Watching your comments @ Summers_mummy

Likewise, the £30 they are withholding as a "credit note" is small fry compared to the loss of revenue from the number of people who I will make sure gets visibility of the issues surrounding this company. Companies like this think they are untouchable however their user agreement appears to be full of holes. They make the assumption (and this comes from the horses mouth) that you don't talk to yellow pages if you get an issue with a 3rd party company, instead you contact the company, however there are 2 important factors here, 1) Yellow Pages don't charge you a fee and deposit and then withhold your refund as a "credit note" 2) If the 3rd party company doesn't receive the deposit payment then how can you take legal recourse against them to ensure return of the money?

Ok. i've been doing a bit more research into their "User agreement" to boost validity to my claim where they state the following; "2.1 We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Site." Is this condition incorrect as they ARE involved in the transaction, i.e providing what is effectively an Escrow service between user and transport provider? This "neutral venue" statement sounds like a massive hole to me, for example if I owned a cake shop I could say that "we act as a neutral venue through which users can select the cake of their choice given the quotes displayed on the shelf" and then take a fee for providing visibility of the cakes. If the cake isn't actually a cake, but a rock then I have no recourse against the shop!

I listed an item on Shiply to be collected and paid a circa £30 fee however the delivery driver failed to turn up. I then requested a re-list however this wasn't acknowledged during their support hours so I had to submit a new listing for the same item due to to time constraints on the collection. I have since had the money from the first courier returned as a credit to my account but after the delivery fiasco and the fact that they do not vet their service providers I do not wish to use this service again. I have no recourse against the delivery driver as they don't receive the fee from Shiply so I am stuck with £30 in Shiply's coffers. Before i attempt a Paypal dispute followed by credit card charge-back via Paypal does anyone have any other advice on how to get my credit refund back in my account?

Ignore

Hi, the prelim letter asking for money back was sent on the 6th October, the offer came on the 16th October. We have not signed/returned the complaint settlement form yet. Is it worth (given the timescale) just accepting their offer?

Hi Jamie, Yes, you're correct, it was for partial settlement with the charges reduced to £12. That's an excellent letter template, should be in the stickies somewhere! Can you elaborate on the LBA bit, all we did was send a letter asking for the money back, they replied within the allotted time (14 days) with this partial settlement offer. It's now over a month since we had that letter as we were discussing what to do. Do we need to send an LBA now, or just send this letter? Many thanks for your help

Hi All, Just had a partial settlement offer from Capital One which we are rejecting, however i would be grateful if someone could just check this letter for the next stage if possible. I've put the without predjudice section in the hope of a quick settlement. EXECUTIVE OFFICE ERC DEPARTMENT CAPITAL ONE BANK PLC PO BOX 5281 NOTTINGHAM NG2 3HX **/**/** Dear Sirs REF: ACCOUNT NUMBER: **************** Thank you for your letter dated **/**/2006 I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxx As I have not received what I believe to be a satisfactory response with respect to your offer of partial settlement, I am writing to inform you that I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court. This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs. Without prejudice The charges I have claimed above total £ £xxx However, if you are prepared to pay to me £ xxx within 14 days of the date of this letter (and, for such purpose, time shall be of the essence), I am prepared to accept this lower figure in full and final settlement of my claim. I look forward for a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money. You have until 05/12/2006 to respond before Court action commences. You are reminded that there will be no extension to this timescale. I trust this clarifies my position. Yours faithfully