Need help filing a consumer complaint in the UK...

[DieBruine 397]

In the Netherlands there are organisations where you can file a complaint when there is a dispute and/ or lack of service. My issue lies with both DPD and FxTec. According to DPD NL I should contact FxTec and according to DPD UK, FxTec should take actions. We all know where this is going, and has been going for months now. Asking FxTec for help hasn't resulted in anything apart in a thank you for co-operating (WTF!?). So I tried filing a complaint with DPD UK. Here is where it gets 'funny'. DPD UK still refer to the EU consumer board when you have a dispute. But, since the UK is no longer a member of the EU, you cannot file a complaint against DPD UK. 
So, is there anyone from the UK that can help me with the contact information for the correct organisation where I can file a consumer complaint so I can get some answers? Or isn't this possible in the UK? I would also like to know that. Chasing all this bureaucracy is starting to get on my nerves.

This particular phone is like brand new. It was delivered the end of July. I immediately had some hardware issues with it. It was sent back in October (late response due to COVID-19). Finally it was repaired and shipped back to me late January. But for some reason it was sent back to FxTec (due to BREXIT customs issues). According to DPD it was returned and delivered to FxTec. According to FxTec they do not have my phone. Both are unwilling to help, hence my request for some help with contacting the appropiate consumer organisation in the UK, if that exists...

I am not bashing FxTec here. I am genuinely asking for some help people.

 

Edited April 18, 2021 by DieBruine

[EskeRahn 5,460]

Oh what a mess!
When  DPD claims they delivered the parcel to FxTec, and FxTec claims the never got it. It should be DPD that has to provide a receipt from FxTec on them recieving the parcel. If DPD are not able to produce that, it should be their responsibility. If they can produce a receipt then it is FxTec that has the  problem.

[_DW_ 628]

Yeah your going to need to request the evidence of delivery from DPD.  As they say they have delivered it somewhere if they can't provide it then they are liable. (But only to the insured amount)

But if the evidence does suggest they delivered it is with FxTec and in that case you can take them to the small claims court in the UK.  (Not sure how that stands for an alien)

[DieBruine 397]

I have had no response from both these A-holes since my last message asking them to sort things out. As a recipient I have no rights. And FxTec's response is we have done all we can, which I loosely interpret as screw you buddy.

Nothing I can do at the moment. And I highly doubt FxTec has done all it can 🤬.

[Doktor Oswaldo 904]

1 hour ago, DieBruine said:

I have had no response from both these A-holes since my last message asking them to sort things out. As a recipient I have no rights. And FxTec's response is we have done all we can, which I loosely interpret as screw you buddy.

Nothing I can do at the moment. And I highly doubt FxTec has done all it can 🤬.

Well DPD is always trouble! I would try to contact FxTec again, ask them for delivery registration numbers etc.
Most important step now to collect everything you can in a written form, and confront each parties with what the other party said (with proof).

But that is just a try if you still want to act in good faith.

In the end you should have nothing to do with DPD at all. FxTec has a contract with them, not you. They have to use the CRA to get it or the money back.
You just have to get your money from FxTec. Start by sending them a bill for the phone full price what you paid...

 

[Rob. S. 1,661]

 

1 hour ago, Doktor Oswaldo said:

In the end you should have nothing to do with DPD at all. FxTec has a contract with them, not you. They have to use the CRA to get it or the money back

Wasn't @DieBruine the sender? At least here in Europe, I think the sender is the one responsible for the package and its delivery, and it's his job to open a claim with the parcel service if it didn't reach the destination. The addressee has not part in it and no legal means towards the parcel service.

(I once had a dispute with Hermes – with the difference being Hermes never claimed successful delivery of the package –, and I needed to go through quite some paperwork, and it took quite some time and the parcel never showed up again, but in the end I at least got sufficient compensation...)

Edited April 29, 2021 by Rob. S.

[_DW_ 628]

You should be able to get all the information from DPD from the tracking number they gave you they would have take photo evidence of delivery back to FxTec.  If they can't provide it then they didn't deliver it.   If they do provide it you have evidence to take to FxTec and can also use this possibly in a small claims court to prove they have your device TBH this is the ideal situation as you can claim the full amount of money + time and expenses.  If you put a claim in with DPD you will only get the insured amount so depends on the service they used (probably £100 or £200)

[_DW_ 628]

1 minute ago, Rob. S. said:

 

Wasn't @DieBruine the sender? At least here in Europe, I think the sender is the one responsible for the package and its delivery, and it's his job to open a claim with the parcel service if it didn't reach the destination.  

(I once had a dispute with Hermes – with the difference being Hermes never claimed successful delivery of the package –, and I needed to go through quite some paperwork, and it took quite some time and the parcel never showed up again, but in the end I at least got sufficient compensation...)

No this is FxTec shipping him the device back but it got sent back due to brexit so its with DPD or FxTec or Stolen

[Rob. S. 1,661]

Just now, _DW_ said:

No this is FxTec shipping him the device back but it got sent back due to brexit so its with DPD or FxTec or Stolen

Oh, ok, then I got that wrong! Yes, it's FxTec's obligation then.

[_DW_ 628]

Here is the site on making small claims if you need it.  Prob worth having a read through anyway to see if you can actually do this due to you been in a different country

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

[EskeRahn 5,460]

8 minutes ago, Rob. S. said:

Oh, ok, then I got that wrong! Yes, it's FxTec's obligation then.

Oh I got it wrong too. And yes indeed as FxTec chose the method of sending it back to @DieBruine it must be them that has to take the struggle with the courier, and must prove that either the device was delivered or compensate with a device or money. (whether FxTec can reimburse a compensation from the courier is their own fight)

[Doktor Oswaldo 904]

31 minutes ago, EskeRahn said:

Oh I got it wrong too. And yes indeed as FxTec chose the method of sending it back to @DieBruine it must be them that has to take the struggle with the courier, and must prove that either the device was delivered or compensate with a device or money. (whether FxTec can reimburse a compensation from the courier is their own fight)

Exactly what I meant! And honestly maybe @Erik can pitch this case? I mean maybe the phone is lost and only the money can be reimbursed.
But it is just horrible if the customer must choose between loosing it and going to a court!

And it does not matter at all if they sent it back or not. Even if they can prove it, it is still there responsibility to replace the phone/money.

Edited April 29, 2021 by Doktor Oswaldo

[Doktor Oswaldo 904]

51 minutes ago, _DW_ said:

You should be able to get all the information from DPD from the tracking number they gave you they would have take photo evidence of delivery back to FxTec.  If they can't provide it then they didn't deliver it.   If they do provide it you have evidence to take to FxTec and can also use this possibly in a small claims court to prove they have your device TBH this is the ideal situation as you can claim the full amount of money + time and expenses.  If you put a claim in with DPD you will only get the insured amount so depends on the service they used (probably £100 or £200)

No need to go to DPD at all. DPD has zero responsibility to you.

[EskeRahn 5,460]

29 minutes ago, Doktor Oswaldo said:

And it does not matter at all if they sent it back or not. Even if they can prove it, it is still there responsibility to replace the phone/money.

With emphasize on "sent". What matters is if it is "delivered".

But things gets muddy with Brexit if neither the sender nor the recipient are willing to pay the 'fees' added by the courier. BUT if that was the case at the least FxTec should get the info that the packet is on hold at the pirates courier until someone pay the ransom 'fees'.

And I have NO idea which part is legally obliged to pay this ransom on the return of a repair sent in before brexit and returned to EU after.

[_DW_ 628]

1 hour ago, Doktor Oswaldo said:

No need to go to DPD at all. DPD has zero responsibility to you.

Sorry what I meant was get the details from DPD for the tracking number.  Yes its upto FxTec to deal with DPD

[Doktor Oswaldo 904]

1 hour ago, EskeRahn said:

With emphasize on "sent". What matters is if it is "delivered".

But things gets muddy with Brexit if neither the sender nor the recipient are willing to pay the 'fees' added by the courier. BUT if that was the case at the least FxTec should get the info that the packet is on hold at the pirates courier until someone pay the ransom 'fees'.

And I have NO idea which part is legally obliged to pay this ransom on the return of a repair sent in before brexit and returned to EU after.

I agree, if there are additional fees. I would pay it as customer. I would guess you don't have to, but I have a feeling, that nobody really knows with brexit... so I would advise to bite that apple. You could also book a transport yourself (probably more expensive due to pickup) or let them send it to an english buddy of you and then use the postal service.

P.S. to be clear I am NO lawyer, and all my advise is done to my best knowledge but without any form of guarantee!

Edited April 29, 2021 by Doktor Oswaldo

[Erik 1,487]

According to the tracking, the package was returned back to us after it was held for 1 week in a DPD depot in your home country pending customs charges. Also, if you checked the tracking that we provided you with, it's pretty clear it is still on it's way back to us. The tracking hasn't changed to "delivered" - hence nothing arrived back to us.

We like to side with you, as we've seen this happening a lot since Brexit - unpaid customs, customers never contacted by the courier asking for the payment, and yet things still getting returned for unpaid customs...

This was our shipment broker's last response to us about your package, it was sent on the 29th of March, and they've been quiet since then. I've just chased them again. It seems like they lost it - from what we see they loose about 30-40% of packages that need to be returned due to customs issues. From experience I know it's DPD not replying back, not necessarily the middleman (parcelhero)

As soon as they confirm they've concluded their investigation, we'll look at replacement options - however limited they may be at the moment. Once their investigation is complete, we can then claim the amount against DPD's insurance.

Below is the last communication with Parcelhero, our broker that provides us labels for DPD. They're looking into it.

[Erik 1,487]

FYI, we're trying to source a replacement for you already @DieBruine. No point in delaying this. Support will update you within 1 week with details.

[DieBruine 397]

That's all I wanted @Erik, an honest response. I contacted DPD UK + NL while it was held at customs. All, and I do mean ALLL, my information was included in the shipping documents. Nobody contacted me. Even when I asked for help and called them, the information was needed from the sender. There was nothing I could have done.
Regarding the shipment/ delivery/ return the The Dutch division told me it was delivered to the sender on the 15th of March around 10:42 if I recall correctly.
The UK tracking site does not show the full information. The Dutch tracking site showed that it was delivered at 10:42 something at Harrow! Not hub Bham. And this is why I would have wanted a little more effort from FxTec support, which you now have provided yourself. So, if you would ask the Dutch DPD you would see an additional line above.

15 Mar 2021 09:13

Hub 3 - Bham

Your parcel is on its way back to

Anyway, I wasn't looking for a fight nor trying to bash FxTec. But I did feel like I was being ignored. For now I will let it be. But I am telling you, there was another tracking DPD page that showed it was delivered after it had left the Bham hub.

[EskeRahn 5,460]

1 hour ago, DieBruine said:

if you would ask the Dutch DPD you would see an additional line above.

When getting parcels from Germany, I have seen similar, that the German and Danish version of tracking disagrees, and also that the sending site has it marked as delivered before it actually is.
I once contacted the courier and they contacted the Danish branch and removed the delivered entry - but when the parcel arrived some hours later, they did not get it back in... so things are only partly automated, with stange bugs as a result.

[Doktor Oswaldo 904]

15 hours ago, Erik said:

FYI, we're trying to source a replacement for you already @DieBruine. No point in delaying this. Support will update you within 1 week with details.

That is great news! Thank you for the update.
To be clear, I never wanted to attack fxtec or anyone personally! And I am not surprised, that the problem is with the parcel service and not with you (I mean I know dpd.... it is a casino).

I was just pointing out, that DieBruine has no possibility or rights to pressure the parcel service at all. It is unfortunately for you something fxtec must do.
We all know that you are a small company and it sucks to fight against big parcel services. But I honestly think DieBruine has tried what he could to solve the issue by himself!

Keep up the good work!

P.S. Forget tracking information, or anything dpd provides you. About 80% of the dpd parcels I receive are just signed by the driver in my name and put before my door.
Instead of fighting that, dpd makes it insanely hard to even see the signature.

Edited April 30, 2021 by Doktor Oswaldo

[EskeRahn 5,460]

4 hours ago, Doktor Oswaldo said:

P.S. Forget tracking information, or anything dpd provides you. About 80% of the dpd parcels I receive are just signed by the driver in my name and put before my door.
Instead of fighting that, dpd makes it insanely hard to even see the signature.

The last year with the Corona mess it has been the standard here in Denmark that we were NOT allowed to sign for parcels, not limited to one courier. (Though I was requested to sign for a tonne of wood I got a few days ago, but that was -obviously- not by one of the usual parcel services)

[_DW_ 628]

28 minutes ago, EskeRahn said:

The last year with the Corona mess it has been the standard here in Denmark that we were NOT allowed to sign for parcels, not limited to one courier. (Though I was requested to sign for a tonne of wood I got a few days ago, but that was -obviously- not by one of the usual parcel services)

Here they leave parcel in front of door wait for you to answer and take a picture.

[Rob. S. 1,661]

1 hour ago, _DW_ said:

Here they leave parcel in front of door wait for you to answer and take a picture.

While some parcel services tried that here in Germany pre-corona or around the time when the plague had just started, for a long time now most of them just drop parcels in front of the door and leave. If I'm lucky, they at least ring the bell once before the leave.

As long as everything actually gets delivered, which so far has always been the case for me, I'm alright with it for the time being...

[MvBoe 31]

For Germany it would be an alternative to create an account for the "Packstation". Then at least the packages are safe.