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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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      Many thanks 
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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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The Halifax and I


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Thanks to MSE for pointing me to this site!

 

I am going to be sending off the 1st letter requesting repayment of charges tomorrow. What has peoples experiences been of the Halifax with regards to this? Do you find they are quick to respond or do they drag their feet?

 

I will no doubt be on here fairly often as I don't have a clue so be prepared for lots of questions!

 

 

Che

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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Welcome and can I be the first to say spend 2 days reading the FAQ section. There is more information in there than you ever thought you would need.

 

Its worth reading and then reading again.

 

Many of your questions are detailed in there.

 

Take your time and do it right, and good luck

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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Thansk for youe welcome and advice, I will definately spend some time reading the FAQ's!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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Hiya,

 

I have been reading other peoples posts with regards to their claims and the FAQ's and before I start the ball rolling on mine i just want to get answers to questions that are popping up in my head LOL.

 

Once you start the process and have received an offer I have noticed that the Halifax are writting back stating that if your account doesn't run properly in future they will close the account. Do any of you know if they have acted on this?

 

Also is it advisable to have a new bank account set up on the off chance that they get shirty and close the account?

 

Just re read FAQ's again and is says there that it is advisable to look into another account just in case!

 

 

Thanks

 

Che

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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Just spent the last hour working out all the charges that the Halifax 'kindly' put on my account. To the 24th March I have incurred £380.57 in charges ( looking back over statements this has accumalated since Dec 05 when I lost my job and started temping).

 

I received a letter on the 1st march saying that on the 6th April they will be charging me £28.00 for an unauthorised overdraft charge and I think that another charge of £39 for a unpaid D.D will be added in the next few days as I don't think the Halifax cancelled a dd in time.

 

I have a few questions for the more clued up ones on here:

 

* can I included the overdraft charge which has not been added to my account as of yet but I have letters for

 

*They have charged me interest and I have added that into the total, is that ok?

 

 

I knew my new filing system would come in handy I have all my halifax statements since I opened the account and nearly all the letters they sent regarding charges to date (apart from the ones i ripped up in frustration)!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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I am so angry this morning I got my first weeks wages paid into my account which as of last night would have cleared the unauthorised overdraft limit and left me with £10 in my account which could have been used by me for travel to work next week. However Halifax have added another charge between last night and this morning to the account and when the wages went in it left me £27 overdrawn.

 

Currently on the phone to them spoke to 3 different people before getting a nice lady who explained that the letters they send out re charges are a courtesy and the Halifax don't need to send them! I have expalined that this charge has left me overdrawn yet again when I expected to be in credit and if they were going to be applying charges a letter notifying it would have been nice.

 

 

She went to her manager who agreed for the charge to be cancelled and the money put back in but it can take upto 48 bank hours for this so it may not go in till tuesday as they are very busy! they can take it out a a press of a button but not put it back in!

 

Im off to work now in my car which is sitting on Orange for low fuel please pary that i get there without running out of petrol!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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I have been charged for exceeding my overdraft limit and when i phoned the Halifax they said that it is part of my contract that i do not exceed this and so my charge remains. What do people think and should i now write the standard letter asking for repayment?

 

PAul

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I have been charged for exceeding my overdraft limit and when i phoned the Halifax they said that it is part of my contract that i do not exceed this and so my charge remains. What do people think and should i now write the standard letter asking for repayment?

 

PAul

 

 

Read the FAQ's and you will learn a hell of a lot!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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the halifax need to send letters, the banking code says so. it also says they must give at least 14 days notice before they take the money.

 

Really thats very interesting as the guy I spoke to this morning stated that its only a courtesy and the charge applied to my account was from the 23rd March which made it 7 days and not the 14. I must look nito this further as if its the case that it should be 14 days a letter of complaint will be going to them.

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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Taken directly from the banking code.....

 

5 Charges

5.1 When you become a customer, we will give you details

of any charges for the day-to-day running of the

account you have chosen.

5.2 You can also find out about these charges by:

• phoning our helpline;

• looking on our website; or

• asking our staff.

5.3 If we increase any of these charges or introduce a new

charge, we will tell you personally at least 30 days

before the change takes effect.

5.4 We will tell you the charge for any other service or

product before we provide that service or product, and

at any time you ask.

5.5 Before we take interest or charges for standard

account services from your current or savings

account, we will give you at least 14 days’ notice of

how much we will take.

 

 

Whether bouced cheque and DD charges count as 'standard account services' is another matter

Paul

 

Halifax Status

LBA Sent 11/04/06

1/3 offered by phone 20/04/06 - Rejected

BCT Status

Statements Recieved 31/03/06

Capital One Status

Recieved Lie/Reply 24/04/06

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Taken directly from the banking code.....

 

 

 

 

Whether bouced cheque and DD charges count as 'standard account services' is another matter

 

 

Well I will be sending an a letter asking them to clarify the situation!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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  • 2 weeks later...

after spending afew weeks getting all my info together and also getting another bank set up in case the Halifax took xvasive action with my account, I finally managed to get the first etter completed today and it will be hand delivered to my branch in the morning!

 

Fingers crossed!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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I have had a reply from the Halifax, basically its a standard letter saying a customer service mamager will investigate the poits raised and contact me within 4 weeks :eek: and I also got one of those leaflets as well re complaints!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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Dont be put off by this 4 week bullsh*t....

 

It is their procedure to look through and review the situation. I predict in about 12 days (easter Hols and all) you'll get theletter offering a pittence of a refund.

 

Most importantly stick to your deadlines and dont be put off.

 

Good luck

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Dont be put off by this 4 week bullsh*t....

 

It is their procedure to look through and review the situation. I predict in about 12 days (easter Hols and all) you'll get theletter offering a pittence of a refund.

 

Most importantly stick to your deadlines and dont be put off.

 

Good luck

 

Aye, i am going to stick to the 14 days that i stated in my inital letter and take it from there, In this day and age it should take no company 4 weeks to respond

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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**** UPDATE****

 

Received a letter from the Halifax this morning giving me the usual bumf about charges and other organisations etc. However the "kindly" offered me £184 as a gesture of goodwill, i originally requested £330.57. They have also sent me an acceptance form to agree a full and final settlement.

 

Hiwever I do not want to accept the £184, what shall I do now? Write back and accept the £184 and state that I will be looking for the outstanding balance owed to me or continue with the next stage,

 

BTW i have to say they were quick with the offer as I only sent off the 1st letter on the 12th April

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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Yes that is quite a quick response - i don't have much experience to advise you as to what to write back really but good luck anyway.

 

I hope they are that quick to respond to me!

Halifax -

LBA sent 12/05/06 for £1,232

 

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Guest blindman

If you look over a few posts you'll see the same scenario's occuring.

 

In my opinion you could

 

1) 'Phone and tell them you'll accept the £184 but will continue to pursue the remainder.

Response will probably be to either say it's £184 or nothing.

or they could up the offer, but not to the full amount.

They may offer you it all :rolleyes:

 

Either way you will have an answer quickly on which to act-(LBA probably).

Only downside is that you have no record of this and you are inside your first 14 day notice(but IMHO I don't think it matters here).

 

2) Write a letter instead of phoning and you will (probably) get the same response back.

It will be slower, but at least in writing.

 

3) Send the LBA starting off with "Thank you for the offer of £184 but as stated in my first letter I expect a full refund" or words similar.

 

That way you have moved the case forward and the 14 days is ticking.

You'll probably get a response as at 1).

 

Good luck

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Thanks for that I think i will write to them and tell them i will accept £184 as an interim payment but will pursue for the full amount

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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  • 3 weeks later...

Just a wee update I sent the LBA on the 30th April - (I was late sending it due to be being ill) and i haven't heard anything to date. In the LBA i said i would accept the £184.00 as an interim payment but would be pursuing them for the full amount.

 

I have my Answer Phone on at all times as they stated in the first letter they tried calling but couldn't get a hold of me so i would expect them to leave a message :D

 

I am hoping that something will come in the post in the next few days the clock is ticking!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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I sent off my lba last sunday and to date I have heard nothing from the Halifax by telephone or letter. I am going to stick to my 14 day deadline but I am curious to know if anyone else has had this from the Halifax. I am seriously tempted to phone them to see what they are playing at.

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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I never once had any from Halifax at any time.My letters were sent by recorded delivery and i phoned also to see if they had received them,no harm in that.They said they had and would reply but never did.

 

They did acknowledge my court claim though.As long as you know the letters were received that should be fine.

DPA Letter sent 28 Feb

  • Statements Received 24 Mar
  • Prelim sent 24 Mar
  • LBA sent 12 Apr
  • MCOL 26 Apr
  • Acknowledged 3 May
  • Coming soon:

£2810 inc int. Halifax. Done and Dusted 16/05/06

Dont forget to donate

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Well done Sean sounds like your claiming was very straight forward - hope mine's like that. Still awaiting statements!

----------------------------------------------------

Halifax: Amount owed £1,392.00.

Data Protection Act arrived 30/05/06.

Prelim letter sent 31/05/06

Partial Offer reply rcvd 06/06/06 - £160.00 (Rejected)

LBA sent 14/06/06.

Partial Offer reply rcvd 21/06/06 - £485.00(Rejected)

MCOL filed 28/06/06 : Claim no: 6QZ42413

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