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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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GP has put me on reduced hrs and when presented the certificate to manager was told that it could not implemented immediately because they wanted to have meeting with me first one was to discuss my DD and second meeting was because I was absence and triggered. I told the manager that I could not do my full times until they implemented minor adjustments and also I was not well enough work to carry out my full hours like before.

 

my employer knows about my DD as the company's OH said that I have an underlying condition that was over 2 years ago. my employer never help me with my DD and indeed ignored what the OH said and now my GP as well. As there have never been any minor adjustment made for me at work. I have been victimized due to my DD by other colleagues at work and now I just cannot bear going in there anymore.

 

today was told not to leave the floor to go to the toilet without first asking the manager as it would be classed as gross misconduct. There is never manager on the floor and the washroom is 4 floor up in a slow lift so if I should want to go to the toilet then I will have to look for a manager and then make way up 3 floor to get to them.

 

Is this legal can they do this and now it seems to be getting worse every day now.

:mad:

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...and more to the point does the employer know that you consider yourself disabled under the DDA and that you believe that he should make certain adjustments in order for you to continue in employment? How 'reasonable' are the adjustments to make, and what type of disablity is it? What is the nature of the business? I am not sure that presenting a certificate and saying that the employer should reduce your hours is the right approach. There should be a meeting to discuss the condition and propose what might be done to allow you to continue. The employer then has a right to disagree if he feels that the changes that you have proposed cannot be accommodated.

 

If the employer is aware of all of the facts, then the obvious step is to lodge a grievance, stating that the employer is ignoring the needs that your condition deserves. At that point the toilet issue then becomes relevant, especially if the need to visit more often, or if it takes you longer than for other employees is a consequence of your disability.

 

Sorry if that reads as though I am challenging what you are going through at work, just that we are unaware of any background and your post sounds like you are jumping straight to the confrontation and bypassing the negotiation!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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This has been an ongoing saga for over 2 years, first submitted a grievance 2 years ago about this and when I did not agree with findings but they keep dragging it out and my health has suffered because of it.

 

Also had a long meeting last week after a lengthy letter/grievance to my employer and presented copies of 2 certificates with union rep present at the meeting. One certificate was completely ignored about making minor adjustment and the second certificate said that I should have reduced hrs with minor adjustment also the company did not want to implement immediately the reduced hrs immediately as they wanted to have a meeting with me first.

 

The company is a large organization with lots of different managers and temporary staff. Most of the managers either do not care or they feel that I should not be working there as I am near retirement age. Managers want to keep on some of the temporary staff as they like them. Some staff keeps saying why I not retire.

 

At the meeting some things were agree but again totally ignored by managers on the floor.

 

It seems the more you protests the worse the make it for you. Union know I have a disability but seems to be taking the softly, softly approach with them and they will do anything positive for me regarding the minor adjustments. They want people to leave and take on new temporary people as they do not cost the company so much to employ.

 

Been off with recently and have triggered and now the company has arranged a trigger meeting because of it, union knows about this and agrees with it.

 

My disability is an underline condition is recognized under the DDA and the company own OH has said what needs to be done to make minor adjustments over 2 years but the company ignores this as well.

 

Adjustments are very minor and could be done immediately but the employer does not want to do them for me and I said this last week at the meeting with union rep present.

 

Another colleague said to me last week that the company is a law on to themselves.

Edited by mai20
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had a long meeting last week after a lengthy letter/grievance to my employer

 

Has your employer provided you with a written response to your grievance?

If not, I suggest that you write to them asking for this.

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No nothing, no notes of the meeting were given to me or the union rep; I drafted a letter in response to the meeting and sent it to the union for opinion. I was told by the union rep that was excessive as everything was encapsulated in the notes read out after the meeting. I have not received these notes as yet, :mad:

 

There were lots of things that were not discussed at the meeting regarding deduction of pay and breach of confidentality and bully by staff members.

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In that case I suggest that you write to the manager that was in charge of the grievance meeting. (There's no need to go through the union rep.)

 

Perhaps just a short note, something like:

 

Dear...

 

Further to the grievance meeting on ?? July; I haven't received your written response to my grievance. Could you please let me know when I can expect to receive this.

 

Yours etc.

 

I'm afraid that it's too easy for employers to simply fob you off verbally then do nothing.

There's a kind of unwritten rule that 'If it's not written down it never happened'.

So, it might be best to keep the communication in writing as much as possible from now on because it's harder for them to ignore.

Make sure that you keep copies of everything that you send as well as anything you recieve from your employer.

 

Has the time that you have had off work, that has caused the trigger meeting, been time off sick due to your disability?

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If you like you could add this to the note:

 

I hope that you can also assist me with another matter. I have been informed by (name of person) that when I need to use the toilet failure to first locate a manager and seek permission will be gross misconduct. Perhaps you can supply with with the policy confirming this.

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Thanks, I will do that today. Yes, it was as there were not minor adjustments done at work for me.

 

Is it correct that if a person has a recognized DDA then there should be no trigger regarding absences.

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Is it correct that if a person has a recognized DDA then there should be no trigger regarding absences.

 

It really depends on how much absence we're talking about.

It's a fairly commonplace 'reasonable adjustment' under the DDA to allow an employee with a disability to have a higher rate of sickness absence than employees without disabilities before triggering such a meeting.

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