they no longer have any liability. Even if they were originally at fault, if this limitation of liability was in the terms and you accepted them before you agreed to use their services, you would be bound by them as well.

 

If you still want to take it further, your only option is to consider making a claim in the Small Claims Court for the losses and seek compensation for these.

 

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

 

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

 

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 15 days ago.
Hello Ben, Thank you you have been such a help. I will follow your instructions and advise. I am initially writing an invoice and have already complained but will also add this. it is a few thousand pounds so needs to be addressed. Many Thanks for your support. Kind Regards Michelle

All the best

Customer: replied 14 days ago.
Thank you for your guidance.

Most welcome

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