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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11661
Experience:  Senior Associate Solicitor
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I sent a parcel via DPD which never arrived. I opened a

Customer Question

I sent a parcel via DPD which never arrived. I opened a complaint with them for which they eventually asked for extra information, including an e-mail from the recipient to confirm the parcel did not arrive. I did not communicate with the recipient by e-mail, but by Messanger and I sent a complete copy of our communication to DPD documenting this. They also requested proof of collection which i did not receive from their courier, which I explained over and over again. I provided all other info they requested. They have concluded that I did not provide enough information, but I have have provided all relevant information I could. I even asked the recipient to write an e-mail confirming she did not receive the parcel. The value was £50.
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: I complained to DPD when the parcel failed to arrive and refunded the recipient for loss of their items.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not that I can think of.
Submitted: 14 days ago.
Category: Law
Expert:  JimLawyer replied 14 days ago.

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. Under the Consumer Rights Act 2015 you have a right to expect a service from the courier carried out with reasonable care and skill. If not then you can claim the price you paid for the service on top of the value of the lost item.

I would recommend that you send DPD a formal letter before action to demand payment within 30 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation. Their address: DPD (UK) Limited, PO BOX 6979 Roebuck Lane, Smethwick, West Midlands, B66 1BN
You may also want to threaten a report to Trading Standards (who can be contacted on 0808(###) ###-####.

You will need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim. If a hearing is required then there is a fee for this too - see page 7 of the previous link for details. Again, that fee is recoverable if you win.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you are eligible, let me know as you cannot use the online money claims site – you have to use the paper method, which is an N1 claim form sent to the County Court Money Claims Centre (I have a copy, let me know if you would like one).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs if they still didn't pay despite the court order to do so.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps and answers the question - please feel free to ask me anything else.

Have a good day,
Jim

Expert:  JimLawyer replied 14 days ago.

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim