Ebay sale of Canon 1DX camera £736 - DPD delivery to wrong address . PAPLOC. Claimform issued.

[whitelist]

The contract must belong to the delivery operator you paid for service?

 

 

Edited March 21, 2023 by whitelist

[whitelist]

The contract must belong to the delivery operator you paid for service?

It is whoever you paid that has the contract

But wait for more replies as this is a sore subject with delivery companies

[whitelist]

Looking at this issue objectively, and in my opinion,

You used the service of Packlink to facilitate the delivery of a parcel that gave you the option to use different couriers. Your choice was DPD.

You then paid Packlink, not DPD direct for this service. Who told you to go to a DPD collection point where you got an invoice, etc?

If that is correct, then Packlink will be who you go after, not DPD

But as stated previously, best read up on this and burn the midnight oil

[whitelist]

Might I ask why you believe my comment to be in error?

Basic contract law stipulates it is who you make payment (Consideration) is who you have the contract with.

The OP has stated his dealings are with Packlink, not DPD who is not party to the contract as a third party. (Privity )

[whitelist]

Might I suggest deleting your links and remove your name and claim number?

[whitelist]

The Contracts (Rights of Third Parties) Act 1999 has been mentioned

1 Right of third party to enforce contractual term.

(1) Subject to the provisions of this Act, a person who is not a party to a contract (a “third party”) may in his own right enforce a term of the contract if—

(a) the contract expressly provides that he may,

 

This is in the DPD Contract

23. THIRD PARTY RIGHTS

The Contract does not give rise to any rights, under the Contracts (Rights of Third Parties) Act 1999 or otherwise, for any third party to enforce any term of the Contract.

Something to consider and research before relying on that clause in any defence to a counter claim

Sorry, but you have been highly selective and you have missed out important aspects of the act in relation to the range of people who can benefit from third party rights .

Maybe you didn't bother to read any further.

I sent you a private note saying that your posts were often unhelpful to people .

I am saying it publicly that this is poor quality advice and it is unhelpful and discourages people unnecessarily.