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Help - QVC will not co-operate!
data1704
Posts: 32 Forumite
[FONT="]Hi,
Ok, so this one's a bit long winded, but it has been going on for over 1 year, so please bare with me and I'd be grateful for any constructive advice and possible solutions.
[/FONT][FONT="]In Mar – Apr 2002, I (via my ex-wife’s QVC account) purchased five autographed photographs, which had allegedly been signed by various members of the cast from the trilogy of the films, ‘The Lord Of The Rings’. They all arrived with their individual ‘Certificates Of Authenticity’, completed by Darren Epstein of CARDS INC. I still have four of the five original QVC receipts. There were as follows;
[/FONT][FONT="]
1.[/FONT][FONT="]Andy Serkis (Gollum) – Paid £unknown as I have one missing QVC receipt and of the four receipts I do have, one does not describe the item in detail.[/FONT][FONT="]
2.[/FONT][FONT="]Ian Holm (Bilbo) – Paid £unknown as I have one missing QVC receipt and of the four receipts I do have, one does not describe the item in detail.[/FONT][FONT="]
3.[/FONT][FONT="]Lord Of The Rings Signed Cast Photograph – Paid £502.45 (inc P&P).[/FONT][FONT="]
4.[/FONT][FONT="]Sean Bean (Boromir) – Paid £62.70 (inc P&P).[/FONT][FONT="]
5.[/FONT][FONT="]Viggo Mortensen (Aragorn) – Paid £83.20 (inc P&P).[/FONT][FONT="]
6.[/FONT][FONT="]And finally, the receipt described as ‘LTR SIGNED ITEM’, which could be for item 1 or 2 above. Paid £41.70.[/FONT][FONT="]
[/FONT][FONT="]I then thought about the upcoming latest film release of the prequel, ‘The Hobbit: An Unexpected Journey (2012)’, and that now maybe a good time to sell my collection. Again, most of those that had allegedly signed the photographs I have, were starring in this new film.
I therefore ‘Googled’ to find someone who might buy these from me and found 'Autografica' and emailed Mr Gerry King of Autografica on 20 May 2011 to see if he was interested in purchasing. He wrote back and asked for copies, which I scanned and emailed him back.
He then, at my request, sent me a written report saying in his expert opinion the signatures were all fake.
I had a few weeks earlier, previously emailed QVC, voicing my concerns before the written report was prepared which they acknowledged, and had requested if I had concerns, I should seek a report from a independant recognised expert.[/FONT][FONT="]
[/FONT][FONT="]On the 23 June 2011, I emailed a copy of the report provided by Mr Garry King of Autografica to QVC.
There were several ‘update’ calls from QVC advisors and a few email exchanges during the period 30 June – 25 July, that my case was being looked into by either ‘specialist departments’ in their London offices, or it was with the QVC buying teams and their legal department.
[/FONT][FONT="]Somewhere around the middle of Aug, I received a phone call from an advisor, who said that he was now looking into my case and trying to resolve it.
I put it to him, that in light of Mr King’s appraisal, QVC should not have put these items up for sale nor featured them in their ‘One Hour Special’ that they broadcast in March 2002. I asked him where their Due Diligence was, and he said that everything in those days was not computerised and they therefore could not find any reports. So I again re-iterated that they were fake as per my commissioned report, and I wanted to know what QVC were prepared to do about it. I said that I wasn’t being funny, but this was a serious matter and perhaps he should consult with his manager or even at a higher level. He said he would seek advice and come back to me.
On the 24 Aug 2011, I received another telephone call from the same advisor from the CEO’s office, who wanted me to return the items I had via a courier service, for them to look into the matter further. I said categorically, that there was no way I was going to sent them back as I feared that they maybe ‘lost’. But I was happy to send him scans of the signed photographs, ‘certificates of authenticity’ and receipts. Mr Costello asked what I thought I was looking at value wise and I told him that I hadn’t given it much thought, but that I had found autografica’s website and they were selling a similar one to the multi-signed photograph (see item 3 above) for around a £1,000 and then there were the other individually signed ones, but I said they would obviously not be worth no where near as much. He said that QVC would seek their own independent check on them. I then sent him an email with the scans on 24 Aug.
There were various exchanges of emails over the next couple of months, but nothing was happening.[/FONT][FONT="]
[/FONT][FONT="]In Oct 2011, I received a reply from the same advisor offering me a full refund + P&P, but in their own opinion, they were genuine. They would not offer any of their own indepentant[/FONT][FONT="] expert report, it was just their own opinion!I initially refused on the basis that their investment value had increased and they should compensate me for this or, add interest on their offer at the official rate.
I also contacted [/FONT][FONT="]Trading Standards who do think I have a case, but because of its specialist nature, they thought that it maybe better if I continue action via a solicitor. They did however say that although the Sale Of Goods Act say that its six years from the date of purchase, there is actually case law that says it is three years from the date of discovery and that not only can I claim my original costs, but I can also claim damages and they sent me the relevant part of the Act.[/FONT][FONT="]
I contacted via my wife's union and they said that because of the timeframe, my wife was not in the union in 2002, they could not look into too deeply or via one of their solicitors, but as a gesture, one of their paralegals would write to QVC on my behalf and at least try to obtain a refund + interest at the offical rate.
After much letter writing and emailing from my solicitor to their legal department, its ended up being exactly the same offer and so upon my solicitors advice, I reluctantly returned all the photographs, receipts and certificates via special delivery to QVC's headquarters on the 16th April 2012.
Soon after, my solicitor asked them what was the delay, and they answered back that there was a problem because the receipts were in my ex-wifes name.
And for the last 5 - 6 weeks, I have heard nothing.
Three weeks ago, I asked my solicitor to tell them I would make this story known to the media, TV and papers and I would take them to my local county court to obtain a CCJ, if they did honour their offer or send everything back to me within the next 14 days. That was three weeks ago and still nothing!
Sorry about all of the above, I've tried to condense it down a bit so you wouldn't fall asleep. There are more details and dates.
I have copies of everything, scans, letters and emails.
It seems to me that QVC have made a mistake and now would like me to just go away.
Please, if there's anyone that can point me in the right direction that helps me get justice, I'd be so grateful.
Many thanks for reading.[/FONT]
Ok, so this one's a bit long winded, but it has been going on for over 1 year, so please bare with me and I'd be grateful for any constructive advice and possible solutions.
[/FONT][FONT="]In Mar – Apr 2002, I (via my ex-wife’s QVC account) purchased five autographed photographs, which had allegedly been signed by various members of the cast from the trilogy of the films, ‘The Lord Of The Rings’. They all arrived with their individual ‘Certificates Of Authenticity’, completed by Darren Epstein of CARDS INC. I still have four of the five original QVC receipts. There were as follows;
[/FONT][FONT="]
1.[/FONT][FONT="]Andy Serkis (Gollum) – Paid £unknown as I have one missing QVC receipt and of the four receipts I do have, one does not describe the item in detail.[/FONT][FONT="]
2.[/FONT][FONT="]Ian Holm (Bilbo) – Paid £unknown as I have one missing QVC receipt and of the four receipts I do have, one does not describe the item in detail.[/FONT][FONT="]
3.[/FONT][FONT="]Lord Of The Rings Signed Cast Photograph – Paid £502.45 (inc P&P).[/FONT][FONT="]
4.[/FONT][FONT="]Sean Bean (Boromir) – Paid £62.70 (inc P&P).[/FONT][FONT="]
5.[/FONT][FONT="]Viggo Mortensen (Aragorn) – Paid £83.20 (inc P&P).[/FONT][FONT="]
6.[/FONT][FONT="]And finally, the receipt described as ‘LTR SIGNED ITEM’, which could be for item 1 or 2 above. Paid £41.70.[/FONT][FONT="]
[/FONT][FONT="]I then thought about the upcoming latest film release of the prequel, ‘The Hobbit: An Unexpected Journey (2012)’, and that now maybe a good time to sell my collection. Again, most of those that had allegedly signed the photographs I have, were starring in this new film.
I therefore ‘Googled’ to find someone who might buy these from me and found 'Autografica' and emailed Mr Gerry King of Autografica on 20 May 2011 to see if he was interested in purchasing. He wrote back and asked for copies, which I scanned and emailed him back.
He then, at my request, sent me a written report saying in his expert opinion the signatures were all fake.
I had a few weeks earlier, previously emailed QVC, voicing my concerns before the written report was prepared which they acknowledged, and had requested if I had concerns, I should seek a report from a independant recognised expert.[/FONT][FONT="]
[/FONT][FONT="]On the 23 June 2011, I emailed a copy of the report provided by Mr Garry King of Autografica to QVC.
There were several ‘update’ calls from QVC advisors and a few email exchanges during the period 30 June – 25 July, that my case was being looked into by either ‘specialist departments’ in their London offices, or it was with the QVC buying teams and their legal department.
[/FONT][FONT="]Somewhere around the middle of Aug, I received a phone call from an advisor, who said that he was now looking into my case and trying to resolve it.
I put it to him, that in light of Mr King’s appraisal, QVC should not have put these items up for sale nor featured them in their ‘One Hour Special’ that they broadcast in March 2002. I asked him where their Due Diligence was, and he said that everything in those days was not computerised and they therefore could not find any reports. So I again re-iterated that they were fake as per my commissioned report, and I wanted to know what QVC were prepared to do about it. I said that I wasn’t being funny, but this was a serious matter and perhaps he should consult with his manager or even at a higher level. He said he would seek advice and come back to me.
On the 24 Aug 2011, I received another telephone call from the same advisor from the CEO’s office, who wanted me to return the items I had via a courier service, for them to look into the matter further. I said categorically, that there was no way I was going to sent them back as I feared that they maybe ‘lost’. But I was happy to send him scans of the signed photographs, ‘certificates of authenticity’ and receipts. Mr Costello asked what I thought I was looking at value wise and I told him that I hadn’t given it much thought, but that I had found autografica’s website and they were selling a similar one to the multi-signed photograph (see item 3 above) for around a £1,000 and then there were the other individually signed ones, but I said they would obviously not be worth no where near as much. He said that QVC would seek their own independent check on them. I then sent him an email with the scans on 24 Aug.
There were various exchanges of emails over the next couple of months, but nothing was happening.[/FONT][FONT="]
[/FONT][FONT="]In Oct 2011, I received a reply from the same advisor offering me a full refund + P&P, but in their own opinion, they were genuine. They would not offer any of their own indepentant[/FONT][FONT="] expert report, it was just their own opinion!I initially refused on the basis that their investment value had increased and they should compensate me for this or, add interest on their offer at the official rate.
I also contacted [/FONT][FONT="]Trading Standards who do think I have a case, but because of its specialist nature, they thought that it maybe better if I continue action via a solicitor. They did however say that although the Sale Of Goods Act say that its six years from the date of purchase, there is actually case law that says it is three years from the date of discovery and that not only can I claim my original costs, but I can also claim damages and they sent me the relevant part of the Act.[/FONT][FONT="]
I contacted via my wife's union and they said that because of the timeframe, my wife was not in the union in 2002, they could not look into too deeply or via one of their solicitors, but as a gesture, one of their paralegals would write to QVC on my behalf and at least try to obtain a refund + interest at the offical rate.
After much letter writing and emailing from my solicitor to their legal department, its ended up being exactly the same offer and so upon my solicitors advice, I reluctantly returned all the photographs, receipts and certificates via special delivery to QVC's headquarters on the 16th April 2012.
Soon after, my solicitor asked them what was the delay, and they answered back that there was a problem because the receipts were in my ex-wifes name.
And for the last 5 - 6 weeks, I have heard nothing.
Three weeks ago, I asked my solicitor to tell them I would make this story known to the media, TV and papers and I would take them to my local county court to obtain a CCJ, if they did honour their offer or send everything back to me within the next 14 days. That was three weeks ago and still nothing!
Sorry about all of the above, I've tried to condense it down a bit so you wouldn't fall asleep. There are more details and dates.
I have copies of everything, scans, letters and emails.
It seems to me that QVC have made a mistake and now would like me to just go away.
Please, if there's anyone that can point me in the right direction that helps me get justice, I'd be so grateful.
Many thanks for reading.[/FONT]
0
Comments
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Cool story, bro."Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.0
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So take it to court - you need to work out how much you are going to sue for, and have some basis of justification for this figure. Write one final letter by registered post marked 'Letter Before Action' summarising that you were sold fake goods by QVC, how much you believe they owe you, and that unless they agree to repurchase the goods from you for £x within 7 days (transaction to complete within 14 days) you will be forced to take it to the small claims court.
If they agree, then drive to them and hand over the fakes and evidence in exchange for a cheque, or arrange for an insured courier (factor either into your claim). If they don't agree or fail to respond, moneyclaimonline is the small claims court procedures - small claims actions are not expensive and any award made will have those monor costs added anyway.0 -
I don't see how a dealer who was interested in purchasing the items, can be considered an independent expert. As this whole story hinges on that I think a proper valuation would be the best thing to do next.0
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I am interested in how a person who has no evidence that they themselves purchased the items, they were purchased on his ex's account with little traceable documentation, has any rights over compensation (on items he was gifted by his ex ?)0
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Hi Paddyrg,So take it to court - you need to work out how much you are going to sue for, and have some basis of justification for this figure. Write one final letter by registered post marked 'Letter Before Action' summarising that you were sold fake goods by QVC, how much you believe they owe you, and that unless they agree to repurchase the goods from you for £x within 7 days (transaction to complete within 14 days) you will be forced to take it to the small claims court.
If they agree, then drive to them and hand over the fakes and evidence in exchange for a cheque, or arrange for an insured courier (factor either into your claim). If they don't agree or fail to respond, moneyclaimonline is the small claims court procedures - small claims actions are not expensive and any award made will have those monor costs added anyway.
Thanks for the reply and positive approach, but the problem is, upon the paralegal's advice, I have already sent them back to QVC;
"After much letter writing and emailing from my solicitor to their legal department, its ended up being exactly the same offer and so upon my solicitors advice, I reluctantly returned all the photographs, receipts and certificates via special delivery to QVC's headquarters on the 16th April 2012."
However, I will be doing something very similar to what you suggested and if it fails, going through small claims court procedures.
Ta0 -
Hi Techhead,I don't see how a dealer who was interested in purchasing the items, can be considered an independent expert. As this whole story hinges on that I think a proper valuation would be the best thing to do next.
Pretty much as any valuer can do the same.
They can be an expert in paintings and give an opinion, but still have their own art gallery.
And if you look his website, he's been an expert witness in many things, including appearing on BBC's Fake Britain with Dominic Littlewood, which I just happened to watch last year.
Thanks for reading anyway.0 -
Hi molerat,I am interested in how a person who has no evidence that they themselves purchased the items, they were purchased on his ex's account with little traceable documentation, has any rights over compensation (on items he was gifted by his ex ?)
I think in this particular case, the chattles of either partner is deemed to be at least 50/50 if not full ownership of either (while they are still together, under the same roof) when they need to sell it and that's why you can sell something if the other bought it, otherwise wouldn't it be theft?
Ex partners would have a field day claiming something was theirs after the relationship had ended.
But in my case, I had/have possession of all those items when my ex left and then she entered a document into court (so its part of the divorce settlement/papers), those things she wanted to remove from the house.
Its was/is legally binding.
These were something she didn't want or list on that document, therefore anything left in the house is now legally mine.
She can no more come back into my home and claim anything, than she could from your home.
And traceable documentation? I kept all the receipts, same address.
Anyway, I thought this forum was to help those that post, and not look for another problem that doesn't exist or is relevant?
But thanks for taking the time to read anyway.0 -
Op purchased the item in 2002. It cannot be pursued now, as per the Statute of Limitations.0
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Hi molerat,
I think in this particular case, the chattles of either partner is deemed to be at least 50/50 if not full ownership of either (while they are still together, under the same roof) when they need to sell it and that's why you can sell something if the other bought it, otherwise wouldn't it be theft?
Ex partners would have a field day claiming something was theirs after the relationship had ended.
But in my case, I had/have possession of all those items when my ex left and then she entered a document into court (so its part of the divorce settlement/papers), those things she wanted to remove from the house.
Its was/is legally binding.
These were something she didn't want or list on that document, therefore anything left in the house is now legally mine.
She can no more come back into my home and claim anything, than she could from your home.
And traceable documentation? I kept all the receipts, same address.
Anyway, I thought this forum was to help those that post, and not look for another problem that doesn't exist or is relevant?
But thanks for taking the time to read anyway.
To be fair they have a point. You haven't purchased anything from QVC your ex partner has. There is no reason for QVC to either provide you with a refund or any sort of compensation as you haven't purchased anything. There isn't any reason they began to respond to your requests in the first place.
Have you checked they haven't refunded to your ex wife's account?0 -
Op purchased the item in 2002. It cannot be pursued now, as per the Statute of Limitations.
It has been pursued...so it can be. QVC have made an offer which the OP has accepted. QVC have not delivered on their offer.
Now arcon5 what do you suggest? Do you still say the OP can't pursue this?0
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