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    • I don't think they did meet, TJ. I don't think Truss saw Trump either, did she?
    • I guess the inquiry will decide, I haven't heard or read the evidence the way they have.
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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,    
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      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.  

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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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Message for Sillygirl please - a PDL question


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Hi Sillygirl,

 

You mention on various post that if PDL companies took you to court we certainly would only have to pay the original loan plus interest. What if we have been rolling over the loans and in time the amount paid is nearly double the original loan.

 

Do we still owe the original loan plus 1 months interest.

 

Thank you for your help

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It would really depend on the judge, you would also need to let me know which company is involved as they all do different Particulars of Claim, it is the POCs which govern what type of defence needs to be done.

 

In this case the continual rollovers can be listed, as can any correspondence to the company in order to help settle the debt.

 

Remember these are supposed to be short term loans, if you have rolled one over more than 5 times the company are then getting into very muddy waters.

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Nothing at court yet, 1month loan are horrible people to deal with. I explained my change in circumstances before defaulting last month having rolled over 5 times. Original loan £200 paid in rollover interest £337.50. I wanted to make the payment plan before my last pay day and gave them good time but they ignored me until payment date. They then ring 3 times in work (this has now stopped after the boss telling them to get lost and not ring again). Four times voicemail, four texts a day. I have spoken to them who say that interest is accruing on a daily basis. They want a set up fee of £37.50 immediately and then will consider the payment plan. Total owing today £390.00.

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Report them to the Office of Fair Trading and Trading Standards, its the only language these people understand. You could also try the British Cheque Cashers Association which seem to be a governing body for PDL companies, don't know if they cover this lot....

 

You gave them plenty of notice that there would be a problem and they chose to ignore it.

 

I think if this came up in court and you were asked the chestnut 'Did you borrow the money' you would say yes, and add that you have repaid them x... game over.

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Thanks Sillygirl, I am quite happy to repay but certainly not the additional charges they have thrown on. £190 in two weeks disgraceful. I have kept all the emails I sent to them. The second call to my work was "tell her if she doesnt respond we will show up" - bring it on

 

Their emails say DONT IGNORE US WE WONT GO AWAY.

 

I will sit tight.

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Their emails say DONT IGNORE US WE WONT GO AWAY.

 

 

 

I think the Protection From Harassment Act 1997 might have something to say about that. Not only is it criminal to behave in a manner towards someone that a reasonably minded person would consider to be harassment, given the same facts, but also the Act allows victims to claim compensation for the distress caused.

 

While you are battling these monkeys, I would write to them advising that their emails are intimidatory and you deem them to be harassment and you wish them to stop or you will seek compensation.

 

I am sure that that that statement also is a nice breech of the Consumer Protection From Unfai Trading Regulations 2008 and should be forwarded to trading standards.

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He he he!!

 

These payday loan companies are getting more lax recently!! I've got an email from Wonga telling me that they won't stop dipping into my account for money until I make a repayment plan with them!!

 

Just need to sort my emails out on my laptop and I'll be letting the OFT have a copy of that one!!

"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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