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    • Below is my proposed letter of claim to Yodel. I would welcome comment.   Dear Yodel, Claimant x: claim for breach of contract loss of package xxxxxxxxxxxxxxx I am making a claim against you claim against for breach of contract relating to your loss of a package valued at £150.00. I refer to two webchats that I have had with your organisation following which I was advised that Yodel were not prepared to recompense me for my loss. This letter is being sent to in accordance with the Practice Direction on Pre-action Conduct and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, I refer you to paragraphs 13 to 16 of the Pre-action PD concerning the court's powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to our my commencing proceedings against you and may increase your liability for costs. Circumstances leading to my claim against Yodel On 14 June 2024, I made a sale on eBay of a set of 3 Kirkland Signature golf wedges (‘the goods’) at a price of £150.00 plus £6.00 postage. I received payment from the purchaser via eBay and on 15 June I purchased postage from eBay’s Packlink. Packlink arranged the delivery of the package to the purchaser with Yodel. Having packaged the goods in wrapping paper, I delivered them on 15 June to the Shell petrol station on ……..and a tracking number of  xxx was given. Tracking showed that the package made it to your Leeds Depot on 15 June but thereafter the package went missing. The Purchaser had been advised that they were ready for collection at her local depot in Preston but they could not be located in Preston. I personally attended your Leeds depot where your helpful staff confirmed that the package had been scanned into that depot and was also scanned going onto one of your trailers (7DL 1436) bound for Preston but that thereafter the package was not scanned again and could not be located either in Leeds or Preston. Due to non-receipt of the goods, I was required to refund the buyer her £156.00. I have sought compensation via Packlink but they are only prepared to pay ‘basic compensation’ of £25.00. Through your webchat I have sought to make a claim against Yodel but have simply been referred back to Packlink suggesting that I do not have any rights against Yodel. You are referred to the The Contract (Rights of Third Parties Act) 1999 upon which I rely and which give me the right to sue on the contract just as if I was a directly contracting partner. I was a discernible beneficiary of the contract entered into by you with Packlink to deliver the package on my behalf. As the sender of the parcel I was somebody who was intended to benefit under the parcel delivery contract. In breach of contract, you failed to exercise reasonable care and skill to deliver the package to the purchaser but instead have lost the package. Given the scanning history of the package, it is likely to have been misappropriated whilst in your custody – a failure to take reasonable care to avoid such misappropriation.   My Claim against Yodel I wish to claim the sum of £150.00 being the value of the goods lost by Yodel   Relevant documents I enclose copies of the following documents that are relevant to this matter: 1.    A screenshot of the eBay sale of the goods and the tracking notes.   Alternative dispute resolution I am prepared to consider ADR.   I  look forward to receiving confirmation that accept liability for these matters, together with a full settlement of my claim, within [21] days of the date of this letter, namely by [DATE].] [In the absence of a full response by that date, I will issue and serve proceedings without further notice. Yours faithfully,    
    • I didn't know I had to go to the US. Were you there recently, TOR? I'm not sure you've been to London recently either. We know some 'average Americans' and I've asked what they think about things today, as it happens.
    • The scammers were posing as young women online to trick people into sending sexually explicit material.View the full article
    • To even ask that question you clearly haven’t visited anywhere in the USA recently The cesspit that is SanFrancisco Venice beach that no one in their right mind would visit  The open drug taking, crime, zombies everywhere (reminds me of Khans London) The Texan border towns flooded with illegals (The sole responsibility of Harris) And that’s before we get onto world matters  One sniff of Harris in the White House  and China will be into Taiwan Endless tax dollars being thrown at Zelenskyy for what reason? To keep killing Ukrainians? The average American hates it  The barmy Biden/Harris rush to net zero  Perhaps as President Trump can knock that lunacy on the head worldwide 
    • Their fees can go up with different stages of enforcement. They will almost certainly have charged the creditor the first stage (compliance) of £90 including VAT. This will be added to your bill though. Then they are allowed to visit with a view to entering into an agreement with you. They may charge £190 plus VAT for this plus 7.5% of anything over the first £1000. A second visit would trigger an additional fee of £495 plus VAT. Finally, they can visit with a view to removing goods for sale. They can charge £525 plus VAT for this visit plus 7.5% of anything over the first £1000. Not sure if these figures match with anything you have. You would need to ask which fees have been added. You shouldn’t have to pay the VAT. Hopefully, it isn’t a major issue given you won’t be dealing with the bailiffs.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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pettition for a Cash Machine Act of parliment


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Due to the defence UK banks have been issuing in response of penalty charges I thought we need an act that regulates cash machines.

 

As you may no Cash machine operators must tell you before a transaction has taken place if you are charged for that transaction.

 

However It has become clear that banks are using Bank charges to partially fund the so-called free banking regime.

 

It has been publicly announced that in 2007 Lloyd's TSB bank has made a profit of 2 billion + pounds.

 

How can a bank possibly be loosing money when they are making 2 billion + a year.

 

I suggest that the government introduce a cash machine act. And make it illegal for ATM operators to withdraw after sale charges for misleading free bank transactions.

 

Please support me in this petition by signing this thread. Maybe the site owners will create a petition on the No10 e-petition website.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

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All advice is offered without prejudice.

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Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

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hmm, interesting idea.

 

I think that the best that you can hope for is to have a cap placed on the amount that an ATM operator can charge for a transaction, as the bank would be able to argue the 'fee for a service' in that respect, as the machines themselve require maintenance which will not be free, i.e carries a demonstrable cost to provide said service.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Yes but I am saying under the proposed act / amendment they "must" advertise what we are paying for. When they charge us.

 

Though I do think if i had to pay for a transaction then I would go back to cash. Or move my account abroad. I choose the free transaction cards for a reason. I cant afford to pay for a transaction.

 

But the problem is when they do provide a said service The amount we pay for the service is excessive. If they can not sort themselves out then we need an act of parliament. Its clear the threat of court action is not doing enough. It dose not cost them £15 -£35 a time simply to operate. Banks made a profit of 2billion + last year and are set to break that this year.

 

The only way forward I see is if they tell us "exactly" what we are paying for under the supply of goods act 1994. If were paying for a transaction then the physical good if you like is the Credit / Debit Card. If there calling this a service surely this is against the Advertising Industry Standards already.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Supply of goods act 1994

 

Implied terms where transfer is by sample.

 

(1) This section applies where, under a contract for the transfer of goods, the transferor transfers or agrees to transfer the property in the goods by reference to a sample.

(2) In such a case there is an implied term—

(a) that the bulk will correspond with the sample in quality;

(b) that the transferee will have a reasonable opportunity of comparing the bulk with the sample; and

© that the goods will be free from any defect, making their quality unsatisfactory, which would not be apparent on reasonable examination of the sample.

(3) For the purposes of this section a transferor transfers or agrees to transfer the property in goods by reference to a sample where there is an express or implied term to that effect in the contract concerned.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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11F Remedies for breach of contract.

 

(1) Where in a contract for the transfer of goods a transferor is in breach of any term of the contract (express or implied), the other party to the contract (in this section referred to as “the transferee”) shall be entitled—

(a) to claim damages; and

(b) if the breach is material, to reject any goods delivered under the contract and treat it as repudiated.

(2) Where a contract for the transfer of goods is a consumer contract and the transferee is the consumer, then, for the purposes of subsection (1)(b) above, breach by the transferor of any term (express or implied)—

(a) as to the quality of the goods or their fitness for a purpose;

(b) if the goods are, or are to be, transferred by description, that the goods will correspond with the description;

© if the goods are, or are to be, transferred by reference to a sample, that the bulk will correspond with the sample in quality,

shall be deemed to be a material breach.

(3) In subsection (2) above, “consumer contract” has the same meaning as in section 25(1) of the 1977 Act; and for the purposes of that subsection the onus of proving that a contract is not to be regarded as a consumer contract shall lie on the transferor.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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I suggest that the government introduce a cash machine act. And make it illegal for ATM operators to withdraw after sale charges for misleading free bank transactions..

 

So let me get this right: You want to stop ATM operators being able to withdraw charges? Not really a goer in my opinion.

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The Govan Law centre states.

 

One may transfer proceedings to Scotland if the bank trades there.

 

Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK

 

But only if you Have a chance of winning:D

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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