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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
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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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Bos (Stalling Me)


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Hi,

 

I am really new to this so please be paitent with my ramblings.

 

Firstly i got the original information from another site (shock horror) before i discovered this one which may i add is brill.

 

I sent away my 1st letter requesting my bank statements and recieved them in good time (hurrah).I then calculated my charges and interest (however i think i have not asked for enough in interest as the other web site was not to clear on how to work it out) based on looking at spread sheet and other postings.The ammount comes to nearly £7000 pounds and thats me short changing myself (big frown).

So i send them a recorded delivery letter with guaranteed delivery by the 05/12/06 giving them 14 days to respond on the 14th day i received a letter back form them they are sorry i am unhappy with the charges and that i would receive a reply shortly but no later that 4 weeks.

 

So i gave them the 4 weeks which was the 3rd of January and gave them a call, they told me that a letter had been posted to me.So the next day i received another letter from them saying " That they are sorry that i have not had a full response and they are still investigating my complaint and i will receive a response as soon as possible but certainly no later than the 2nd of Feb".

 

I dont know they are just wasteing time? I was going to send them another letter demanding a response in 14 days or i am going ahead with court action.Is this the right route to take.

 

I was considering just giving up but its a heck of a lot of money.

 

Please help

 

Trish

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Hi Trish.

 

I was considering just giving up but
That is the whole idea. That is what their intimidatory practises are geared towards. That's the idea behind their slow response times.... frustrating you into giving up your claim.

But you're on the CAG site now, and we DON'T give up.

That's the the reason we always advise you to stick to your own timetable and not allow them to railroad you.

Our timings are as follows...

Prelim. letter, giving them 14 days to respond.

Letter before action, giving them a further 14 days to reflect.

Moneyclaim or N.1 form.

Don't let them delay you any more. They have had more than enough time already.

Go to Moneyclaim On-Line or fill in form N.1 and take it in to your local county court, yourself.

 

Good luck.

Regards, Rooster.

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Hi, Trish. Please do not give up. It's your money and you will get it back!

 

Best wishes.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 5 weeks later...

Hi Garfieldb,

 

It's still about £2,000 less than you will get if you persue them.

In the end it's up to you, but you would get the full amount.

 

Best wishes.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Garfieldb,

 

It's still about £2,000 less than you will get if you persue them.

In the end it's up to you, but you would get the full amount.

 

Best wishes.

 

Regards.

 

Scott.

 

And that's not even including the amount you have short changed yourself by!! If it were me, I would learn the calculations properly, rewrite your prelim, send them another letter with the revised amount and go from there.

 

THAT SAID, you have been offered a nice lump sum, this is certainly better than giving up as you said ;)

 

Obviously, you do as you please but I would certainly have a think about how much you want / don't want the extra 2-3 grand.

 

JMO

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RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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I think i will accept i know i am losing out but it is something that i never considered doing in the first place so i think a big pay like that is a bonus. :)

 

 

I dont know if i could be commited enough to do the court stuff and with that ammount i think by what i read i would have to apply for court action several times.

 

I have not had my offer letter yet that was just a phone call to the Bos so i suppose there is still thinking time.:???:

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In which case congratulations on your success ;)

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Another Twist in the Bos saga,

 

I got home from work today to find a letter from Dunfermile Customer Relations saying they are going to offer me £2,855.50 so i gave them a call and i spoke to a guy who said there was two letters on my file 1 saying about the £2,885.50 and another 1 saying about the £5,250 but they sent the one offering £2,885.50.

 

So he then asked if i was sent the 1 for £5,250 would i accept.I said yes or i would have to continue with court action and he said he would pop it in the post.

 

This is a bit weird dont you think.

 

Also The return envelope is marked Customer Relations Halifax Plc Leeds.

 

Also can i demand a cheque cause my old account doesnt get used any more.

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