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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.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • 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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lx direct/littlewoods DCA


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I have sent a CPR request to littlewoods and received all information back. Some information missing so sent another request. Most importantly they haven't enclosed a signed copy of a credit agreement now they haven't told me they dont have a true copy of this but I have found out when going through the enclosed CPR documents this. The last conversation I had with them on the telephone in January I said "I was waiting for a signed copy of my CCA" they didn't tell me this but its on the data form No signed cca held have been adv prev not a sars but on rechecking have been adv that sars req. file closed and passed to sars.

 

While this has been going on I keep getting letters from DCA's Moorcroft then Midaslegelservices and now debt managers ltd

 

I wrote to moorcroft enclosing a copy of the CRP letter I sent to littlewoods thats when it got passed on.

 

On one of the other data forms I got from my CPR request states that debt manager sold debt to phonix on 30/10/2007

 

Apart from some of the documents I requested missing which I have asked Littlewoods for again what else should I do. The last DCA Debt Managers Ltd keeps ringing me and sending letters. Where do I stand with all this?

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write back telling them to FO and point out reason why, also say that you do NOT expect to hear from them again as they are in breach of the data protection act.

 

to be honest it's a waist of your time keep requesting info. your goal should be getting it passed BACK down the line to OC or 1st DCA

also put in should they ignore your letter and continue to phone and threat you are within your legal rights to take court action against them for harassement under the protection of harassement act.

 

hopefully that will shut them up, you must be VERY firm in letter, use Bold and underlined as well to enhance you letter,

 

dont forget to put "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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OH YES if you dont know NEVER NEVER speak to them on the telephone, they have habit of telling porkie pies and shouting a little just to try con some dosh out of you

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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  • 1 month later...

Still haven't received all inforamtion requested - Littlewoods said I should get it by the end of April 2008. I also haven't heard from the DCA either which is good news. Anyway I decided to check my credit report with experian and it turns out that Legal Direct Recs (part of Littlewoods) have entered a default on my account in October 2007. Now I'm pretty sure I didn't sign any agreement I'm still waiting for them to send me a copy as proof. Can Littlewoods do this without me having signed a contract?

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  • 2 weeks later...

Its been a long battle but its good news!

 

After sending a CRP request and Littlewoods not full filling this request (missing details). Sent another letter asking for all the information they hadn't provided and I have just got a reply this morning, which states as they haven't a signed copy of this agreement they will not pursuing. I really wasn't expecting this out come. I have read other threads when this has happened but didn't think I would be so lucky. So a big thank you to everyone!

 

I need to read over the letter again as its 3 pages long and I may have missed some important details but what I can make out so far is they have said because the debt is classed as unsatisfied this will be noted on there internal files for future reference. This information will also form part of your records at the credit reference agencies and will remain on your file for 6 years. The absence of a signed agreement does not mean the debt does not exist, merely that it can not be enforced.

 

Is there anything I can about this?

 

Lizzy

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  • 2 months later...

Hi you have had the we cannot find you agreement we will not pursue letter. The next step from Littlewoods will be that they will put a second default on your account then set someone like Iqor (DCA) on you. They did this with me at end of last year. I wrote to them and got the normal we are right you are wrong reply. Complained to Financial Ombudsman Service, Littlewoods removed one of the defaults immediately and now FOS are recommending that Littlewoods remove the second default as Littlewoods have no agreement to default and the value of the default is incorrect(includes charges and interest applied). I am waiting to see what Littlewoods reply is to this recommendation from FOS.

 

My thread

 

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/80339-wife-littlewoods-ppi.html

 

dpick:)

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  • 3 weeks later...
:???: Morning, I am new and not sure what I am doing but could do with some advice please. I checked my credit file this morning as my bank said I had some adverse credit going back 3 addresses. Legal Direct Recs have put a default on my account on Oct 2007. I moved from this address in May 2006 owing nothing. What do I do to clear this up?? Thanks
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  • 1 month later...

Littlewoods debt has come back to haunt me!

 

After many months and Littlewoods agreeing not to pursue debt because I hadn't signed any agreement with them.

 

A few days ago I recieved a letter from Shop Direct saying that my debt has been passed to Lowells then the next day a letter from Lowells confirming the assignment has been passed over to them from shop direct.

 

Oddly both these letters come from the same place because they seem very similier in style and content.

 

Obviously they are chancing their luck as there is no signed agreement.

 

What do you think I should do?

 

Contact Shop Direct to confirm that they have passed my debt on even though they agreed not to pursue.

 

Contact Lowells informing them that Shop Direct have confirm in writing that they are not pursuing.

 

What I should have done at the time Shop Direct confrimed this was tried to get this debt taken off my credit status as a % of this debt is charges which if I hadn't signed an agreement it gives them no right to add fees to this account.

 

If I Knew this would come back and haunt me them I would have delt with it but at the time one less problem is a weight taken off ones shoulders.

 

Any information greatly appreciated....

 

PS The phone calls have started now!

 

Lizzy40

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Hi I had the same they passed me on to IQOR I sent copy of the we will not pursue with note to sod off to IQOR they did. I then complained to FOS, Littlewoods told them clerical error (I have seen that on about 20 different threads now.

 

dpick

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Littlewoods debt has come back to haunt me!

 

After many months and Littlewoods agreeing not to pursue debt because I hadn't signed any agreement with them.

 

A few days ago I recieved a letter from Shop Direct saying that my debt has been passed to Lowells then the next day a letter from Lowells confirming the assignment has been passed over to them from shop direct.

 

Oddly both these letters come from the same place because they seem very similier in style and content.

 

Obviously they are chancing their luck as there is no signed agreement.

 

What do you think I should do?

 

Contact Shop Direct to confirm that they have passed my debt on even though they agreed not to pursue.

 

Contact Lowells informing them that Shop Direct have confirm in writing that they are not pursuing.

 

What I should have done at the time Shop Direct confrimed this was tried to get this debt taken off my credit status as a % of this debt is charges which if I hadn't signed an agreement it gives them no right to add fees to this account.

 

If I Knew this would come back and haunt me them I would have delt with it but at the time one less problem is a weight taken off ones shoulders.

 

Any information greatly appreciated....

 

PS The phone calls have started now!

 

Lizzy40

 

Exactly the same happened to me.

Moorcroft sent it back to littllwoods some time ago then heard nothing from no one until the other day when Lowells got in touch,

Same MO - assignment letter and welcome letter both from the same address.

read the last few post on my thread - I think you will find it is the same situation

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/117270-alf-gus-moorcroft-now.html

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Hi

 

If a company agree not to presue always ask for the amount allegedly owed to be credited to your account, Do not agree to have it written off, write off's can be removed and the debt is then normaly sold on to dca's. A credit to an account is far more difficult to work around

Sam

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Hi

 

If a company agree not to presue always ask for the amount allegedly owed to be credited to your account, Do not agree to have it written off, write off's can be removed and the debt is then normaly sold on to dca's. A credit to an account is far more difficult to work around

Sam

 

Most interesting. I think this may be why I am being contacted again after being told they 'will no longer pusue the balance'

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Hi alfwithhair,

 

When debts are written off this is only an action on the computer, the balance on account stays the same, it is commen practice to write off debts and then after a period of time remove the write off and sell a bulk load of accounts to dca's, this is why so many people have debts resurface after 6 months to 5 years, the original creditor loses out by not persuing you but then re-coups some of its loses by selling on your debt by say 10p in the £1.00, a dca i know would happily write off debts to people that annoyed her on the phone as she knew they would come back and bite that person in the future, anyone that disputes an account and wins Must insist that the amount is credited and a final statment and account closed letter is sent as proof that the matter has been dropped, they will say that they cant do it but they can!

 

 

hope this helps

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  • 2 months later...

Wrote to littlewoods as they had sold my debt when they originally agreed not to persue.

 

They have admitted that my account had be assigned to lowells in error and they have requested to buy the debt back and to accept their opologies.

 

However they mention that this debt will stay on my credit file, any ideas how to get this off because I know they will again sell to another DCA in time?

 

I dont think Littlewoods have any right sharing my personal information with other companies I haven't signed anything for them to give them this right.

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