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

landlord responsibilities help??

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6408 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


Start your own new thread

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



Recommended Posts

Hi, I'm moving out of my rented house next weekend but I'm a bit unsure as to what my responsibilities to the property are and what the landlord should be required to do - aside from, obviously, the cleaning.

He's written me a letter stating that he expects the house to be 'fully redecorated to a professional standard' including the ceilings. However, the tenency agreement is extremely vague and only covers 4 sides of A4...it DOESN'T state that I'm responsible for redecorating, but it DOES forbid me from painting the interior in any colour other than magnolia (which I have done in a couple of rooms, so I'm happy to paint these back.)

I'm also unsure as to what repairs he can reasonably hold me responsible for. He has stated that he expects the house to be in the same condition as when I moved in, which it pretty much is, however I had a 5 year tenency (which I couldn't get out of without paying huge penalties) so, as well as the redecorating, there are a few things which will need fixing before new tenants move in. Off the top of my head these are: loose taps in the bathroom, a loose bannister, broken hinges on oven door, flourescent strip light which needs replacing, oven light bulb needs replacing, extractor hood light bulb needs replacing, I live in a 3 storey house and have fire doors throughout the house - 2 of the mechanisms came out of their bearings within the first few months that I lived here & I never bothered telling the landlord as my daughter was very young at the time and had trapped her fingers in them several times.

I'm on an EXTREMELY tight budget, so basically I need to know whether these are my responsibility or his as I can't afford to have any of my deposit held back!

(Also, my agreement states that I must pay £25 out of my deposit at the end of my term to cover professional cleaning services - I'm sure I've read somewhere that he's not allowed to do this - does anybody know?)


One more thing...my landlord also expects me to have the carpets professionally cleaned before I move out. After 5 years in the property with kids they're not in the condition they were when we moved in but shouldn't this come under wear and tear?

Link to post
Share on other sites

thanks george... the property was newly refurbished when I moved in so it was pretty much impeccable. Newly decorated, new carpets, etc. However, as I've been here 5 years, I'm sure there must be a certain amount of leeway as far as wear and tear is concerned? He can't seriously expect it to be in EXACTLY the same condition as when I moved in?!

Link to post
Share on other sites

I would agree and that is why im suggesting rather than worrying over it, best to ask him face to face what he can reasonably expect having in mind it has been a 5 year lease. I would suggest the likes of loose taps, bannisters, door hinges etc would fall under his duty of care, and the likes of bulbs, and the cleaning of premises you would take on. I dont see why you would be responsible for wear and tear and advise him of this if he says he is going to keep some deposit back regarding this.

Link to post
Share on other sites

As a matter of interest...Has he kept his side of the bargain?


Any points/damage you have raised with he should have taken care of.


There are statutory regulations which landlords must comply with and he is responsable for regardless of who caused the damage. A damaged fire door for example is ineffective in a fire and it is his responsibility not yours to ensure items such as these are servicable. Wear and tear is to be expected after five years. there would be no need for him to employ cleaning contractors if you clean it yourself to a professional standard. ( take before and after photos). Also photograph all the defects in the property now before he has a chance to fix them and these maybe used to your advantage if needed.


Did he supply any equipment with the property?


You should have had a mutually agreed inventory of the contents and defects of what was there when you moved in ( signed by both of you).


Did he comply with regulations regarding gas/electrical/fire inspections?


If is being unreasonable........ you could report him to the local authority/HSE.

And if justified I guarantee he would'nt want this. But get the evidence before you approach him. HSE website will have all safety regs he should have met and your local authority will be able to telll you about non safety issues aswell.

Link to post
Share on other sites

To be honest, if you've been in a property 5 years, even if there is damage to some items (maybe with the exception of the walls etc) then the deductions (if any) for damage would be pretty small as there is few things that the expected lifetime is much over 5 years. Carpet and kitchen units maybe and even those the cost should be apportioned.


Have a read at these. Especially the section on betterment.


TAKE PHOTOS of any damage and of the property in general so you can prove the state of it when you move out.

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

Link to post
Share on other sites

Read through this link with regard to repairs, etc.


Shelter: Responsibility for repairs


If you are still in the property why don't you report certain jobs to the landlord such as loose hinges to oven and fire door mechanisms. Your are still the tenant and he is still responsible for these.


I was in a similar position when ending my tenancy on a tight budget, and worked really hard to put everything right. Alas the landlord is still withholding the deposit and I'm still fighting for it back!


Good luck, Joan

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...