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    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
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Evri lost £169 leather jacket online mcol claim issued*** Settled at Mediation***


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I feel so dejected. 

I hadn't fully discovered the usefulness of this website to help me with my full claim, and Evri has provided the following response.  Jacket was £169

I can prove that this was the item I posted back.

They are right that I doubled the payment to court which was supposed to be £35.

They are wrong about sending me £23 compensation.

This was never received, as I kept disputing the compensation 

They have given the following reasons to reject my claim: 

Why they dispute the claim

2.1. 1. The Claimant has incorrectly named the Defendant in these proceedings as Evri. Evri is not a legal entity and is instead a trading name of

EVRi Parcelnet Limited. The Defendant should be amended accordingly to Hermes Parcelnet Limited t/a Evri.

2.2. 2. If any part of the Particulars of Claim are not expressly admitted or

denied below, such parts are denied by the Defendant entirely.

2.3. Background

2.4. 3. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services for business to business, business to consumer and consumer to consumer.

The Defendant operates "myhermes.co.uk” which is a website that can be used to order delivery services from the business of the Defendant operated u

Wanted to add that they have offered to go to mediation, and I accepted but not set a date yet 

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nope we dont do private advice

one PDF for each

read upload carefully.

 

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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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Seems very normal response to me , nothing to be worried about. Just a few things

 

-why £169.00 when you declared at £150.00?

 

 

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When I was posting the jacket back, I wasn't thinking too much on the process and put the estimated figure I had in my head for the value of the item.

I wish I could go back in time and put an exact amount (lesson learned).

I have proof of the receipt from the jacket to show how much the jacket truly was worth.

I do see I definitely claimed the court fee twice, so I need to fix this, and fix the evri name, cause I didn't make them as parcelnet (so ridiculous..)

Claimform.pdf

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Ok 

 

Your claim form is different, but it won’t make too much difference at this stage.


Go to mediation, see what they offer.


They normally offer something in cases like this where they admit their loss

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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you today?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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In mediation, obviously I should reduce the requested amount by £35, but would I be able to claim the rest of the money because of this disparity between £150 and £169 for the actually value of the jacket.

I have the receipt, and even email correspondence with the actual brand to show full intention to return the item with EVRI 

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you do not compromise at all , simply stick too you want the full cost of the item+postage+court fee.

they will barter through the mediator but simply stick to your guns.

the fact of wrong defendant etc is immaterial at mediation...don't get done over.

dx

 

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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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Share on other sites

35 minutes ago, jk2054 said:

Ok 

Your claim form is different, but it won’t make too much difference at this stage.

Go to mediation, see what they offer.

They normally offer something in cases like this where they admit their loss

its the newish totally online MCOL system.

 

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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  • dx100uk changed the title to Evri lost £169 leather jacket online mcol claim issued - defence filed - mediation time - help

I hope you are feeling a little less depressed and dejected this morning. He managed to get this started on your own and many people don't get that far. It's pretty clear from your claim form the although it's a bit strange, that you've done some reading here before you sent it off.
It might have been helpful if you'd posted up first but anyway it's okay and it's good enough to have warranted a full defence from EVRi.

You've redacted the first one or two paragraphs are your claim form. I'm not sure why and it will be helpful if you could post the whole thing with minimal reduction – simply to remove your identifiers. You don't need to redact anything else.

Don't worry about it – as long as we are honest and straight dealing, you can be comfortable about posting anything you want.
You can be certain that EVRi is watching this thread already and they know exactly who you are and what you are doing and the claim that is coming.

Once again, we don't engage in secret squirrel stuff. We are upfront and squeakyclean. EVRi knows this and this is something they have to deal with
please can you post the claim form again – minimal redactions. That will be helpful to us.

You are mediation coming up. One of the things you must do is to start feeling confident and don't start acting depressed or dejected. You have the whip hand. You can control this. EVRi are in the wrong. They know they are in the wrong and they are simply trying to raise obstacles to discourage other people.

You will probably find that the person on the other end of the mediation is George Wood who is simply doing his masters bidding. Don't give any ground. Eventually you might give up some interest that you will get the money.
If the mediation fails then simply walk away and we will help you in court and you will definitely win.

Of course you're going to give ground on the double claim fee That was a mistake and you should refer to it immediately at the beginning of the mediation so that you can demonstrate that you are not trying to money grab. You are simply trying to get what you paid for which was the successful delivery of an item by EVRi.
You paid 100% – you get 100% return. It's easy. Even George Wood would understand.

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Thank you so much, the first line just contained my home address, hence why I redacted that section in the second page. The claim form starts from point 3.15, I've posted everything honestly, it's my first time dealing with matters like this (and I hope to never do this again in the future) and I've stumbled - so I suppose I just felt really overwhelmed and treated unjustly about the situation after seeing their defence statement. 

I had saved up so much money to buy this jacket for autumn, and was so excited to own it, it wasn't the right size so I wanted to return it, get my refund and purchase it again in the right size, and it's just led to this whole mess by EVRI

I didn't even receive the £23 compensation, I checked my bank account again yesterday and still don't see it, so they are wrong in that matter. 

I'm going to draft up my mediation open statement and post it here, it's booked for the 11th 

Edited by seoso123
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Okay. Thanks for this.

If you redact documents in future, please could you be a bit more delicate about it so that we have a more careful idea about what is missing and we don't get the impression that may be something important is covered up.

You will get your money back – but it's important that you realise now that you are in control. Read the stories. Read the advice that we give in the pinned treads at the top of the sub- forum.
Ask us questions.

The mediation process really doesn't involve much law. It really is just about stating your position and that making it clear that you won't back down and you were prepared to go to court.

There is no reason why you should give up a single penny.
I can appreciate that it is heartbreaking. There will be thousands of people this Christmas season who have parcels disappearing either through carelessness by EVRi or by theft committed by their own staff and people will be heartbroken.
Despite that, EVRi will continue to try and defy people's legitimate claims.

They run an insurance system which is unenforceable under section 57 of the consumer rights act. This is not a real insurance in that there is not a commercial insurance where it is simply just money in their pockets.
My estimate is that EVRi themselves are earning several billions of pounds per year of unearned and undeserved money and the parcel delivery industry as a whole is probably earning £10 billion per year in exactly the same way.

This is why they are so greedy about it and this is why they are so enthusiastic about not giving up a single inch.

And of course it is the consumer who pays the bill. And this is billions of pounds every year which is removed from the UK economy.

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In that case, it's crazy to me that part of their defence includes the following:

2.52. ‘The amount of Full Cover which you have taken out for a Parcel, if at all, will be the extent of our liability to you for any Loss or Damage to your Parcel.’

2.53. ‘Full Cover’ is defined as ‘optional enhanced compensation that you may,for a fee, take out when you submit an order.’

2.54. 26. Accordingly, the Contract terms limits the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods. That  compensation value is the lesser of £20 or the value of the damaged/lost goods plus postage.

2.55. 27. The Claimant did not opt to increase the level of compensation for The Parcel and therefore pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £23.44.

-> If they know they can't do this, why include it in their defence. 

THe second part I'm worried about is this section:

2.24. 20. The twenty first paragraph of the Particulars of Claim is noted. It is denied that the Claimant is entitled to £169.00 in respect of the Parcel. It is the Defendant’s primary position that the Claimant is entitled to £23.44 in respect of the Parcel under the terms of the Contract. Without prejudice to the Defendant’s primary position, the Claimant valued the Parcel at £150.00 when ordering the Defendant’s delivery services. The Defendant requests evidence from the Claimant as to the reasoning for the difference in valuations from the Claimant.

-> like I said, I have proof of receipt of the actual price of the jacket, I had email correspondence with the brand asking if they have received my jacket and included the EVRI tracking number. The parcel is also clearly labelled to return back to the store. 

I've also shared all of this, and even provided the receipt in my claim lost parcel to EVRI

It's a shame I put the estimated value of the item when posting back, rather than the exact. I was in a rush and just put a rough figure I had from memory (again, lesson learned)

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The fact that you are asking why on earth they do this in the face of a statutory prohibition suggest to me that you haven't read enough of the stories here.

They do it in order to raise obstacles. They know that they are wrong. They are fully aware of section 57 of the consumer rights act. They are fully aware of section 72 of the consumer rights act but 99 times out of 100 they get away with it and as I've already suggested, they are making billions of pounds every year with an insurance scam.

And of course it very likely is "insurance" and as such we are not aware that it has gone through FCA procedures and that it has been regulated and either authorised or that the FCA have granted an exception.

What they are doing is completely unlawful but unfortunately there are no authorities prepared to move themselves to do anything about it and of course it has simply become accepted as part of the normal consumer culture.

Have you seen our pizza delivery video?

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Hahaha! That video really did put things into a funny perspective for me, brave of them to state their defence to a court too. Thank you for the laugh, really helped to lighten the weight I had been feeling from this situation

Any advice on the price of the jacket argument before I go to mediation?

Like I said, I have full proof of the receipt and email entries 

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Just go for the full value of the jacket. I haven't really followed the thread very well – was that the declared value. Maybe you can just give a very brief summary of how the puzzle over the value has happened.

In terms of the video presentation, I'm pleased you enjoyed it – but I'm going to say now – the fact that we had to draw your attention to it means that you really haven't done much reading.

You are coming across as extremely under confident. If you take a day or 2 to do some solid reading of the stories on the sub- forum then it will help you a great deal in your confidence and also in your approach to your forthcoming mediation.

It's not a waste of time. This forum is about self empowerment. We try to direct you and we provide you with materials but we expect you to do your share of the work

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yes it was the declared value, I put the estimated jacket of the value cause I was rushing. The actual value of the jacket is £169 and I have proof of this

I won't raise any further questions on this thread until I've fully read every thread, I can how any people have had success in their case, and it's definitely lifted my spirits up

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