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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.
    • 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,    
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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.

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      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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Jill F Vs First Direct


Jill F
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I'm just starting to look into this whole process of claiming back charges.

 

It will all be overdraft stuff that my claim will relate to but I am a little confused as to exactly what to claim for .

 

I've tried to get clarification from other threads but I am still confused! Sorry, might be a bit thick! Financial stuff has a habit of making glaze over...

 

I have on my account, 'Excess O/D fee', 'O/D fee' and 'Interest'. Depending on my spending some months have all or some of the above. The only charge that is constant is 'Interest' as my account is always overdrawn.

 

Please can somebody help me to understand exactly what I can claim for.

 

Thank you.

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Hi Jill,

 

It really does take a few days to get your head around all the arguments and all the information, but everything you need is in the FAQs - there is even information as to what is recoverable and what is not.

 

You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'first steps.' Start this, be clear on what your first step is (requesting the info from the bank so that you can calculate what they owe you)

 

Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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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Hi Jill. Welcome to the site. I have just put a court claim for FD for my daughter. Basically you can claim back excess o/d and o/d charges but not interest. Have you got your statements available or do you need to request them?

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Thanks for your reply.

I'm self employed so I think I may well have 6 years of statements in my old files. However, being in the process of moving house these are in storage at the moment! I do understand how to request them if necessary, that feels like the easy bit.

I have quite a large overdraft with FD and I am worried if I set the ball rolling that they may try and close my account and demand repayment of the o/d. I couldn't repay it myself at the moment, but thought if I added up the charges they have taken from me, if this covered the o/d then I would know it could be repaid... by them effectively!!

If you have any other advice it would be gratefully received.

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Hi Jill. My daughter also has a large overdraft but her charges are more. In the letter we sent from the library section of this site it does state that when the charges are repaid the overdraft will be cleared. Unfortunately the bank can close the account so most of the advice on here recommends that you already have, or can open a 'piggy back' account just in case . My daughter already has a halifax acct and isn't bothered if they close it. I think the bank can't close the account while you're disputing the charges, but I'm sure one of the mods will verify this for you. We got the statements quite quickly, and given that the schedule is 1st letter 14 days, letter before action 14 days then small claims application, the sooner you've worked out how much they've taken from you the better. Read Mondeo's threads as he's already made his court application and is a step ahead of us. Its nice to read other peoples progress, and I've found FD follow exactly the same process with everyone, so you know what to expect. Good Luck.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Hi Vix.

It has just occurred to me that even if the charges don't amount to enough to pay off the whole of my o/d and lets say worse case scenario FD do demand repayment, I could always do a 0% balance credit card thing to pay off the remaining amount couldn't I!?

That thought in mind I feel a bit better, so will look into opening another current account just in case and continue to do my sums to see what they owe me.

Will look at Mondeo's threads too, thanx for the tip.

I'll keep you posted how I get on, would love to know how you progress too.

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Mondeo's just posted saying there's a problem with his court application. Something to do with not putting the interest in the right place on the form. May have to re apply. So his might be delayed now, which is a blow.

 

I really don't think they'll close your account while you're claiming as this would be seen as unfavourable by the court. If your charges pay most of the od off your new bank may give you an od to cover the balance?

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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I've just finished doing my sums. Although I'm missing at least 12 months worth of statements over the past 6 years the charges so far are just under £1,000. Well worth claiming back, don't you think! I shall wait for the move to happen first, to see if I do have the other statements in storage and just so I can focus on one thing at a time!!

I know you said I could claim Excess O/D fee and O/D fee, are you 100% sure? Simply because I'm sure I read somewhere that you couldn't claim O/D fee, because that is what you pay for the service they offer you??

I shall go and have a read through Mondeo's stuff now.

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No, they are both illegal penalties and do not reflect the amount your actions have cost the bank. Your interst more than covers their losses. Be assured all my claims include both. Charges are not a service.

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If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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No probs. have a good read and if you've any questions, ask. Someone should be able to answer you. When I joined I spent hour poring over different threads and still have to ask question, sometimes.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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