Yodel Direct Lost my Smarthphone refused my claim

[crymeariver]

Timeline of Events:

 

-On March 12 I sent with Yodeldirect a Smartphone I sold on ebay for £75

 

-On March 19 after a week since I posted, EBuyer complain that he didn't received the smartphone , I can see on Yodel tracking system there wasn't not more update in their system after they collected the parcel from the shop on March 14.

 

-On March 22 I opened a clain on Yodel Website.

 

-On April 1st  after many documents requested by Yodel and reading some post here I realized this was going nowhere and them sent Yodel a "Letter of Claim" for £75 (the sold price of the phone) 

 

-On April 6th Yodel keep requesting documents this time to block the smartphone IMEI on a website called imeipro.info which I did but as today this website still showing the IMEI as clear. But that day I also report the IMEI as stolen to  imei.info and  immobilise.com.

 

-On Abril 15th I sent a message to yodel via their claim page  explaining that imeipro.info haven't marked the IMEI as stolen but I also reported to immobilise.com and imei.info, but they didn't responded anything.

 

-Today Yodel sent me email saying "We regret to inform you that due to a failure to produce the documents we required from you before the given deadline, we’ve had to close your claim enquiry against"

 

So I guess my only option is to send Yodel to court.

 

I just want to make sure I do this right,

 

So my next step is going to the Money Claims website and open one claim there?:

 

 

Make a court claim for money: What a court claim is - GOV.UK

WWW.GOV.UK

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How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from...

 

Thanks

 

 

 

[BankFodder]

Your next step is to read the stories on this sub- forum. Most of them concern EVRi but they will probably be the same.

Understand all the principles.

In particular, was the item properly declared?
Was the value properly declared?
We offered any kind of insurance?
Did you take out the insurance?
Did you send it directly with yodel or did you use a parcel broker – price comparison service such as packlink?

 

Make sure you have read lots of the stories – at least a couple of dozen of them before you start taking any action.
If you send any communications to yodel then you would be advised to C the draft before you post them off
 

[crymeariver]

Hello @BankFodder 

Yes I had read load of thread here.

 

In particular, was the item properly declared?

Yes
Was the value properly declared?

Yes
We offered any kind of insurance?

yes

Did you take out the insurance?

I decline

Did you send it directly with yodel or did you use a parcel broker – price comparison service such as packlink?

Directly with yodel

 

 

Do you have a chance to  read my post? at this point I don't think there is any more comunication with Yodel, they rejected my claim because the IMEI of the smartphone was never showed as blacklisted on the website they suggested.

 

So I asked a very straightforward questionstrai. If I'm right it assume my next step is taking Yodel to court  and create a Money Claims in the gov website.

 

Thanks

[BankFodder]

Your first step is to send a letter of claim

[crymeariver]

Dear @BankFodder  As I explained on my above timeline I already sent a"letter of Claim"on April 1st

[BankFodder]

Sorry, I hadn't picked up on the fact that you had already sent a letter of claim but as this would have given them 14 days, I would have expected you to have issued the claim on day 15 as promised in your letter of claim.

It seems to me that your deadline has expired and so you need to get a move on so the answer is – yes, you need to issue your claim.

It would still be a good idea if you later see your letter of claim and I suggest also that you C your particulars of claim before you click them off.

By not sticking to your deadlines, you undermine credibility

[crymeariver]

Hi, this is what I wrotein the letter of claim:

 

Letter of Claim

Parcel reference number – ???????   Claim Ref: #???????

On 12/03/2022 I used your service to send a parcel under the above
reference number. I dropped off the parcel at the parcelshop, cheking
the tracking number I can see this was collected. Later on I can see
an update on March 14 saying that was in route, but not further update
was reported
On March 19 I filled the online form and opened a claim in your
website. as of today I haven’t received any update or futher response
from you even though I have contacted you multiple times.

I am preparing to take you to court if I don’t hear from you. If you
force this to a court hearing – you can be certain that I shall be
producing evidence from many different sources to show that you
systematically lose parcels and decline liability on spurious grounds
which are unfair and unenforceable.
as Explained in the online form I filled in your website where I
provided details of the contents of my parcel which  were valued at
£69.00 plus the delivery fee of £2.79.
If I do not have reimbursement in full within 14 days then I shall
issue a claim in the County Court to recover this money from you plus
interest and without any further notice.
Yours faithfully

???????

 

 

[BankFodder]

Okay it will be fine.

Check your spelling –  chek

[crymeariver]

Checking the Yodel Documents it seems I used £50 as  value of the smarthphone (Thinking this was the MAX I was able to claim based on their  Terms and C) I guess I can only Claim £50 plus shipping fee at this point.  please let me know If I should still used the value of the item as £69 and them claim the amount of  £50 + £2.75 Shipping Fee only.

 

 

Briefly explain your claim:
The claimant used Yodel to post a smarthphone to postcode ??-??. The
value of the item is £69

The parcel was dropped off at the Yodel ParcelShop as directed on 12
/03/2022. The parcel was collected by EVRi on 14/03/2022.
The parcel was failed to be delivered.

The defendant breached the contract by losing the items and refuses to compensate the claimant.

The claimant claims full reimbursement of £52.79 (item value plus delivery fee ) plus interest pursuant to section 69, County Courts Act 1984

 

 

 

 

 

[BankFodder]

In our view, you can only claim back the declared value. You could try for more and then accept the smaller some. It's up to you.

However I would make it clear in your particulars of claim that the value was £69 but inadvertently declared at £50

[crymeariver]

Thanks so this will be my final Explanation (Seem OK to you?)

 

The claimant used the defendant company to post a smarthphone to postcode ??. The value of the item is £69 (but inadvertently declared at £50 on Yodel Website)  

The parcel was dropped off at the Yodel ParcelShop as directed on 12
/03/2022. The parcel was collected by Yodel on 14/03/2022.
The parcel was failed to be delivered.

The defendant breached the contract by losing the items and refuses to compensate the claimant.

The claimant claims full reimbursement of £71.79 (item value plus delivery fee ) plus interest pursuant to section 69, County Courts Act 1984  plus Court Fees

Edited April 21, 2022 by BankFodder
Edits in red

[BankFodder]

Are you suing Yodel?

[crymeariver]

Yes Yodel

[crymeariver]

Timeline of events

 

12/03/2022 Created order on Yodel Website

14/03/2022 Yodel Collected the Parcel from Parcel Shop

22/03/2022 Opened Claim on Yodel Website

29/03/2022 Yodel informed me that after a full investigation theywere unable to locate my parcel.

1/04/2022   I sent a letter of complaint

06/04/2022 Yodel request to Register the lost phone serial number "IMEI"  on a website called  imeipro.info, Which I did and received email confirmation but as today that website still not showing any update, I also reported the "IMEI"  on two other well know website: immobilise.com and imei.info I explained this to Yodel

19/04/2022 Yodel Oficially Refuse my Claim  due to a failure to produce the documents.

[crymeariver]

Also There is a secction in Money Claims called:  "List any evidence (optional)"

Should I upload there Scren Shoots of Ebay, Email  ,Receipt of Origianl Item, etc or is not necesary at this point?

[BankFodder]

check my edit to your poc in red above

[crymeariver]

Thanks I will amend. What about the :  "List any evidence (optional)" ?

[BankFodder]

I'm not sure that means – but simply list some of the basic evidence you've got such as the instructions you gave them and maybe any notification that the item was lost et cetera.

The most important thing is to establish your cause of action in the particulars

[crymeariver]

How long do I normally have to wait to hear anything after I submit the money claim?

I'm asking because I'll be out of the country for 28 days from tomorrow, so I'm not sure if it would be better to here in the UK when I hear from them.

[BankFodder]

Sorry, but this suggests to me that you haven't read the stories on this sub forum .

You really need to do this in order to be fully informed and to be confident

 

[crymeariver]

From everything I read they usually ask for an extension of 14 days. So I think if I send this tomorrow it would be around 28 days.   I asked because I want to make sure I don't miss anything while I'm away. Am I right in assuming this?   

[BankFodder]

yes, that's right. 

 

However, if you keep on reading, you will see that the deadline is for them and not for you .

On the other hand, if they exceed the 28-day deadline then you can apply for judgement.