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    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
    • Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
    • Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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      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.

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when black is navy - concerto black pattern sofa from DFS is navy


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New to this forum but interested for any advice as to how we can return a sofa to DFS for full refund due to the colour of the plain velvet 4 seater sofa being navy when it is supposed to be black.

 

 

We purchased a 4 seater (black), 2 * 3 seaters (black, grey & white combination pattern) and a footstool (black) in the concerto range having viewed them on the website (where black was black and not navy). We ordered in-store but failed to look at the swatch which was more navy than black.

 

 

On delivery, the footstool and the 4 seater were clearly more navy than black, accentuated by the solid black silk scatter cushions which come with it.

 

 

The sofa was delivered on 20th May and the faulty footstool re-delivered on 30th May. we raised the issue with the colour in store on 16th June. DFS sent technicians out on 20th with the swatch basically to say that the sofa has been delivered in the correct fabric (as per the swatch) albeit navy.

 

 

We went back in store on 20th June to speak to store manager who basically said that they had delivered what we had ordered. The website says 'colours may vary' and therefore despite the picture clearly being black, they are covered in delivering a navy sofa.

 

 

If we want to return the lot, they will charge us 20% fee i.e. £645. They have offered to reorder the 4 seater in pattern and recover the footstool in silk but want a further £100 off us to do this. This is after paying over £3,500 for the total package in the first place.

 

 

It doesn't sit well that a) they can actually sell a combination sofa, they describe as black, when it's navy and b) they want to charge us more money to rectify the problem. In addition, they are actually selling the set for £213 cheaper than when we ordered it and won't price match because we didn't notify them of this before we accepted delivery.

 

 

Where do we stand legally and is it really worth the hassle of taking DFS to small claims court to get a full refund or should we stomach the extra £100 and simply post on social media that black is not black when it comes to buying off DFS!

 

 

Many thanks in advance for any comments or advice

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Not too sure about this, since you had the opportunity to check the colour in store as well. There might be a way to get a refund or swap. Hopefully someone will be around soon to advise.

 

Also, with court, i doubt much will happen. As you clearly said the swatch was navy but you didnt check it. A court would see the same as well. perhaps write a letter to the CEO and ask POLITELY if he could do an exchange. That way you get what you want and he gets a satisfied customer and possible good publicity.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi mercerj

 

Welcome to CAG

 

How did you pay for the sofa? As you bought the Sofa instore, SOGA applies.

 

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

 

If you could stick up some pics that would be great, to get a better idea of your complaint. If I paid £3,500 for black sofa's that is exactly what I would want, not 'navy' or any other variant.

 

Just because it's in their T & C's doesn't make it fair.

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Hi rebel11,

 

 

Thanks for the welcome. We took out 4 year finance option with a £239 cash deposit - does that make a difference? I've attached a picture but as was mentioned when I showed this in store, they referenced different lighting makes things look different - I suppose this is going to come down to interpretation; but I agree, just because they caveat in T's & C's, doesn't make it correct. By stating that colours may vary, you could order a red sofa online and they deliver a white one and DFS are covered by the 'colours may vary' clause - I don't think so.

 

 

Here's hoping.......

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Hi mercerj

 

Having looked at the picture, it's definitely not black.

 

Don't speak to them over the phone. Write a Formal Letter of Complaint, mark it as such. Explain whats happened (ordered sofa), how they have let you down (sofa delivered isn't black as demonstrated by the picture, navy/black) and what you want them to do (refund/exchange). Send pics. Tell them if they can communicate in writing that would be helpful.

 

Send it to:-

 

Mr Ian Filby

Chief Executive

DFS

[email protected]

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Hi rebel11, thanks for the quick response. I'll write as you suggest and see where we end up. Will post any updates on here.

 

 

Many thanks for your advice

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DFS have a bad reputation for sorting complaints out. head offices approach is the store managers offer is final. write in your letter of complaint to head office and when they tell you sorry but thats all thats on offer.

open a case with the furniture ombudsman. you argument will be under the SOGA that you ordered black. if the salesman called it black then you got a case.

questions will be. did you see one on display and was it black. did you choice one out of the book. if yes did it look black.

doubt the finance company will find it in your favour

:???: what me. never heard of you never had a debt with you.
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Hi there mercerj,

 

Its Sarah from customer services, Head Office. Please could you give us a call on 01302 330365. Sorry to hear you are having problems with your furniture, if you give us a call, we can discuss this in further.

 

Kind regards,

Sarah - Customer Services, Head office.

01302 330365

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