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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
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    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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EVRI lost returned QVC DYSON worth £699! court claim issued **Mediation Failed***


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Hi,

I purchased a Dyson Purifier from QVC and returned via Evri.

Seems like its gone lost.

We all know you can’t lose a massive purifier.

It’s obviously been stolen by an employee.

Can I take a similar route as whats been done in this forum?

Its around £699 thats been lost here

I’m writing about my experience with evri here.

I returned a Dyson purifier with Evri a few days ago and surprise surprise they have not delivered it Back to QVC.

The tracking has been stuck ever since its been collected from me.

I have read experiences of others writing to evri and being successful.

Could I use the consumer rights card over the additional insurance card here?

surely they cant ‘lose’ a dyson purifier which is nearly the size of me.

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forget the ins issue.

who initiated the return via evri.

did qvc tell you and provided the label to use to return?

or did you find and use them and paid for return?

 

 

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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QVC market EVRI on their returns section of the site. I clicked on the link (

and had to pay £3.95 for the return. However, when I spoke to QVC, they said in the small print it states anything above £200, you must return using your own service. Hence they cannot refund. 

 

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Why did you return it?

Please will you start reading the stories on this delivery sub forum.

You need to read lots of them. Probably a couple of days worth so that you understand all the principles.

We can help you get your money back whether it is from QVC or from EVRi, but you need to understand the principles

Come back here when you have done the reading and we will take you through the steps to recovering your money, assuming that we decide that it is EVRi who you should go for

Why did you return it?

Please will you start reading the stories on this delivery sub forum.

You need to read lots of them. Probably a couple of days worth so that you understand all the principles.

We can help you get your money back whether it is from QVC or from EVRi, but you need to understand the principles

Come back here when you have done the reading and we will take you through the steps to recovering your money, assuming that we decide that it is EVRi who you should go for

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Thankyou. I returned it as it was not performing as expected. 
 

I have already read a few of these stories but I will read the others and return back onto the forum.

 

Your help is much appreciated 

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You say that it was not performing as expected. Does this mean that there was a fault or simply that you thought it would do better?

Please can you tell us the chronology. When did you buy it? When did you return it?

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i returned it because it wasn't performing as expected.

Order Placed 13/05/2023

order received 17/05/2023

return collected 23/05/2023

evri tracking still shows we’ve got it and not even in transit.

Ive tried getting in touch with them multiple times. All they have been saying is that is is en route. Then yesterday evening they said there is a delay.

I am 99% convinced they have stolen it. A purifier the size of me cannot go ‘missing’. Hence I am preparing myself for a long hard battle against evri and I will ensure I will put up a fight as I am not paying for their employees misconduct.

 

EVRI TRACKING: .........

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You keep on saying that it didn't perform as expected, but this really doesn't tell me whether this was because it was defective or because you expected more than it was intended to do.

Please will you answer this because it is significant.

You returned it within the 14- distance selling rules.

It seems to me that the value limitation of QVC is unlawful and unenforceable And so from that point of view you have a choice as to whether to sue them or to sue EVRi 

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Ok. Do the reading as suggested above and come back here in a couple of days when you are ready to begin the claim

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Hi, I have spent some time reading.

 

these are my findings

 

1. If we sue EVRi- under the basis of consumer rights act and they cannot charge me extra money to purchase insurance and to be honest no option was given whilst processing this return as it was a ‘return’ to QVC. Not a fresh order.

 

2. QVC - You mentioned that the Limitiation by QVC is Unlawful and Unforceable due to the 14 day cooling off law. Please can yoh elaborate on this? Is this really the case?

 

If it is, then I am thinking of pursuing QVC?

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On 26/05/2023 at 08:55, BankFodder said:

You returned it within the 14- distance selling rules.

which are now part of CRA.

On 26/05/2023 at 02:16, dx100uk said:

forget the ins issue.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You should have a look at the distance selling rules – which were revised and updated in the Consumer Contracts Regulations.

This is important information if you buy things online and you should be thoroughly familiar with it. An Internet search will give you lots of sources and give you lots of explanations.

My point here is that QVC are bound by them and what troubles me is that they are attempting to put some condition on the way that you return items which are greater than a certain value.

I suppose that this is because they do not want to be responsible themselves for possible loss during parcel delivery.

What is really troubling here is that QVC are responsible for the cost of returning items and by implication, by obliging you to make your own arrangements to return items above a certain value, there is a great possibility that you will absorb the cost of the return yourself.

What do the QVC terms and conditions say about the cost of returns?

 

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As to your question whether you should claim from QVC, the answers that you certainly could do but it will probably be more complicated in the circumstances and so we might as well go along the well trodden route and claim against EVRi.

Start off by drafting letter of complaint and post it here.

After a few days you will follow it up with a letter of claim which you should draft and post here before you send it.

There is no doubt that EVRi will either ignore you or simply give you some absurd apology and decline to help you. So on that basis you should sign up with the MoneyClaim online website – this is the County Court website. Start understanding your way round it and prepare your particulars of claim and post them here before you click the claim.

The absolutely certain, that once you send your letter of claim, that it will absolutely lead to a court claim. EVRi are stupid but also dishonest and they try to intimidate people and also waste taxpayers money by forcing people to go through the County Court system even though EVRi know that they will eventually pay up.

Once you have sent the letter of claim, you will give a 14 day deadline. The absolutely certain to kick off the claim on day 15. It's not a bluff

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Thankyou, I have drafted a Letter of complaint and letter of claim but I will wait for EVRi to officially tell me that the item is lost as its still under investigation since this morning. Once I get the official confirmation off them, I will update the letters accordingly and post them on here.

I have also created my account on the moneyclaim website and will also draft the particulars once we have a better idea after the response from EVRi which I expect to be tomorrow morning stating it is now lost.

Your help is much appreciated.

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EVRi still have not concluded their so called investigation. I was told somebody will contact me shortly on Saturday and no call since. Can I only start the process till I receive a final conclusion from them?

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No, you can start straightaway. It was you who decided to wait until they completed their "investigation".

Send them your letter of complaint straightaway.

Be prepared to send them your letter of claim next Monday.

Put up a draft of your letter of claim here in the next couple of days

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You mean it's not ready yet?

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See draft letter of complaint

Mr Martijn De Lange

Evri/EVRi Parcelnet Ltd

Capitol House

1 Capitol Close

Morley

LEEDS

LS27 OWH

Lost Parcel, Tracking Number: H004HD0321622188

Collected from Me : Tuesday 23rd May 2023

Dear Sir,

I write to formally complain about the loss of my return which was a Dyson Purifier and the half hearted response to my request for help after I eventually managed to contact one of your agents by email. The agent noted the details of the parcel it’s contents and value, i.e. DYSON PURIFIER. The agent carried out a so called investigation and advised another colleague will be in touch shortly. Although, I an baffled as to how a Dyson Purifier which is nearly the size of me can suddenly get lost.

 

Since the last email I have been unable to contact anyone again to try and get more information because of the deliberate blocks put in place by your automated systems.

 

The parcel is still showing as We’ve got it since last Tuesday and is showing no movement. With the lack of updates, I assume it has now been ‘lost’.

 

I am seeking full compensation for the financial loss of £699 refunded to the buyer of the Dyson Purifier plus the carriage cost via Evri £3.70. Total £702.70
 

Yours Sincerely,

 

 

 

Edited by Moseet
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Okay, that will do.

Send straightaway and post up your draft letter of claim here.

Be under no illusion, you will need to send the letter of claim and you will need to issue a claim in the court

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See letter of claim
 

Quote

 

Capitol House

1 Capitol Close

Morley

LEEDS

LS27 OWH

 

Incident 

Lost Parcel, Tracking Number: H004HD0321622188

Collected from Me : Tuesday 23rd May 2023

 

Dear Sir/Madam

Letter of Claim

 I am writing further to my letter of complaint I sent last week. I have had no further advances so please take this as my letter of claim.

 There was no option of specifying the value of the item when booking the return. As you can see it was a return for QVC which was worth £699

 To say that the maximum compensation I am entitled to is £20 due to the level of cover I chose within your standard compensation is unfair and amounts to an attempt to restrict your liability because I did not to pay additional parcel cover which is contrary to section 57 of the Consumer Rights Act 2015.

 The Act also requires that the service you provide should be carried out with reasonable care and skill.

 By losing my parcel you have failed in that duty and I am therefore seeking full compensation for the loss of the Dyson Purifier.

 QVC are refusing to refund me the cost due to your incompetence of delivering the purifier back to them.

 This Letter of Claim is to seek compensation to the amount £702.70

If not settled in full within 14 days, I will take further proceedings in the small claims court.

 

Yours Sincerely,

 

 

 

 

 

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