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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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    • If you are buying a used car – you need to read this survival guide.
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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.

      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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Hello,

I am a sales person and incur travel and the occasional entertainment expense which is reimbursable by my company. Some months ago the company introduced a policy that all expense claims must be made within 60 days of incurring the expense.

 

I made a claim recently that was 30 days later than the policy permits. the claim runs into several hundred's of pounds. I have no valid reason as to why these were claimed late apart from having overlooked the submission.

 

Now, the company refuses to reimburse these stating that the reimbursement claim made is not within company policy. Several emails have been exchanged in this regard. Every expense in the claim has been made solely towards company purposes.

 

Is it legal for the company to act in this manner and do i have any recourse to recover my money.

 

Many thanks!

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Not really, I would say that reclaiming expenses 3 months after they are incurred is a little excessive.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Our company has a similar policy expenses must be claimed within a certain period of time, I do mine quickly as I do not wish to subsidise my employers with my money.

i would say that if it is the policy then they may as a discretionary measure allow this claim if it is the first time you have submitted it late, have they said a flat no or is there any room to manouver

If I have been of any help, please click on my star and let me know, thank you.

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I too have a similar policy with my employer and they are quite strict about it. Beyond pleading with them to accept the claim, I do not see that you can force them to accept it.

 

I am just wondering (and others with a better knowledge of tax) whether you could instead make a claim through HMRC via a P87? You would need to get the receipts back from your employer, but a submission to have the expenses set off against tax would not be limited in the same way.

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Thanks for your response and advice. The official answer has been a flat "no", but i am told off the record that if i can get some upper management intervention the payment should eventually get made. So I guess I will have to plead the case higher up and hope I can secure someone's help without losing my dignity entirely :|

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You are right sidewinder, if the OP goes on HMRC website they can put P87 in the search box and download the form.

As long as the expenses are incurred wholly, necessarily and exclusively in the performance of the duties of the employment and are obliged to be incurred then they can be reclaimed.

One thing that does concern me as an aside is that the company can claim for reimbursed expenses In their company accounts which is deducted from gross profit... So I do hope that on those occasions when they do not repay them that they are not trying to claim back the ones they don't pay!

Gbarbm

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After considerable asking around the accounts department and friends in other company accounts departments I think I conclude that employers are able to withhold expenses should they choose to do so for reasonable cause including breach of policy. I believe that there is no specific legal guidance concerning this matter.

 

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

 

Here is a summary of the stuff i have heard regarding this. I must state clearly that this is only informal information I have gathered and does not reflect any qualified or legal advice on the matter.

 

if an employer DOES NOT HAVE an expense policy then the employer may choose to withhold expenses indefinitely or simply deny them. An employer is not obliged to reimburse an employee unless stated in contract or policy).

 

if an employer DOES HAVE an expense policy (that has been communicated to staff clearly) then both employer and employee are obliged to follow the guidelines published, as long as such guidelines are not unreasonable.

 

in the US the IRS advices companies to create an "accountable plan" by which staff can claim itemised expenses due to the tax implications of such claims. The HMRC probably requires similar?

 

In California there is apparently a law that obliges employers to reimburse expenses for up to 4 years from the date the expense was incurred! (cannot verify this apart from Internet forums).

 

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

 

In my case, I happily discovered that certain people with the right designations continued to get reimbursed despite submitting late. A friendly corridor conversation with the Finance Manager, with just a gentle query on possible discrimination due to seniority , saw my payment made within 2 days.

 

A happy conclusion for me but a hard lesson learnt.

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