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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.
  • Our picks

    • 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 
      • 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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phone calls cut off!!!


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Hi, I just saw a post from someone saying they had called Abbey and "accidently" been cut off on several occasions, when trying to discuss charges. Also when they do get to speak to someone, they are told someone will call them back and that call never transpires.

 

I to have had that exact scenario, and just wandered how many others have experienced the same problems? If there are a large number of us, we should start a petition to end Abbeys bad practices. After all, they may be able to fob us off individually, but if enough of us tell them to buck or we are leaving, well then maybe they just might.

 

Just a thought...

 

Oh and before anyone says why are you bothering talking to call centres? I know we should not, but it would be good to see if we can effect change of policy, if enough of us threaten to leave!

Talk is cheap. Supply exceeds Demand.

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i actually was told by sophie (head of customer relations that she was going to cut me off when i asked her to explain why a direct debit wasnt let go through but 2 days letter the same direct debit was let through makinf me have a charge for first declined then a charge for accepted even though on both occasions i had exactly the same amount in the the bank. She said she wasnt going to answer that question and if i asked again she would put the phone down, so i asked her what incentives she got for refusing refunds , at which point she hung up on me. I keep ringing her and i think im finally making her loose control, its actually quite alot of fun

For the little people

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That's disgraceful, seriously have to do something about this people. Not just the illegal charges but the way we their customers are treated with contempt by staff.

 

What else can we do???

Talk is cheap. Supply exceeds Demand.

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i actually was told by sophie (head of customer relations that she was going to cut me off when i asked her to explain why a direct debit wasnt let go through but 2 days letter the same direct debit was let through makinf me have a charge for first declined then a charge for accepted even though on both occasions i had exactly the same amount in the the bank. She said she wasnt going to answer that question and if i asked again she would put the phone down, so i asked her what incentives she got for refusing refunds , at which point she hung up on me. I keep ringing her and i think im finally making her loose control, its actually quite alot of fun

 

Write a letter detailing the treatment and send it to her and anyone else at that organisation you can think of. You should at least get it down on the record.

never let anything like that go unrecorded.

 

However, it does mean that you are pushing them against the wall and that you are winning.

As to what else you can so about it:-

Go through the steps until you issue your claim

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[..] so i asked her what incentives she got for refusing refunds , at which point she hung up on me.

 

I'd do what BankFodder suggests with regards to the letter. I'd also try and claim a tape of the conversation under the data protection act!

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Am in the process of claiming back my charges from shAbbey and have been cut off 3 times today while trying to speak to someone, I have never been cut off before when requesting a balance or some other query. Think it is strange that as soon as you mention bank charges or ask someone what their name is for your records you get cut off.

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However, it does mean that you are pushing them against the wall and that you are winning

 

BF is right in this - it sounds like they are starting to wipe their elbows and getting tennis ar*e in the process...keep up the pressure, and stick to your own deadlines...they WILL slip up or give up.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I still don't understand why people don't routinely record their calls.

 

I use Skype and a recording program called Skylook which dumps the soundfile into an Outlook folder as an email.

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The point is that this is only useful when you initiate the call. When you receive the call you are unprepared and offguard - even a muppet at the bank would watch their step when confronted with "excuse me, I just need to turn my recorder on..."

 

The bank will record the call for certain, and we can request it with our DPA. Their call, their mistakes, their problem.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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When you ask for recordings of calls they seems to be a bit reluctant. Generally, you can't just send in a dpa request and say "give me copies of All recorded calls". Instead, they insist that you tell them exactly when the call happened, so they can look out the recording for you. The impression they give is that all recorded calls are kept on tapes and tossed in a cardboard box in a basement somewhere for storage - which is laughable, obviously.

 

As for getting cut off by the call centre - I'm always of the view that when you phone them you are definitly speaking to the monkey, and not the organ grinder, so why waste your time (other than for sport)

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Calls are stored as .wav files, so there is no (technical) reason why they couldn't send the file by email after the call.

 

However, monkeys don't get keys, and they have to make/take the next call immediately, as that is all they are paid to do.

 

However, EVERY call has what is called a URN (unique reference number) or some similar format - ask for that at the end of the call. You don't need to remember the date/time (but it is sensible to write it down) - they will find the call a lot faster by URN (unique) rather than searching date/time (possibly thousands of records that will all need listening to by a better fed monkey (verifier/supervisor/QAR to their CVs...))

 

Believe me, in this I am 100% certain of my facts.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Talk is cheap. Supply exceeds Demand.

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