EVRi / Evri lost a £440 sports watch I was returning

[JerryMG]

Hi everyone, 

 

I am yet another customer with a terrible experience with EVRi. 

 

- Bought a Garmin sports watch from SportShoes online on the 2nd of June for £440.

 

- Decided to return it a few days later, on the 8th of June, and followed SportShoes’ preferred partner, Evri. I generated an EVRI return label from the retailer’s website and delivered the parcel at the closest Parcel Shop. I did not take an insurance as that option was not offered from SportShoes’ website. Out of convenience, decided to go with Evri anyway, which in hindsight was not the correct choice. Sportshoes does disclaim that Evri only covers losses up to 50 pounds and advise insuring or using alternative courier for higher value products.   

 

- On the 20th of June, I sent an email to Evri’s customer service to get an update, since according to their website, the parcel was still at the ParcelShop. Also called the shop who told me they deliver all parcels every day and was impossible they still had it. Today, that same person mentioned that Evri employees very often do not scan parcels. 

 

- Today, 23rd of June, I received an email confirming that the parcel was “deemed unaccounted for”, i.e. lost, and that I should claim from the retail Sportshoes. They didn’t seem to understand (or did not want) I was the sender. After speaking with SportShoes, they naturally referred me back to Evri for compensation. 

 

- Shortly after, I sent the email (which I copy at the bottom of this message) stating the facts and asking for full compensation. I realise after reading some of the threads that I should have avoided mentioning my intent to submit a legal claim and that the deadline was both inappropriate and unrealistic. This is why I now seek advice on what the next steps should be. 

 

I wanted to ask the following questions: 

- Does the email represent a formal complaint to EVRi? Or do I need to send by post a letter? 

- Is there any thread with the template of a Letter of Claim? I understand I do need to send this after 10 days of my formal complaint. I have seen threads, but PDFs do not seem to be available for download anymore. 

- Is there any template on how to fill the legal claim via the Money Claim website (already registered)? This I understand needs to be send in day 15

- Is SportShoes, who ultimately referred me to Evri to return this item (which I now realise is also in the prohibited list) responsible in any way? 

 

Any guidance on next steps would be extremely appreciated. 

 

Thank you in advance

 

*******************

 

Email to Evri sent today: 

 

Dear Sir or Madam,

As you can imagine, I am extremely frustrated and disappointed with this incident (the loss of my parcel), and shocked by the fact you have not responded to my emails or calls. I have spent the last two hours trying to speak with an Evri representative, which has been impossible so far. Chats and phone calls are exclusively managed by bots and automated responses. From what I see, you have no customer service, and in the situation of a lost parcel, the least you could do is reach out to the customer and explain their options. Moreover, I have not even been able to find the form to submit a claim. Everything in your website is designed to make it impossible to claim.

The "lost" parcel contained a Garmin watch Forerunner 955 Solar that I bought from SportShoes on the second of June. The product, as you can see in the invoice attached, has a value of £549.99, although I purchased it with a 20% discount. Hence, the value of the product was of £439.99.

After trying the product I decided to return the product following the instructions from the retailer SportShoes, and used their prepaid label (which I also attached, which is proof of the value of the item contained in the parcel). I delivered the parcel in one of your parcelshops, "XXXX" (address). Since then, I had no news on the status of the delivery, and therefore reached out to you on the 20th of June to get an update and see if there was an issue. To this date, the website still says that "You've got the parcel, We've received your parcel at the ParcelShop and we'll be collecting it shortly".

Today I have received the below communication from you saying that,
- Due to the amount of time elapsed, the parcel is deemed "unaccounted for", meaning you have lost it
- That I should seek a solution from the retail (SportShoes) for a refund or replacement.

After speaking with SportShoes representative, they confirm they have not received the product and insist I must seek compensation from you. A replacement is certainly not something I am interested about, I am the sender of the package, not them, and I was interested in returning a product, not receiving one. Therefore, it is you that need to provide compensation for the economic damages you have caused by losing the parcel I sent to them, of £439.99.

I have sent and received hundreds of packages in my life, and never experienced this problem before. And I must say that coincidentally, the lost package had the shape of a small (watch) box, which makes me think that the parcel has not been lost but rather stolen and that you have not the right measures in place to prevent this situation from happening. You have not been able to tell me when / where exactly was the parcel lost and who was responsible at that time of overseeing it. You must have this information.

I am looking forward to a prompt answer or call from you on how to proceed to seek compensation for the full amount.

Given the above mentioned difficulties in reaching out to you, I will give you 48 hours for a satisfactory response and active engagement to resolve this situation, or I will pursue legal actions against your company.  As a matter of fact, I am currently drafting the legal claim and following the steps provided by the MoneyClaims (HM Courts and Tribunals Service), which starts with the attempt to resolve disputes between the parties.

 

[dx100uk]

written complaint giving 10 days if you wish by royal mail with free proof of posting from any PO counter

letter of claim giving 14 days by royal mail with free proof of posting from any PO counter

issue court claim on day 15.

 

there are 100's of evri claimform threads here with all the info and examples you need

use our enhanced google search box.

 

dx

 

[Manxman in exile]

Is this a straightforward "distance sale cancellation"?  If it is and the OP (i) has satisfied the requirements for cancellation* and (ii) has proof of return posting, then isn't this just a simple refund claim against SportsShoes under s34(4) and 34(5)(b) of the legislation?  

 

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

WWW.LEGISLATION.GOV.UK

---

These Regulations implement most provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on...

 

Rather than messing about with the courier, wouldn't it be simpler for the OP to quote the applicable law to SportsShoes and explain to them that the above legislation entitles them to a full refund no longer than 14 days after they have provided to SportsShoes "evidence of having sent the goods back"?  s34(5)(b)

 

I suspect SportShoes may not know the law and/or have treated the return as being under their own returns policy rather than under consumer rights legislation.

 

* Unfortunately, all the OP has said is that they "Decided to return it... " 6 days after purchase, so it's not clear if it's just a return under SportsShoes own returns policy or whether the OP cancelled it as their consumer right under the above legislation.   Whenever I return online etc purchases I always make it clear that I'm doing it under the legislation as that offers protection in the event of the returned goods being "lost" by incompetent (or possibly dodgy) couriers.

 

Edited June 24, 2022 by Manxman in exile

[JerryMG]

Thank you. This is very interesting perspective.

 

I do consider Sportshoes partly responsible for referring me to Evri for the return of my watch.

 

Even if they advise to take on insurance, they actually referred to a courier that has “watches” in their prohibited list of items, which is unacceptable. But I see the point that what matters is that I sent the package, not whether or not it was received. Thank you  

 

Hi all, thank you for your advice and support so far. It is greatly appreciated. I have prepared two formal complaints, one to Sportshoes as the retailer for not reimbursing me within 14 days of sending the item, following Manxman in exile guidance, and another to Evri for losing my parcel. 
 

It would be great to have your input on whether these are ok and I should be sending both. I will the need to consider which party to sue, should that be needed. 
 

I have read many claims against Evri but none against how the process (and the defendant) might change when the item sold is returned from a previous purchase. Is there any thread you could refer me to? 
 

Thank you in advance 

Formal Complaint Evri.pdf Formal Complaint SportShoes.pdf

[dx100uk]

its no diff

evri lost a parcel.

 

same process as any lost parcel thread

 

dx

[Manxman in exile]

If you were confident that (1) you had cancelled the contract under your statutory right to cancel a "distance sale" given to you under Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and that (2) you had clearly communicated to the trader that that was what you were doing, then I would go back to SportsShoes and explain that it's their liability and quote the legislation as given previously.

 

The problem with that, however, is that I suspect you didn't clearly tell them that you were cancelling the purchase under your statutory rights (probably because you weren't aware that you could do that) and instead you were returning the watch under whatever the T&Cs of SportsShoes own returns policy says.  If that is the case, then I don't think you would be able to rely on the legislation to claim against SportsShoes, and you are left with trying to claim against Evri.  Which is what I think dx100uk is saying you should do, so do what they advise.

 

As I posted previously, if I'm returning a distance purchase I always make it clear - when appropriate* - that I'm exercising my right to cancel a distance sale under The Consumer Contracts Regulations and not under the trader's own returns policy.  If I do that I'm covered against the trader by the legislation (so long as I can supply "evidence of having sent the goods back" ) if the returned goods mysteriously "disappear".

 

* It might not be appropriate if the trader's own returns policy gives me a better deal or if I've "excessively handled" the goods before return meaning my refund can be reduced under the legislation.

[JerryMG]

Thank you both.  Very clear, and as you suspect I was not aware of the of the possibility and therefore will proceed with claiming to Evri. However I still intend to send both formal complaints to each of the parties. 
 

I understand these are ok, I will send them tomorrow. 
 

thank you for your help so far. 

[JerryMG]

After sending formal complaint to Evri I got the following message, only covering for the insured amount of 50 pounds. I assume it is time to follow the money claim process, right?

 

*******
 

We are pleased to confirm that we have today accepted your claim for £52.94

 

• Compensation : £50.00

• Evri postage: £2.94

 

During our claims process, if your parcel is located, we will endeavour to deliver this to your Client as quickly as possible. 

 

To allow us to make the payment please provide me with the following information within 14 days;

• Name on the Account
• 8 Digit Account Number
• 6 Digit Sort Code

Please ensure you do not provide your long card number as we do not require it to process your payment.

 

On receipt of your bank details, please allow 3-5 working days for us to pass your details to our Finance Department. You will receive a further email confirmation when your claim has been completed.

 

Thank you for your patience on this matter and I’m sorry for any inconvenience caused.

 

[BankFodder]

Give them the details they want but also make it clear to them but you will be proceeding for the rest of the money

 

 

 

 

 

[JerryMG]

Will do, thank you 

Edited July 7, 2022 by JerryMG