EVRi - court claim issued for £1800 of lost parcels

[LVD]

Hi there,

I'm currently in the process of trying to recoup my losses through the negligence of EVRi EVRi Hermes

 

I'm a private seller who sold 2x Samsung handsets on Ebay for (£975.99) (£825.99) as Next Day Delivery. [Total £1801.98]

declared on the value, before sending.

 

Both parcels were dropped off at the parcelshop and collected the following day, on the 28th February.

Following this, tracking shows that they were both collected, but neither were registered as even having reached the depot.

 

Naturally, EVRi  EVRi Hermes are now saying that they consider them "lost" after investigating and as per level of cover that I chose, only willing to reimburse £20 + £6.40 in postage costs.

 

After multiple emails back-and-forth, I just received generic replies after explaining how I couldn't possibly understand 2 separate parcels going "missing". Especially when there should be a clear audit trail between the parcelshop and depot, with a specific individual who's liable. Moreso with a Next Day Delivery service.

 

I'm willing to take this to a Small Claims court if needs be, however advice from this stage would be much appreciated.

 

They've just responded with the £20 + £6.40 offer which I've not replied to yet (obviously refusing this)

 

Thanks in advance.

 

 

[dx100uk]

quite correct refuse it

 

type in EVRi Hermes and read a good few 10's of threads

you'll soon get the idea.

 

complaint LETTER

Letter of claim

court claim.

 

dx

 

[BankFodder]

In addition to the above, can you tell us if the items were properly declared and also if the value was properly declared – meaning correctly declared.

Did you take out the so-called insurance?

Also, my site team colleague has advise you to start off with a complaint letter but frankly our long experience with EVRi Hermes is that this is really just a waste of time and I would suggest that you begin with a letter of claim.

After you have done the reading advised by my site team colleague above, and you understand the principles – and also after you have answered the questions I've put here, please draft a letter of claim and post it up for us to look at

[dx100uk]

35 minutes ago, LVD said:

I'm a private seller who sold 2x Samsung handsets on Ebay for (£975.99) (£825.99) as Next Day Delivery. [Total £1801.98]

declared on the value, before sending.

 

[BankFodder]

Whoops!

And I missed that they were insured as well....

Senior moment! 

[LVD]

Thanks for your help.

Does this Letter of Claim draft look ok?

Anything you think I should add on?

Once you're happy with it, l'll ensure it's emailed and sent (Special Delivery) to Evri

(also note: the written date will be adjusted to the date it is sent)

 

               

 

Dear Sir/Madam,

Re. Items lost in Network – 2 x Samsung Galaxy Z Fold 3 256GB handsets with accessory pack

 

Below is a summary of my experience with your courier service:

 

26/02/2022 –     1 x parcel dropped off at local Parcelshop (parcel contents = 1 x sealed, brand new Samsung Galaxy Z Fold 3 256GB handset with accessory pack)   

                              

27/02/2022 –     1 x parcel dropped off at local Parcelshop (parcel contents = 1 x sealed, brand new Samsung Galaxy Z Fold 3 256GB handset with accessory pack)              Both of these sales were made as a private seller, via Ebay.

 

28/02/2022 –     As per the tracking, both of the parcels were collected at 12:42. Neither had any further updates from this point.

 

Correspondence with your executive team eventually declared the parcels as ‘lost’ on 17/03/2022,

as to which I was required to send out replacements to my customers.

Following this, Evri/EVRi offered £20 compensation (plus postage) per parcel, based on the “level of cover” chosen, which I declined.

 

Under the Contracts (Right of Third Parties) Act 1999 and Consumers Rights Act 2015, I am writing to claim full compensation directly from Evri/EVRi for my two missing parcels with a total value sale of £1801.98 (plus £12.80 Next Day delivery costs). If my claim is not approved within 14 days of receipt of this letter, I will issue proceedings against you through the county court.

Yours Faithfully,

 

     

 

 

[BankFodder]

A bit detailed but yes it's fine.

 

Send it straight away and then register with the county court money claim website and start preparing your claim .

 

Let's see the draft of your claim before you click it off on day 15

 

[LVD]

Hi,

Please could you check this over. Day 15 since their receipt of the Claims Letter is upcoming (Wednesday)

 

Claim amount:

                                                                                                Amount:

Samsung Galaxy Z Fold 3 256GB handset with accessory pack     £975.99

Samsung Galaxy Z Fold 3 256GB handset with accessory pack     £825.99

 

Particulars of Claim:

The claimant by way of Third Party Rights under the Contracts (Rights of Third Parties) Act 1999 is suing the defendant’s courier company (EVRi/Evri) which agreed to deliver two separate parcels, each containing 1x Samsung Galaxy Z Fold 3 handset & accessory pack, respectively to two UK addresses. These were posted as Next Day Delivery with tracking reference numbers .... and ....

 

The parcels were collected from the Parcelshop but tracking states that they never reached the depot and were later declared as “lost in transit”.

 

The defendant has not responded to the claimant’s formal claim letter.

 

The defendant’s courier company has offered to compensate the claimant with £20 (+ £6.40 postage costs) per parcel which the claimant refused. The claimant seeks full reimbursement of £1801.98 (value of sold items), plus £12.80 postage costs, plus court fees of £115. Total: £1929.78

 

 

Timeline of events:

 

·         26 February 2022 - EVRi Courier Company agreed to deliver two items with the following reference numbers: ......

 

·         28 February 2022 – Both parcels were collected from the Parcelshop by EVRi employee.
 

·         17 March 2022 – Parcels declared as “lost in transit” after correspondence with the Executive Team.
 

·         29 March 2022 – Letter of Claims for both missing parcels received by EVRi (as per. Royal Mail Signed For delivery). No reply received after 14 days.
 

 

 

Edited April 10 by dx100uk
docx put up as text

[dx100uk]

ive put your 2 docx files up as text in your posts and removed ref no's.

its not a good idea to use docx files here as all your personal details are seen in file properties/info.

[BankFodder]

It's fine but if I were you I would detail their respective values as well .

You have only put in a single total

 

[LVD]

Letter of acknowledgement received, dated 22/04 and signed by an Ella Uttley (Evri Legal Department) with the intent to defend all of the claim.

[dx100uk]

what date is on your claimform?

post up their defence as soon as they file it as a pdf

 

dx

dx

[LVD]

Sorry for confusion:

My letter was dated 25/04/2022 but the claimform (signed by Ella Uttley) is dated 22/04/2022

[dx100uk]

have you issued a court claim or is this just a letter of claim that you sent?

 

dx

 

[LVD]

Letter of claim was sent prior, with no response.

So yes, this is regarding my court claim.

Edited April 29 by LVD

[Manxman in exile]

Apologies if I've missed something, but why is the OP basing their claim on third party contract rights under legislation (#8) when they have presumably contracted directly with Evri/EVRi themselves as they were the seller of the items gone missing?

 

(I'm not sure it matters, but if the OP chose Evri/EVRi  as their courier, then they don't technically have any third party rights to enforce.  They are in a direct contractual relationship with Evri/EVRi and just sue under the contract, don't they?)

 

[Edit:  for clarity I am not typing Evri/EVRi - I'm typing Evri/"their former name" but this website keeps changing what I type.  It's very annoying.  I don't like having what I type changed outside of my control.  I don't think it's a sensible practice... ]

Edited April 29 by Manxman in exile

[dx100uk]

well stop typing  h e r m e s then!!

 

are you not aware they have changed their trading name?

 

 

[Manxman in exile]

I'll type what I need to in order to make what I'm saying perfectly clear to anybody who happens to read it.  I do not make the same assumption that you do that everybody will be aware that EVRi have changed their name to Evri.  By using both current and former names there can be no confusion.

 

Automatically changing what posters actually post is wrong - no matter what misguided good intentions this site might have for it.  It simply shouldn't happen.  It's disrespectful to posters and potentially misleading to readers of the forum.

Edited April 30 by Manxman in exile

[LVD]

Received defence letter today (attached)

J7QZ30D9 DEFENCE.pdf

[BankFodder]

Standard defence. Wait for the directions questionnaire and keep on doing the reading about insurance requirements and how unfair and unenforceable they are

[LVD]

Directions questionnaire received - Evri have said that they're unavailable until mid-September to potentially attend a hearing. Obviously they've agreed to the mediation service too, so I'll complete my form and get it sent off.

 

[LVD]

Mediation date recieved - 06/07/2022

[LVD]

Sorry for the delay - a resolution couldn't be agreed so it's going ahead to court.