Jump to content


  • Tweets

  • Posts

    • Did farage get to see trump and kiss his  err boots after being 'called' to see his err mate? I cant see any reference to trump even seeing him? Trump to busy ? LOL
    • understand that HB, yet much of it that has 'come out' seems smoke and mirrors - like the pointing at and questioning of data clerks   the core issue remains the same Who set these practices, and hid the known data issues? Vennells obviously presided over it and has no excuses - but those gov board members effectively were her bosses - representatives of the shareholder. If they weren't embedded in the issue, then why wasn't there more openness and correct direction from them? Including replacing Vennells etc Like with vennells - no excuses.
    • 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
  • 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
        • Like

The journey ahead


Jacksy1980
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6598 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Im new and after reading all these articles and seeing interviews and articles regarding the challenge of fees, i have decided i will try to get my fees etc back.

What i would like is some advice possibly from people who have taken these steps and are with smile.

I think ive been with them for over 6 years, so i will 1st of all be asking for a full list of charges and overdraft fees, if thats right.

Ive read with intrest that it says you must make sure you have enough funds via online statements. Well i find ive been charged when the online statement shows a cheque or debit to have been paid, only for me to check the next day and find that ive been chrged, the DD will be claimed another day and that it was because i didnt have enough funds in my account. So how good are there 24 hour online statements, if it says 1 day i have the money and a payment has been cleared and the next day the opposite has happened and im out of pocket!

Just last week i was charged £75 for a similar thing, had a cheque and debit go out, checked online to make sure i had enough in the bank, which showed i did, budgeted for what money i could take out the cash machine without leaving less moneys in for the direct debits. And bingo im charged.

 

Well il keep everyone posted and would aprreciate any advice. I will be reading the questions and answers to see if i am doing everything correct.

thanks

Link to post
Share on other sites

I will be reading the questions and answers to see if i am doing everything correct.

thanks

 

All the best for your claim - if you follow the FAQ's you will be fine. The main thing to remember is that the banks are the ones in the wrong. Keep to the deadlines you set, and stay strong and focussed.

 

 

 

 

 

 

Link to post
Share on other sites

Calculate of your charges going back to the beginning. Don't worry about the six years at the moment. let them bring that up if they want.

Link to post
Share on other sites

Calculate of your charges going back to the beginning. Don't worry about the six years at the moment. let them bring that up if they want.

I have to ive been online and the statements on there only go back till 2004, so i dont wanna miss out 4 years. Ive read the F.A.Q just confused, do i add up the service charge, and the daily excess charge or leave one of them?

Link to post
Share on other sites

When I say not to worry about the six years, I mean if it is 7 years or 8 years start claiming for everything.

If they want to bring up the question of the lmitation period then it is up to them.

 

As fas as which charges to claim for, I don't reconise the names you give. very company has different names.

You claim any money which was taken from you because you transgressed on your acocunt - plus the interest they charged you on those charges.

Link to post
Share on other sites

Sent a letter today asking for a list of all chrges that they have given me on my account.

So just waiting now.

Once i get a list do i also count up the Debit intrest per month on my overdraft? As well the service/excess charge, daily excess charge and of course commission on bounced cheques, debits etc

Thats the part im un sure about at the moment.

Il keep you posted

Jack

Link to post
Share on other sites

Ive read the FAQ again, so obviously i cant claim for the Service charge, as they have provided a service. But il go for the others! I added up commssion charges and daily excess charges that are on my statements(online) for the last 2 years them alone add up to £400 and theres possibly 4-5 years i dont know of yet! Fingers crossed then

Link to post
Share on other sites

  • 2 weeks later...

UPDATE

After asking for a letter regarding all charges and moneys owed, i recieved a letter today(headlined as the co-operative bank) stating that they acknowledge reciept of my request for a copy personal data held by the bank regarding my account. (they say its called subject access request)

They acknowledge my £10 sent to them and the information i requested will be provided within the next 40 days.

So fingers crossed, now do i still keep to my 40day deadline or now wait 40 days from the date of the letter i recieved from them?

Jack

Link to post
Share on other sites

  • 2 weeks later...

The cheque cleared a week ago that i sent them to see my data.

So i sent a secure message politely reminding them that the 40 day deadline will soon be upon us.

They have replied saying a letter was sent to me acknowledging my request and I will recieve the info 40days from that letter.

So i politely reminded them that I set a perfectly reasonable deadline and if this is not met I will start my procedures for all charges and fines I have been given and told them I am prepared to go to court.

 

Im trying to make it clear that ive set the deadlines and they play to my rules! I wont be bullied into waiting for them.

 

So looks like things are getting intresting.

Link to post
Share on other sites

The Subject Access Request begins from the moment that your application and payment is received by an appropriate person. I think that you can say that as you sent your application on the sixth, that the date of the application is effective from the ninth.

 

I think it would be worth pointing this out to them. However if they do overshoot by 10 days there really won't be much that you can do about it.

 

Keep on sending them reminders and on the expiry of your 40 day deadline you could send them a 10-day letter before action, assuming that you are prepared to bring a DPA claim in the courts.

Link to post
Share on other sites

  • 2 weeks later...

I rang them yesterday and the woman said something should arrive within 10days, so Ive given them 10days after that, Im sending a letter of action.

And to make things worse check this out, for a few days theres been a £25 commission charge placed on my account, which has taken me over my overdraft limit, which will incur more charges. I was disgusted so I asked what the charge is for.

They said it was card misuse as i made a payment to topman of £60 and they had to cover it.

Funny because I made this payment on pay day when I had over £300 in my account, and when I went to the cash machine later that day it had accepted the payment so I only had £240 available balance.

Being mad I told them this and said it looks like your charging people for having money in there account now! grrrrrr

Link to post
Share on other sites

Hiya Jacksy,

 

I had same problem as you with that 'card misuse' line. I told them that there was money in the account when I used my card to buy a mobile phone but they said that it depends when the store processes the payment (could be a few days later). As this was after a variable DD went from my account and before a cheque payment had cleared, I was then overdrawn.

 

It's like rubbing salt in the wound as you have to pay charges for the retailers who can't be ar**ed to process transactions promptly. Grrrrr

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

Link to post
Share on other sites

I know how you feel but who are we to believe?

As the money had been taken that day and I couldnt use it, you would think thats it, its gone transaction done.

Oh well I guess its more to add onto the charges they can pay me back.

Funny thing is they replied to this secure message, but im still waiting for them to reply to at least 3 secure messages regarding my data, and possible court action.

Link to post
Share on other sites

Perhaps they use this way of processing transactions to generate as much as they can in 'charges'. That way they can restrict what you can withdraw, then tell you you were overdrawn after bouncing a few payments and earn more cash for themselves. Or am I being cynical ;-)

 

Anyways, that was before the tidal wave of claims that everyone is filing from here. Like you say, more for you to get back eventually.

 

Also know what you mean re: secure messages. Some sent to me disappeared after I had read them when I had questioned charges to my account!!!

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

Link to post
Share on other sites

Got my data through today, added it up and it comes to £975 that excludes debit intrest charges for my overdraft, do i add this as well or just leave that?

I understand i only add the 8% if i am going to court right?

Link to post
Share on other sites

I'd just go for the £975. Addin the debit interest can get a bit complex as others have said on the forum. I'd give em 14 days but keep pushing for 2-3 times per week.

 

If they want to play brinkmanship, then they have to pay the 8% and court costs. No accounting for their line of thought sometimes ?

Smile: £2,522 full payment received,

Citi Cards: £693.71 balance written off. Full value of Court claim,

West Brom Building Society: DPA request sent 15.05.06,

Capital 1: £220 claimed LBA sent 15.05.06.

Barclaycard: DPA request sent 16.05.06

Link to post
Share on other sites

Bingo, i finally got a reply regarding my DPA, apparently its been sent out twice, but get this, ive had a reply, the title..MANAGER

Hes apologised for the high levels and has asked for a run down of charges I am not happy with.

I sent him a copy of the template, starting action which includes charges, via secure message, as well as the same letter sent via mail.

Sounds good

Il keep you posted

Jack

Link to post
Share on other sites

Sounds promising. Smile seem to be sensible and saving themselves a lot of time and trouble, not to mention court costs by paying up quite quickly. At least I hope so, as I've asked for my charges now as well.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

Link to post
Share on other sites

  • 2 weeks later...

Sent a secure message off on sunday asking for an update into my claim, come wednesday still no answer so I phoned them, and the nice chap on the other end told me someone called chris is looking into my claim with the legal team and I will get a responce by 30th June. The 1st 14day deadline is this saturday, so as this site says il keep the pressure on them and if I havnt heard anything by saturday il send out the next letter, giving them another 14days.

Have ive learnt by people on here, smile have been quite sensible with these claims and looks as if they know there in the wrong and dont want to dilly dally about.

Il keep you posted

Jack

Link to post
Share on other sites

  • 2 weeks later...

The 1st 14days expired so i sent the 2nd letter before action, I also sent it as a secure message and asked for an update, Suprise suprise no reply.

So i rang them asking saying ive sent lots of messages and find it frustrating that you havnt replied. The woman on the end apologised and wen tto ask about an update. I got told that il be told before end of month. She was being really nice, and definatly wasnt reading off a script. SO fingers crossed

Jack

Link to post
Share on other sites

As long as that is within your timescale and you are happy with it then fine, but it must be on your terms.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

Link to post
Share on other sites

Just had a letter today from someone called Chris Hopkins of the complaints team.

Basically it asks for a copy of the subject acess request i asked for way back in may,. I rang to ask what this was and its just the statements i wanted.

So now i have to send this to him at an address in skelmersdale.

 

He says he will deal with it personally as quick as possible.

Ive sent it today by recorded and have let him and the smile team know that my deadline still stands.

 

Just wondering if anyone else has b een at this stage?etc

Link to post
Share on other sites

I read that someone else has been sent the same letter by this person.

Im just wondering everytime i ring im told there looking into it, thats fair dos i guess abd obviously its just someone reading notes from the screen, but we both set a deadline for the end of the month.

I have been told they will let me know there decision by the 30th which is also the end of the 14days for the 2nd letter i sent.

So if ive had no responce, i want to ring up and i dont want to be told there looking into it, i want to speak to someone who knows what there doing, any advice from others who have been in this situation about how to go about it?

Ie any names i can ask for, things liek that.

Im going away next wednesday so if i start a court claim i wont be here for a week, which could stop me from sending letters, answering calls etc

Thanks Jack

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6598 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...