Evri switched £440 parcel court claim issued. *** Refund in full***

[BubbleNGeek]

I stumbled across this forum with hope that all was not lost. I feel incredibly silly that I opted against additional insurance now my goods have been stolen.

 

I purchased an item on eBay for £440. I arranged collection through Evri. The seller, who I’ve been in regular contact with, dropped the item to a ParcelShop.

 

I was notified the parcel was collected however when it arrived today, it was an old box of broken glasses. 
 

I immediately contacted the seller who was as shocked as I. They provided a picture of the package with label in the shop where they left it, and a receipt for drop off. They went back to the shop today and obtained CCTV footage of the parcel being collected and of footage outside where the parcel loaded into a van. It was the last parcel collected that day according to the shop.

 

I have footage of the delivery driver delivering a different parcel to the one in the sellers photo and ParcelShop’s CCTV footage, plus a confirmation photo from Evri showing a different parcel on my doorstep to the one which was sent. In the sellers photo, the label on the parcel is the same as the one I received but the parcel had been switched.

 

My next step was to report a crime with the police.

 

After reading Evri’s T&C’s, I can’t see them paying any compensation because I didn’t pay for additional insurance. I’m now kicking myself I didn’t.

 

I’ve tried contacting Evri but can’t get past an automated service where I was limited to leaving a note.

 

Before hear back, if and when I do, I wanted to start a topic so that anything I do here on puts me in the best possible position to get something back form Evri’s complete lack of integrity.

 

What chances do I stand? Any advice welcome.

 

My best.

[BankFodder]

You will get your money back .

 

Start reading the stories on this EVRi sub forum and you will start to understand why the insurance requirement is unfair and therefore uninforceable .

 

Not only that, many people get insurance and they still don't get their reimbursement .

 

Read The stories on the sub forum. You probably need to read at least a couple of dozen of them and then we will take you through the next step

 

 

 

[BubbleNGeek]

That’s reassuring BankFodder, thank you. I have read several already which is what prompted me to start a new topic.

 

Reading the reasons why insurance requirement is unfair gives me hope.

 

I’ve started documenting steps from other stories and will see whether I can get in touch with a human tomorrow.

[BubbleNGeek]

It’s been a just over month since my message and as advised in many other posts and as expected, Evri have been absolutely no help.

 

I had read other posts about just sending the letter but I was hopeful and the past month has been a little hectic. I guess they rely on this.

 

Anyway, I attach my letter of claim and will begin the claim with Money Claim Online.

 

Best.

Evri Theft April 22 Draft.pdf

[BankFodder]

Okay. Send the letter of claim and start preparing your draft predictors of claim and post them here.

Don't imagine that they will respond to your letter of claim with the money. Get ready to issue your claim on day 15.

Make sure you have done all your reading and you understand everything that we have to say about the unenforceability of the insurance requirement

[BubbleNGeek]

Here was the particulars of claim I drafted. I originally wrote it expecting a refusal because I hadn’t taken out insurance but they’ve simply ignored me so it may need adjusting.

 

Particulars of claim

Item declared: Bose S1 Pro Speaker

Declares value: £440

Deliver fee: £6.94

Item value: £440.00

 

Total claim: £446.94

 

The claimant used the defendant's courier service to deliver an item, value of £440 to a UK address. Reference number X00XXX0XXXXXXXX.

 

The defendant breached the contract by losing the item in their possession and refuses to compensate the claimant.

 

The defendant's own negligence and the criminality of its employees breach the meaning of the Consumer Rights Act 2015 where the service has clearly not been provided with reasonable skill and care.

 

The claimant seeks £440 + £6.94 postage cost, total: £449.94 plus interest pursuant to section 69 County Courts act.

[BankFodder]

Ok. That's fine .

Prepare your claim on the county court website and get ready to issue it on day 15

 

[BubbleNGeek]

The claim has been issued. I haven’t even received a response from the letter and proof I’d sent them which I was surprised about. I sent the letter on 10th June, issued the claim today (18 days). Let’s see how we get on.

Edited June 28, 2022 by BubbleNGeek

[BubbleNGeek]

Today I’ve received a letter from EVRi legal representative acknowledging the claim and their intent to defend all. 
 

They now have 28 days to file a defence. Is there anything else I will need to do in the meantime?

[BubbleNGeek]

@BankFodder, I’m aware that I’ll be liable for fees if I were to lose. Should I also seek a legal representation too?

 

 

 

.

[BankFodder]

No.

Win or lose you won't get any legal expenses back for professional representation

 

 

 

 

.

[BubbleNGeek]

Quick update.

 

I’ve received the defence from Evri last week and a questionnaire from the court service today.

 

As expected Evri said that I’d agreed to terms and conditions by using their service which limit their liability. 
 

They state:
 

• Accordingly, the Contract terms limits the Defendant's liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods.

 

That compensation value is the lesser of £20 or the value of the damaged/lost goods plus
postage.

 

and

 

• The Claimant did not opt for Full Cover and therefore, pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £20 plus the value of the postage, being
£6.94.
 

They also said they have proof of deliver, which is correct but the item delivered was broken glass, not the item that was collected.

 

I’ve completed the questionnaire which will be sent tomorrow but since the particulars of claim is limited I haven’t yet provided any evidence.

 

As mentioned earlier, I have CCTV footage from the ParcelShop of the item being dropped of by the sender, collected by Evri and loaded in to a van.

 

I also have footage of a different parcel being delivered and Evri’s own proof showing a different parcel.

 

At what stage will I be able to provide this evidence proving that the parcel was swapped whilst in Evri’s care?

 

Once again, this site a trove of knowledge and so helpful I really appreciate all the help.

[AndyOrch]

Quote

I’ve completed the questionnaire which will be sent tomorrow but since the particulars of claim is limited I haven’t yet provided any evidence

 

That's the next stage once you have submitted your N180 DQ...follow this link.

 

 

 

[BubbleNGeek]

Excellent, thank you. I’ll keep you posted.

[BubbleNGeek]

Case update.
 

I was unable to attend the mediation which meant the case is to be forwarded on to a judge.

 

However, Evri’s legal representatives were obviously keen to settle. 
 

I had a call with them today and they’ve agree to settle in full.

 

They did briefly try to use the limited liability in the contract and asked why I hadn’t taken out insurance.

 

I quickly stated that I believed the contract was unbalanced and unfair according to the provisions in the Consumer Rights Act 2015. 

 

I explained that as a consumer, I’m unable to know there’s risk of criminality in Evri’s workforce, and therefore it was unfair to expect me to insure against it.

 

I added that the parcel was 10kg, and loosing a large, heavy parcel would also be difficult.

 

With the evidence I had too, they didn’t really try to bargain with me and asked if I would be happy with the amount which was lost.

 

I replied yes, along with court fees, and an agreement was made.

I just wanted to thank this forum for all the useful information.

 

It’s not the easiest site to navigate, especially on mobile, but all the information is here if you take your time.

Big thank you to BankFodder and Andyorch too.

 

I think the little bits of information you provided helped gave me confidence it was worth pursuing.

 

I understand this site takes donations so will certainly do so as a token of my gratitude.

[dx100uk]

Well done 

 

Dx