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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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    • If you are buying a used car – you need to read this survival guide.
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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
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    • 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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Lloyds Charges


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Hi,

 

I put in a claim for my charges for the past 6 years last October and received a letter back advising that the decision for all banks were going through the courts and that i would be informed of any decisions etc. I have since received another letter saying they are still waiting for decisions.

 

Since my initial letter they have taken further charges and am currently facing having £170 taken on 3rd March! The charges get taken on 1st of the month, i dont get paid till 15th so its a vicious circle. Ive asked twice for the date of the charges to be changed which Lloyds will not do.

 

Do i need to take my claim further or do i need to wait for the courts to decide etc. I am writing a letter this week saying i am taking my banking elsewhere as i cannot afford those charges!!

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Hi had you got as far as filing the N1 at court ?

If not then you can just add any new charges onto your existing claim :)

 

As for the circle you find yourself in I would open an account with another bank and get your wages paid into that swap everything over :)

 

 

saint

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No ive only sent the initial letter advising how much i wish to claim and give them 14 days to respond. They did but that it would not be taken any further until the courts make a decision. I am in the process of opening another account for my wages but when the charges go out in March im taking it they will be charging me daily for that too!

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I am just drafting my complaint letter and advising of me moving my banking elsewhere, should i add in the additional charges since i put in my claim last year as in that link it says to get all claims in before the courts decide or complete a different letter? By that link i would have to wait anyway as the banks wont proceed at the moment?

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  • 2 weeks later...

How is this bit calculated?

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

Do i have to seperate the unplanned o/d fees/bounced dd's with the o/d interest or is this interest something i calculate on the overall fees????

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If you are not claiming overdraft interest, which most people don't, then just delete the part which doesn't apply to you.

 

I calculate that you have taken £XXXXX.

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Well i sent my letter and have again received a letter along the lines of, 'unless our customer support unit agree something seperately with you due to your financial circumstances, what will happen next regarding your complaint about bank charges will depend on the courts. We do not know how long the case will take - we have promised to proceed as quickly as possible but inevitably given the importance and complexity of the issues being considered this may take many months to finally resolves'.

 

Blah, blah, blah.

 

Do i still need to send the next letter 14 days after i sent this one, is there any point?

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Just because they dont have to look at your complaint dosent mean that you cant continue sticking to your timescale .........

 

If you can afford the court fees I would consider getting as far as putting the claim in at your local court using the N1 here and the P.O.C's here That way any charges that are close to the 6yr limit are safeguarded and you claim also starts earning the s69 interest @ 8% :)

 

saint

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That is the standard letter.

 

You have now sent both letters. The prelim and the lba. So now you can file at court. If you have received any new charges since you started the claim, now is the time to add them, before you file.

 

COURT FEES

 

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm;)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Sorry Saintly, i didn't see you there (again...:oops:)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 2 weeks later...

OK thanks, i have now found the court fees but sorry i'm finding this very confusing and don't want to get this bit wrong! Do i complete both of the advised documents, N1 and P.O.C and if so where do i send them? What is the s69 interest and how is it worked out? Also what happens after this stage? Many thanks.

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Ok what you do is fill in the N1 the POC's are to big to to fit on the N1 so you need to do them seperate ..... You also need you shedule of charges (spreadsheet of your charges). Dont forget that you need 3 copies of each. Then you send them/take them to your local county court where the court will stamp them keep 1 copy of them for themselves send 1 copy to the bank and sends 1 back to you.

 

 

saint

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See here for N1 guide:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

and here for Lloyds POC's

http://www.consumeractiongroup.co.uk/forum/show-post/post-1035428.html

 

For your Schedule of Charges use the Simple S/S here:

 

6. Interest calculation spreadsheets

 

This will also calculate the s69 interest

 

EnglandSimpleSpreadsheet.jpg

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete /hide the last 2 columns (8% bits) and print out as your schedule of charges.

 

If you don't have Excel, Works or OpenOffice use this online s/s:

 

Spreadsheet: Online & Simple to Use

iCalculate

 

The daily rate is the total of just your charges x 0.00022

 

eg £495 x 0.00022 = £0.11p per day

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On the front of the N1:

 

Value:

 

 

Charges £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx (total interest from the schedule of charges spreadsheet)

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

and at the bottom of the Particulars of Claim:

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount of interest from spreadsheet] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

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  • 1 month later...

Ok so i sent my correspondance off to stevenage magistrates court who sent it back and said it would be my local county court which would be hitchin.......sent it to hitchin and they sent it back saying it wasn't them?! Can someone please tell me which court i need to send it to?

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Take a look here, in case there is a nearer one to you.

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

 

If not and Hitchen is yur local court, then you could call them to see why they wont accept it. If thats what you do, let us know.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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