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    • Please will you monitor the thread for a reply on Sunday. Also when you make posts please can you spice them with lots of paragraph spaces etc because it becomes very difficult to read on a small screen such as a telephone and it tends to put people off.
    • My son purchased a car from BIG MW in April. 6 weeks later we sent a letter confirming we were rejecting the car due to it having modifications we were not made aware of - it’s been remapped and also changes to the exhaust removing one part and replacing with a straight pipe. This was confirmed to us by a garage we paid to assess the car. Things have gone fairly smoothly BIG MW sent their own assessor to the car 9 days ago which states the exhaust is immediately obvious when inspecting under car (something their 200 point check claims to do) and has also raised issues over the front tyres. Now BIG MW seem to have stalled, fobbing us off as to why they can’t confirm rejection at the moment and after good progress, the last 9 days since the assessment it’s not progressed at all. The latest is needing the finance company to confirm the outstanding balance - we paid it off within the cooling down period and have sent evidence of this, plus surely a HPI check they have easy access to would confirm this. So now another week passes with a car that can’t be driven and is costing a fortune to insure to sit on the drive. BIG had the car MOT’d in January and it passed with no advisories but the tyres are very poor and should have been picked up and emissions from the exhaust are high and causing a warning light so I have concerns as to whether the MOT is even genuine. I’ve threatened legal action if rejection wasn’t confirmed today, they are aware I work alongside lawyers who deal with disputes.  Any advice as to how I make them stop fobbing me off with delays and get them to confirm rejection? Also the car has done 2,500 miles since we’ve had it - what sort of deduction is reasonable - I’m loathe to accept any as they misrepresented the car and have dragged this out longer than needed. Thanks
    • Please will you check back on Sunday at some point for a full response
    • Many thanks for the advice. Form en route Monday a little late after sorting witnessing by a solicitor. 
    • Good spot, LFI. So you're meant to find a space, park up and then find a ticket machine within five minutes of entering the car park? Very fair... HB
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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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FeelUnique/Sephora - Online Order Return Lost by Evri


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Glad to have found this forum, and seeking some advice. 

I'm a massive fragrance collector and last Christmas (Dec 2022) I bought around £1,500 of fragrances from an online retailer as Christmas gifts for friends and family. Long story short I had to move house at short notice in December and couldn't take them with me, so decided to return them all in January.

The retailer usually had returns with Yodel through their system but you could still generate a returns label with Evri at the time, so I asked them whether it was okay to send with Evri. They said yes, and to save the proof of postage, so I did. 

I checked the returns page and they said to take photos of the parcel before sending in case of damage as well. I did this.

I dropped it off with Evri in January and Evri said it was on the way back and to contact the retailer for updates. The retailer then said they weren't refunding as they never got anything back, and then just started ignoring me. I basically gave up as I couldn't get through to Evri myself, the chargeback I raised with my debit card failed, and I had a lot on my plate at the time.

Looking into it now it seems that I have done everything according to what the retailer asked me to, and I shouldn't be at fault because I didn't even buy the returns label, the retailer did. What can I do ~7 months later?

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get reading up a good few 20+ evri threads here.

 

std procedure

complaint letter

letter of claim

court claim.

 

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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Thank you dx100uk, but would it be more just to go after the retailer for breach of contract as they are equally if not more liable? 

As this is a return rather than a shipment that I took myself, I didn't actually pay for the postage, the retailer did. 

 

 

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no----you need to get reading up as i said.

100's of like threads here

 

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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Yes, do the reading as advised by my site team colleague and stand by for further responses tomorrow.

You need to do lots and lots of reading to understand all the principles involved on the strategies.

Trying to deal with your question as to why you shouldn't go after the retailer:
who is the retailer?

On what basis where you affecting the return? – Faulty goods? Within the returns policy?

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I have started doing some reading dx100uk, but yet to find a case where the shipment was a return using the retailer's prepaid shipping label. I feel like I vaguely understand the third-party principle which many are using when they buy the label from a broker, but it would be reassuring to find a similar case to mine if any spring to mind. Will keep on looking.

BankFodder, the retailer is an online beauty retailer, though I am not sure I should release their name publicly until this is fully resolved. If you would like to know, I can send it privately. If you feel like it should be public knowledge at this time, I am willing to post it in my next reply.

The return was largely for change of mind within the returns policy, though a small number of goods were faulty i.e. damaged in transit. I followed all instructions and received permission to generate a prepaid label using their old returns courier Evri rather than through their new system with Yodel, and have all the chat logs to prove it. 

I feel like I should get in contact with Evri to get them to send over any proof of delivery but am unsure whether they will still have it so many months on, wasn't able to get in contact in the first place, and they say on their website to get in contact with the retailer in case of any issues. 

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Thanks for this reply.

To begin with, there is no downside with releasing the name of the supplier. It will help others and also it may put pressure on them to sorted out rather than to damage the reputation. Please put it up and it might help us with extra information.

Secondly, it is unlikely that you will find a similar case here. But that's not the point. The important thing is to find the principles within all the cases.

You say that the return was really because of your own change of mind but within their returns policy. I'm afraid that this probably makes it easier to attack the delivery company then the supplier.
This was a voluntary return and although you can say that their policy gave your contractual right to return it, you will become far less complicated if you sue the delivery company.

However, we will keep our options open for the moment.
From what you have written so far, I gather that you haven't even made a complaint to EVRi. I think you should do that immediately. Contact them by email in my letter and asked them where the shipment is. Come back here and tell us whether you have had a reply after about seven days.

In the meantime, start doing lots of reading – and I mean lots and lots.

I expect that you will get your money back but you need to be confident of what you are doing and this means that you need to be reading so you understand the route

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Thank you BankFodder, I will continue reading. I found one case where a QVC return was made with a prepaid Evri label but it seems as though that case did not end up getting resolved as there are no further replies on the thread. 

The retailer is Sephora but I purchased it around the time that it was being rebranded from FeelUnique to Sephora. 

I have tried contacting Evri using their online chatbot again, but they are not recognising the tracking number I am inputting. Do you have an email address I can use to contact them and start my enquiries?

I think that either Evri will say that they delivered it, in which case I presume we ought to go after the retailer, or Evri will say that too much time has elapsed, in which case I am not sure what to do as I have left this for over six months. 

 

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If only says that they delivered it then you will want proof.
If they don't have any proof and that is too bad for them.

The fact that you appear automatically to be prepared to accept the word of EVRi without any reference to evidence of the delivery makes me concerned that you still trust them.

I don't have an email address for them – maybe somebody else will come along and post one up here although I'm sure if you do enough reading you will find their contact details.
Of course you can write to them as well. If you write then make sure that you evidence that your letter has been sent and delivered.

Did you pay for their insurance policy?

Also you refer to a case involving QVC where the OP has not returned after we have given advice.

This could be because they are waiting for court papers or court dates – but unfortunately could also mean that they have simply had some kind of success and have NOT come back to updaters.

For anybody who reads this, this is very unhelpful. We go to considerable lengths to help people and at the very least we and the other people who rely on this forum deserve to know what happened.


Knowing the outcome of people's claims helps other people to make decisions has to whether or not proceed with the claim, it gives them confidence, and it helps them to understand the steps.


It is very unfair when people come here for help and then simply disappear without letting everybody else know how it went – let alone disappearing without saying thank you.

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  • dx100uk changed the title to FeelUnique/Sephora - Online Order Return Lost by Evri
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