EVRI lost DYSON worth £699! court claim issued

[BankFodder]

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

[BankFodder]

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?

[BankFodder]

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 

[BankFodder]

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

[BankFodder]

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?

 

[BankFodder]

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

[BankFodder]

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

[BankFodder]

You mean it's not ready yet?

[BankFodder]

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

[BankFodder]

Yes. Stick to your timetables. Don't give way not even a minute.

If they offer you a compromise payment then only accept it under protest and subject to their understanding that you will be proceeding for the rest.

We can help you get all of your money back. You simply have to be patient and persistent and don't stand for any nonsense

[BankFodder]

Yes, send it now.

Open your account with the MoneyClaim website and prepare your particulars of claim and post the draft here.

Get ready to click off your claim exactly 15 days after your letter of claim

[BankFodder]

3 hours ago, Moseet said:

I have posted my letter of claim today. Does that mean I need to click off the claim 15 consecutive days after (19 June 2023)

 

If you need to ask this question it means that you haven't done the reading that we have been advising you to do

You haven't put in the tracking reference number in your particulars of claim. This means that they will receive the claim papers and have no idea what you're talking about or who you are

[BankFodder]

Have you issued the claim?

 

[BankFodder]

Quote

Dear Sarah.

Ref.xxxxx

 

Quote

I have sent you a letter of claim and I will be starting the county port claim as promised unless you refund me my money or you find my parcel. 

 signed

 

 

[BankFodder]

Who signed that letter? Why are you hiding their identity

[BankFodder]

Reference number XXX
Thanks for this message Beverley
I know you are just doing your job – see you in court, no doubt.

Signed

[BankFodder]

Please let us have the particulars of claim which you have filed in PDF format.

When you receive the defence we would like to see that in PDF format as well please

[BankFodder]

Okay – surprisingly short – but it has the basic information which is needed.

Please keep us updated.

You will receive an acknowledgement – at the last moment.
You will then receive a defence – at the last moment.
You will then receive a directions questionnaire.

Have you considered whether you want to go to mediation? We would suggest that it is better not to and to go directly to trial.

[BankFodder]

1 hour ago, Moseet said:

The particulars of claim were approved by yourself back in June hence I sent it across.

Thank God I didn't say that it was rubbish .

Yes, all mediation outcomes are successful although sometimes people lose their nerve and they give up their court costs.

 

However we are now encouraging people to go directly to trial in order to get a judgment on the issue and an award of all of their costs without any mucking around

[BankFodder]

35 minutes ago, Moseet said:

Ok I may go for the mediation option in that case. However, I will definitely be sticking out for the full value plus court cost.

Do you know the general timeframe for this? I know they have 14 days to respond

 

1 hour ago, BankFodder said:

You will receive an acknowledgement – at the last moment.
You will then receive a defence – at the last moment.
You will then receive a directions questionnaire.

 

Timeframe could be anything from four months to 8 months or even a year.

Did you claim interest?

[BankFodder]

Yes, 8% interest is not bad nowadays – and we would have been pleased to have it – if it was us you had in mind  

[BankFodder]

Yes – probably too complicated now. Don't worry and let's focus on getting your claim sorted out.

[BankFodder]

Okay, don't worry about QVC. Your claim is against Evri. I don't think we realise that you are still paying QVC – but as you are proceeding against Evri, you should continue paying them for the moment.

 

[BankFodder]

Apply for judgement immediately although they will leave it to the last moment and they will file a defence. It would be most unusual if they didn't.

 

[BankFodder]

Sorry but it seems to be jumbled up.

Please could you repost it properly ordered in a way that you would like to see if you were helping somebody free of charge