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    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Evri have lost my QVC £280 Laptop return.


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Hi, I purchased a laptop from QVC and decided to return it within the 60 days allowed. I failed to read the "small print" regarding returning an item over £200 in value, it seems it should have been insured and sent recorded delivery (actual cost £279.96) I purchased an Evri returns label on-line and took the laptop to an Evri Parcelshop, that was the last that was seen of it.

I initially contacted QVC as it became clear that the item had failed to be returned to their warehouse. After several emails were exchanged they stated they would not refund me as I had not complied with their returns policy, regarding returning an item over £200 in value, stating it should have been insured and sent recorded delivery.

Their advice was to contact Evri, after numerous failed attempts to contact their customer services via their website, I sent an email to the CEO. 

I forwarded the details of the issue and provided proof of buying the returns label through Evri's website.

Evri eventually responded that they had searched for the item and have concluded that it is lost, they also stated that they could see that the returns label I used was provided by QVC, therefore any claim I wanted to make was with QVC, not Evri....

not true as I had provided proof that I had paid Evri myself to use their service, also how could they say I had used a QVC provided label if they had not had sight of the parcel containing the laptop?

QVC have provided me with tracking details which clearly showed that the laptop was collected from the Parcelshop on the day I took it there, 12th January this year, Evri state that the laptop had "not moved" since the 12th, so somewhere between the Parcelshop and the QVC warehouse, the laptop has gone missing.

Any help that could be offered as to next step etc will be very much appreciated.

 

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  • dx100uk changed the title to Evri have lost my QVC £280 Laptop return.

thread title updated, moved to the postal forum.

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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Was this an item which you bought online?
How long after it was delivered to you did you decide to return it?
Presumably a 60 day return window is particularly a QVC policy. Did they supply you with details of the 14 day statutory cooling off period?

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Hi BF,

it was bought from QVC via their website and they do allow 60 days to return an item, I returned it within that period.

What I failed to do and I hold my hands up was according to QVC, not read that an item above £200 should have been returned insured and signed for,

I simply went to Evri's website (QVCs preferred returns agent it seems) and purchased a returns label directly from them.

Took the laptop to a Parcelshop and that was the last that was seen of it. 

QVC wont do anything as they say I didn't follow their returns policy and Evri say they wont as I used a label provided by QVC, when in fact I bought the label myself, albeit the email confirmation of the purchase says that I am using it to return my QVC parcel.

Thanks in advance for further responses.

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You haven't addressed my question about the date of return relative to the date it was supplied to you.

You also haven't addressed my question as to whether they provided you with details of your statutory cancellation rights.

Please can you check my posts carefully and make sure that you address each point.

They are all relevant and each question is posed for a purpose

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Laptop was purchased 14th November 2023, "returned" within the allowed 60 day period, 12th January 2024.

I didn't respond regarding 14 day cooling off or statutory rights as I was within their well publicised return period,

the issue I have is that the laptop has gone missing once dropped off at the Evri Parcelshop, not whether I was entitled to return it, I am under the 60 day QVC policy.

My bad that I didn't see the insured/signed for "policy" for item over £200, but QVC say my fault for not following their "policy", Evri say QVC are responsible for any refund as they say I used a returns label provided by them, I did not.

Hope this clarifies things a little, thanks for your help BF.

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Sorry but you still on answering all of the questions. I lost you twice now if they provided you with information referring to the statutory obligation to provide you with a 14-day cooling off.

 I'm afraid that it gets very difficult on a forum format where we have to have a to and fro simply to get a straight answer to a question I have put.

 If the answer is no then I am going to ask you to double check and make sure to.

 Is the answer is yes then I'm going to ask you to provide us with a paragraph or two of that information.

If you can't answer this question quickly then I will have other things to do today and it will simply cause delay before I can come back and tell you what I think about it.

I'm sorry but I don't know what else to say to you

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Hi, apologies again,

didn't quite see the relevance of the 14 day period, it seems I would have also got back the initial postage cost if I had returned it within that period, the below is from the QVC website, a delayed response from you is not a problem. Thanks BF.

Statutory cancellation rights

You have a statutory right to cancel your order within 14 days of receiving the products you ordered (subject to the exceptions stated below). The 14 days start from the day after the day you receive your order.

You can cancel by simply returning the order or contacting us via email (please use our online form at www.qvcuk.com); over the phone on 0800 51 41 31; by sending us the cancellation form provided on www.qvcuk.com; or by writing to at Dept R (Cancellations), QVC, South Boundary Road, Liverpool, L70 2QA.

You should keep evidence of having given notice of cancellation. You must return the products to us (at your own risk and cost) within 14 days of notifying us of your cancellation. If the products are unsuitable for return by post (eg bulky or large products), you will be responsible for the cost of couriering them to us (you can contact Customer Services and we will try to provide you with an estimate of the courier cost).

We will refund the full purchase price together with the standard outbound delivery charge paid within 14 days of receiving the returned products or proof of postage. If you chose to pay for express delivery, we will only refund the cost of standard delivery. You must, however, take care of the products before you return them. We may reduce the amount we refund to you if the products are no longer in a fully resaleable condition, for example if you use them, damage them or otherwise handle the product beyond what you could reasonably do in a shop. However, because of our 60 day Money Back Guarantee, that reduction will never be more than the outbound delivery charge. So, you will always get back the full cost of the item itself, even if it is an exempt product (see below).

You do not have the legal right to cancel the following items: (i) perishable products e.g. certain food products or plants/flowers; (ii) audio/video recordings, DVDs or computer software that you have removed from the sealed packaging in which they were delivered to you; (iii) products made to your own specification; (iv) periodicals or magazines; and (v) sealed goods which are not suitable for return due to health protection or hygiene reasons that you have removed from the sealed packaging (vi) items made to your specifications or are clearly personalised (v) newspapers or periodicals.

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Thank you.

The relevance is that returning during the 14 day statutory period, you would have not been required to purchase insurance and so they would have been liable if you had returned the item within that 14 day window.
The 14 day cooling off period only begins from the time that they provide you with information as to your statutory rights. Some companies omit to do this which means that the 14 day window isn't triggered and so you have the right to return at any time.

Under their 60 day rule which is a sort of grace and favour policy – very generous – they are entitled to apply whatever conditions they want. In this case they have been generous enough to provide a 60 day return window.  Thedfirst 14 days of that would have been their statutory obligationAnd they wouldn't have been entitled to apply an insurance condition. After that – the remaining 46 days, they are entitled to apply an insurance condition – and although you failed to read the small print, the fact is that you didn't comply and so you would not have an action against QVC.

If you did have an action against QVC then you would also have been entitled to ask the bank for a chargeback.

 

As it is, your right of action is against EVRi.

 

I suggest that you start preparing a letter of claim. Post the draft here. At the same time open up an account with the MoneyClaim website and once the letter of claim has been sent you should start preparing your claim.

A claim against EVRi will not be a Bluff. They won't pay you out and you will have to begin a claim. Your chances of success are almost 100%.

 

Please do answer questions that we put you in future. You come here because you aren't fully aware of your rights are and you don't really know your way through it all. That's entirely reasonable but then to start making assumptions about what is relevant and what is not relevant Doesn't really make sense. Otherwise you wouldn't come here for help in the first place.

 

 

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27 minutes ago, jk2054 said:

you can chargeback if QVC provided the return label.

Explain that to your bank and they'll charge it back.

I disagree with this. You could get the charge back if you had met their return conditions.

The bank might not understand this so it could be worth trying but frankly it will probably take too long with a risk of the money being refunded when QVC protest and your best bet will be to sue EVRi

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QVC didn't provide the returns label, the OP purchased it themself.
 

As such, BF is right that OP needs to look to make a claim against EVRi, plenty of forum threads get reading up on that show the whole process and will allow the OP to make a start on that letter of claim.

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