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    • 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
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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
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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.

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      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

Mortgage Express Switching to Buy to Let problems


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My wife and myself bought our house in 2007 for £141,000 with a 10% deposit. We were just married and took on an interest only mortgage with Mortgage Express to get us by the first few years of married life without too monthly outgoings.

 

Fast forward 3 years and we had our first child with the second one on the way and we decided we would make some efforts to move to a bigger house as we are self employed and business has been growing and space was going to be in short supply. We decided since the house was then heavily in negative equity we would rent somewhere bigger and rent out our mortgaged house until we saved up another deposit to buy a bigger house.

 

Fast forward another year and we now have someone renting our house, have some savings but not enough for a deposit so probably looking at another 1-2 years before we can buy somewhere else.

 

Now for the part which is the reason I'm posting here. We decided to do things right and let Mortgage Express know we were letting out the property and they subsequently informed us there would be a small fee of about £300 to do this. After we sent through all the necessary paperwork, they then replied to say this had been received and they had granted 1 year till July 2012 for this arrangement to go ahead and after this we must;

 

1) Redeem the full amount of the loan

 

OR

 

2) Move back into the property

 

I checked Zoopla and according to them the value of the property is now about £80,000 although a smaller house on the same street was advertised in our local estate agents for about £105,000.

 

What are my options here since we're probably looking at negative equity of at least £20K and having to fork out £40-50K just to remortgage this house isn't going to be possible in July next year? (probably)

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Hi and welcome to CAG.

 

Was the £300 for a new mortgage?

Can you confirm that their was no mention of the time limit before you signed the paperwork?

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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.

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  • 2 weeks later...

Thank you for the welcome! The £300 was the "admin" fee to allow us to switch from living in the property to renting it out. Before we sent the £300 there was no mention of it only being for a 12 month period. They stated it would be a 12 month period after they had deposited our cheque.

 

The way I see it, we have 7-8 months to come up with £40,000 if we want to switch to another mortgage provider on the house or we'll have to cram back into the house. The 2nd option is the absolute last resort... the people who are renting it are very keen to stay there for several years and we are trying to save up to buy the house we are currently renting.

 

It would be a bit humiliating to have to move back into our previous house but if that's what we have to do then I guess we'll have no option....

 

Hi and welcome to CAG.

 

Was the £300 for a new mortgage?

Can you confirm that their was no mention of the time limit before you signed the paperwork?

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  • 4 weeks later...
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