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

[StoneCross]

Thank you for the direction. And apologies for being a little slow!

[StoneCross]

The DQ has arrived with a required return date of the 11th April.

[BankFodder]

Okay, fill in as best you can and ask us any questions here.

Of course one of the big issues for you is as to whether you want to go to mediation or whether you prefer to go directly to trial.

In the past we have been saying that people should go to mediation but recently we have suggested that people avoid mediation and go straight to trial in order to test the third party rights issue.

If you have a look at a few of the stories on this sub- forum you will see that the pros and cons have been discussed. Have a read and make your own decision and let us know what you want to do.

Once again, ask us questions – but after you have done the reading please

[StoneCross]

Apologies for the delay in coming back to you.

My intention is to agree to mediation. However if that is not successful then I will proceed to trial.

By successful I mean a settlement of the full claim.

Having read your most recent posts I will follow the line of thought that if dpd continue to indicate that Packlink are "the ones I should be claiming against" I will suggest that dpd join them to the action.

Is it sensible for me to send you my DQ form once completed before sending to the court etc?

[BankFodder]

No, we don't need to see it. If there are any particular questions that you are not certain about then post them here

[StoneCross]

Thank you. I will post here additional information as and when mediation occurs etc.

[StoneCross]

Four questions..... Where can I locate a list of alternative courts who could deal with this issue.

When returning the completed N180 in the box requiring a signature is it acceptable to simply type in my name or copy a facsimile signature.

Is it acceptable to return the completed form to Northampton CCBC (issuer of N180) electronically or must it go by post. If the former do you have an appropriate email address please.

Thank you

[BankFodder]

1. Not sure what you mean by alternative courts. You would normally choose your local court which is most convenient for you.
2. Yes. Type your name.
3. Are you dealing on paper here?
    

[Andyorch]

DQs to MCOL....check it because it may be out of date now.

 

ccbcaq@hmcts.gsi.gov.uk

 

Andy

[StoneCross]

Andy date for delivery of N180 is 11th April so no problem there.

BankFodder. I presume the court must be a County Court.

Northampton CCBC forwarded me the DQ by post...

[Andyorch]

You name your local county court or nearest for you you are the litigant so its always your choice not the claimant's.

[StoneCross]

Reply to DQ lodged by me with Court and DPD within time frame ie before 11th April.

Nothing registered on MCOL and I have not had a copy of DPD reply.

Is either of these two situations unusual please.

Thank you..

 

[StoneCross]

Any thoughts on my previous post?

I thought DPD had to send me a copy of their DQ response.

[Andyorch]

They should as its considered civil to exchange documents with normal defendants/claimants

[StoneCross]

Thank you and as a follow up about how long does it take for MCOL to acknowledge register/ receipt of the reply form?

[Andyorch]

Depends on any back log but you can check your dash board MCOL and see if DQ have been received.

[StoneCross]

As of today I have had a note indicating the claim has been transferred to CC Birmingham (127)

DPD filed their DQ on or around 19th May but they have not provided me with a copy so I dont know if they have agreed to arbitration or not. the following wording is in the letter received. 

'On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions, Details of the judges directions will be sent to you in a notice of allocation'

Does this indicate DPD have elected not to go to arbitration.

Your further advice would be welcome

[Andyorch]

You will never know unless ADR contact you or its mentioned in the Notice of Allocation. Come back once you have your N157 Notice of Allocation....that will give instruction's if mediation has been selected by both parties.

[StoneCross]

Thank you

[StoneCross]

DPD have now provided a copy of their DQ reply. They have stated they are not prepared to go to arbitration but are in agreement that the matter can be decided without the need for a hearing.

My understanding is that if matters proceed as above then the Court will make a decision based on the arguments put forward.

Am I correct that a favourable decision by the court would be beneficial to all those in a similar position to myself?

I presume in due course I will have to set out the reasoning for seeking to Claim against DPD in a standard format. Is that something you have notes on please.? 

[BankFodder]

Yes, a decision in your favour will be of enormous benefit to many people. Interesting that they are declining mediation. Can you remind me? Did you agree or decline mediation?

Have you got any deadlines for submitting documents et cetera?

[StoneCross]

I agreed to mediation ( arbitration... my slip up!). So maybe they are hoping I will withdraw or they are sure of their case.

I have had nothing as yet from CC Birmingham, DPD asked for referral to Bristol CC but Northampton have sent it to Birmingham.

[StoneCross]

I now received a notice from the court indicating that the matter will be heard before a Judge even though DPD seem to have agreed that a hearing wasn't needed.

I have attached pdf of the Court Notice.

Tomorrow ( Tuesday) I have a free day and intend to complete the information required by the Court.

So can you help on the following.

Where can I find an example of a completed bundle and or a blank proforma document?

Am I correct in thinking that items of evidence

ie Receipt from dpd on their receiving that parcel creating a Duty  Of Care.

Pictures showing correct delivery destination and actual location as provided by DPD delivery driver

Copies of email exchanges with intended recipient indication non arrival of parcel.

Should each be added as separate  Appendix Items each labelled/numbered for identification.

A summary page of all items indicating Items appearing on each page .

Is it sensible to follow the route of:

DPD having accepting the package from me at one of their designated collection points owned me a Duty Of Care and or in the alternative  are liable in negligence for non delivery under Third Party Rights Act.

All and any advice will be welcome.  

Many thanks 

 

N157.pdf

[dx100uk]

and what have you been doing in the last month.....???

you should have been HERE reading the 100's of like threads whereby a parcel courier has been taken to court

there is no WS temple but there are 100's of witness statements others have done 

 

dx

[StoneCross]

Unfortunately over the last month or so, I had not kept up with developments in other cases and had not refreshed my memory prior to my last email.

Having checked my files I now find I had downloaded documents/pdfs from your website that cover most elements of my last enquiry.

However  can you advise whether the question of a Duty of Care is relevant as referenced previously, and in my claim I stated  " All Rights under
Contracts (Third Party Rights) Act 1999 are relied upon by claimant."  This element was not commented on by the Defendants in their response. Is it relevant?

I will catch up with developments in other similar cases this evening and tomorrow morning. But and I correct in believing that no case(s) have yet been reported where the Courts have found in favour of the Claimant based on Third Party Rights?