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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.
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    • 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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    • 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.

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      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.
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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
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Orange Default - Satisfied but not removed


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Hi all..

 

I have been a n Orange customer since they tarted in 1994, and have had the same mobile No since then. Always been a "Band 5" spend customer, and my own handset bill is approx £1200 a year... The main account is paid up to date, and always has been, Orange have also always been notified of any changes of address on this (main) account

 

Anyways, over the past 5 or 6 years, I have, at various times had additional accounts for (ex)wife & Girlfriend etc...

 

Now on my credit file, for some reason, I have 2 - yes 2 defaults with Orange 1st for £108 on 11/05/01

2nd for £161 on 10/04/05 showing as satisfied

 

Now I was unaware of the 1st one, and only became aware of the 2nd a year or so ago, when I got a letter requesting payment, which I paid immediately.

 

I should say, that I moved addresses at end of 2001, again beginning of 2002 and to my current address in June 2002..

 

Interestingly, on my credit file, the address on the 1st default, of which I was unaware, is the correct one for where I was living up until Dec of that year, but I never received a default notice for it. Had I have done so, I would have paid it...

 

The 2nd default, dated Apr last year shows my PREVIOUS address, at which I have not lived since 31st MAy 2002.... So OBVIOUSLY I would have never received a default notice for that either...

 

So, I wrote to Orange with a CCA request, and got a letter back.... some of the contents being basically as follows

 

"I wish to conform the default for £161 is correct and no amendments will be made to your file....

 

In response to your request, I can conform that Orange do not retain copies of your original signed agreement. A mobile phone agreement is not a regulated credit agreement under the CCA and as such we are not required to retain a signed copy of your agreement

 

As your mobile phone agreement is not classed as a regulated credit agreement under the CCA 1974 we are also not obliged to send a formal default notice. In place of this we will send you a monthly bill and reminder letters which include information relating to the effect non payment will have on your ability to odtain credit......"

 

 

Now - I may be wrong, but if they have sent the letters and bills to the wrong address - surely they should remove the default?? They will have been notified of my change of address, as I have never had a prob receiving bills for my main number, and they all have the same paymeny and security details, and If I call about my primary number, the operator can always see my other accounts...

 

Secondly, and this is the funny bit... Since about July of last year, I have had 2 new handsets connected on pay monthly contracts in my name with no problems whatsoever..... So whilst they are happy to prevent me obtaining credit elsewhere, they are happy to give it to me themselves.....

 

What would be my best approach to this? Should I request that they stop processing my data on the closed accounts, or should I attack via the CRA route????

 

Thanks in advance..

 

Mike

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Well, it is a payment default (small 'd') and not a proper Default, like a CCJ or CCA transgression, these also slide off your credit file after 60 months, so I wouldn;t lose much sleep over them.

 

If you want to pursue it, you could remind Orange that if they place a default of your credit file, it must be fair and accurate. Having been a customer since 1994 you hope that they valued your custom over the past 12 years, but you are not happy at the misinformation, especially as you were never made aware of the first (despte them knowing of your address) and as for the second, this was sent to an incoirrect address, which would have been self-evident at looking at your file.

 

Should the company NOT agree to rectifying these defaults on your credit file, you will have no hesitation in taking your business elsewhere.

 

Interestingly, from memory the original Orange contracts - when Orange had yet to launch its service and was known as Microtel, no request was made to disclose your data to CRA's, so you may have a valid 'gotcha' as they cannot prove you DID provide your permission - never mind the CCA, but the DPA!

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Oh it gets worse lol... Just spoke to the author of the letter, told the 1st op to answer that I was recording the call - which I was..

 

Anyway, I explained, and she agreed that the default had been paid, she looked and could see no change of addy info, but when she looked at 5 other accounts of mine she agreed that they had all had the addy's changed on the same day - So I told her it was obviously and oversight, and could she therefore remove the default.. She got a bit stroppy and said, well you still owe the money, at which point I reminded her that it was settled andshe had agreed the same... She replied "no I never" at which point I reminded her that the call was being recorded.... She said - Well you never told me, so I am ending the call... And put the phone down!!

 

Interstingly, when I asked for the name of the Data Controller - she inssted it was OFCOM.....

 

Mike

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You read my mind just done a nice long letter voicing my "lack of happiness" gone in post RD about 10 mins ago....

 

I liked this bit...

 

"I would also like to know exactly where in the terms and conditions I agreed to, does it permit you to supply information about my account to a third party or credit reference agency, once the account has been terminated. I do not recall the phrase “ad infinitum” being part of those terms, and if so I request that you stop processing my data in relation to closed accounts and furthermore would suggest any supply of such data to a third party contravenes the Data Protection Act."

 

Mike

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  • 4 weeks later...

Hmm, still had no response to my letter, which was delivered to them on 09th - So what steps should I take now? Have already told them they have a duty to ensure any info they supply to the CRA's is accurate and fair, and that as they didn't update my account addresses, this is not the case - How can I force them to act?

 

Mike

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I still think you need to give them time to process the request. 28 WORKING days is not uncommon. Certainly if they ignore you, there's little power you REALLY have ad your disposal, but unlike other companies, they don't have a reputation for this!

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  • 2 weeks later...

Right - It's now been a month since they received my letter, according to the royal mail POD... So any suggestions, as I have had no reply whatsoever to my letter, or the fact that I said in in that I wished this to be escalated to a formal complaint???

 

Mike

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Cheers Buzby - Thats what I thought - wonder if it's worth doing an LBA type letter, along the lines of "I am disappointed by your lack of responce to my previous letters of complaint, and your failure to remedy the incorrect information on my credit file"

 

Blah Blah... But what action do I approach the court for? Is it an N1 job along the lines of "Defendant has supplied historically incorrect data to the CRA's which is having an adverse effect on my ability to obtain further credit - Even though the defendant has been happy to extend credit to me on several occasions since registering the defaults, and continues to extend new credit on a regular basis......" Should I put that I notified a change of address and it appears that it was not applied to all of my accounts, and therefore I was unaware of the defaults until recenty??

 

Any input appreciated....

 

 

Mike

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Firstly, the defentant never extended you credit - they were just agreeable to having you as a customer. A notified 'default' on your CRA record has no legal standing, so it is down to negotiation.

 

If the data was supplied in bad faith to CRAs, and I would contend it is - then you ask Orange to fix the problem and are ultimately unwilling to resolve the issue, you call on the courts to force Orange to remove the blight on your credit record, and pay your resonable expenses for so doing. (Say, £50 for your time and effort in resolving the matter and your expense in checking your credit records). It is also worth pointing out that if you no longer are a customer of theirs, your contract is concluded and they should cease processing any of your personal data.

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Hi Buzby, thanks for the response.. The defaults relate to 2 accounts that are nowclosed - BUT I am still a customer with a further 4 accounts - Is the processing of my data specific to the account, if you know what I mean? Any suggestions as to how an N1 would be worded in this case???

 

Cheers

 

Mike

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I'm not an expert on the N1 (I'm used to Scottish actions), however multiple accounts complicate things as they are kinda deemed to be read as one - so agreement to process data would start with the 1st contract, and end with the expiration of the last....

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