Evri/Packlink lost parcel - court claim against evri raised ***Settled***

[Santorini]

Hi,

I sold an iphone on EBay in November using the Packlink label.

Buyer paid promptly.

Sent it via an Evri drop on 14 November paying for next day delivery.

Tracking showed that it did not move after failing to be delivered from the Bradford depot.

 

Contacting the autobot on Evri just gave the same information.

I then found the CEO's email address via Twitter and sent him the email below on 21 November.

 

The next day I received an email asking for more information (see my response below).

the following day a phone call from someone in the CEO's Office saying they would contact the Bradford depot.

Nothing happened.

I got a follow-up email saying they were still trying.

 

Then the buyer opened up a non-delivery claim and was refunded and then EBay took the money from me.

I sent another email to Evri (always copying in the CEO) saying this had happened.

 

Final response on the 28th saying the parcel was "unaccounted for" and saying that as I purchased the label via Packlink they were deemed the carrier even though it was lost in the Evri network (see response below)

 

 I replied with my disappointment on the 28th and have had no reply.

I was just going to let it slide then I saw the post on the Facebook group.

If something can be done, they should not get away with it.

 

Thanks in advance

 

First email to Martijn de Lange, CEP Evri.

Dear Martijn,

 

In good faith I used Evri to deliver a parcel to (postcode). A distance of 53 miles, 1 hour 15 mins driving time from my home in Manchester. I dropped it off at 9.28 am 15th November and paid for next day delivery. On the 17th it was not delivered due to an accident closing a road. Since then nothing has happened. No attempt at redelivery and no update via tracking. I have tried to get help via the website but the automated system just gives the same information. There is no way to get support or speak to someone.

 

I am appealing to you as CEO who has said you want Evri to give customers a great delivery experience. Please help me by asking someone to track the package and deliver it or to return it to the Manchester drop-off point where I can pick it up.

 

 

My response on the 22nd November

Customer By CSS E-mail (Anne Strachan) (22/11/2022 02.47 PM)

Dear Shamsher,

 

Thank you to Martijn and yourself for getting back to me.

 

In answer to you questions

• Full description of contents

The item was an iPhone 11 sold on EBay (see two images attached). It had a damaged silver back hence the raether cheap selling price of £265. The buyer paid this plus postage promptly and has been waiting patiently for a week now. However, he has opened a non-delivery case with EBay today and if it is not delivered I have to refund him but do not have the phone. 

I have attached screenshots of the EBay order details, giving the buyer's address, and the tracking information which had not been altered from the 17th November until your response was logged.

 

• Any photos of contents

Please see attached photos of the screen and the damage to the reverse.

 

• Full description of how the parcel was packaged

The iPhone was in its original box wrapped twice in bubble wrap. This box was in another, slightly smaller than a shoe, cardboard box so it fitted perfectly. It was secured twice (length and width) with brown packing tape. The Evri label was secured with clear sellotape. There was no indication that there was a phone in the box. I paid for next day delivery, which should have been the 16th November. There was a clear ND on the Evri label and I think it said Van 74, but can't be certain of that. I did not take a photo of the wrapped and labelled box, why would I?

 

 

Final response from Evri

 

Response By E-mail (Gabby Glowacka) (28/11/2022 12.24 PM)

Good morning Anne,

Thank you for getting in touch with your enquiry regarding your undelivered parcel H0067A0100235628. I am very sorry for the inconvenience caused to you.

I have looked into this issue for you and attempted to obtain further details of this delivery to help locate the parcel. However, I’m afraid I have been unable to gather the required information and so I must, unfortunately, deem your parcel unaccounted for.

I would like to offer my sincere apologies for this disappointing outcome, I can understand how frustrating this situation may be for you.

I can see that you purchased the shipping label for this parcel via Packlink. While your parcel was sent using the Evri network, Packlink are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you. I have added a useful link below to assist you:

 

Packlink Help Centre: https://support.packlink.com/hc/en-gb

 

My reply on the 28th

 

Dear Gabriela,

 

I am really surprised at this email. The parcel was lost in the Evri network by Evri staff and tracked by Evri. I am quite shocked therefore that Evri will not be responsible for its systems, logistics and staff. You are passing it on to the label company. Packlink did not deal with the parcel or lose it, Evri did. You are not offering to even contact this company on my behalf, given the situation.

 

As you can imagine unless something changes I can never send items using Evri again as I now know that, when you lose a parcel, customers always will lose money and/or the goods. I will also not feel confident in purchasing items which will be delivered by Evri for the same reason. I hope that Martijn, as CEO, who has said he wants customers to have a great delivery experience. It is clear that I have not. Evri has lost an item worth £265.

I hope that you will help. Companies are judged by their actions when things go wrong.

 

[BankFodder]

First of all, we have to ask you to try and keep your posts a lot shorter .

 

We are just a volunteer team here and although we always win, we need to try and get through material quite quickly .

 

Secondly, it is pretty difficult to read solid blocks of text on small screens, especially telephones and so therefore we would appreciate well spaced and punctuated messages .

 

 

I haven't read through your whole story yet, but please restart off by reading as many of the stories on the subform as you can handle over a couple of days. That means lots of them .

 

So, please will you follow the link at EVRi in order to understand the principles involved .

 

Every story goes the same way.

 

You will have to threaten them with a letter of claim.

They will ignore it.

You will have to wish you a claim.

They will go to mediation.

 

At mediation. They will try to save a few quid but you must stand your ground and you will get all your money plus your costs .

 

This is the way that EVRi abuses the taxpayer funded county court system by raising obstacles on the cheap and intimidating people with a court process, which is actually very easy to follow – especially with our guidance.

 

Read the stories and then come back here when you think you are ready.

 

 

 

 

 

 

 

[Santorini]

Oh sorry. I thought giving the whole story would be helpful. I'll do what you advise and come back when ready.

 

Just a quick question. In another thread you advised that the person put in a formal complaint to Evri, wait c10 days, and then come back after researching Letters of Complaint etc.

 

On 28 November Evri Support told me by email that it was lost and I had to go to Packlink. I replied with disappointment etc but did not call it a formal complaint or ask for full compensation. Is that still enough or should I send another?

[BankFodder]

It won't hurt simply to send another message to them rejecting their position and telling them that under the Contracts (Rights of Third Parties) Act, you know that they can be held liable – that they know it, and that you know that they know it.

 

[Santorini]

Draft follow-up email

 

Dear Evri Customer Services and Martijn De Lange,

 

I have not received a response to my email below for the parcel you admitted was "unaccounted for" in the Evri network on 28 November. 

 

I am now sending a formal complaint and request that Evri compensate me the full amount of my loss of £271.92. My last email has not been answered for 7 days. Therefore ignoring this email, a negative answer or one repeating that I have to go to Packlink for compensation will all be deemed a refusal to compensate. 

 

I am fully aware that I do not have to pursue Packlink for compensation under UK law.  I am pursuing yourselves as I am entitled to do under the Contracts (Rights of Third Parties Act ) 1999.

 

Also, is using the email address copying in the CEO, OK at this stage? I understand LOC should also go recorded delivery.

[BankFodder]

Do both – although they scarcely read them.

 

[Santorini]

Thanks. I've started the research. Luckily I find this interesting ...

 

I got an immediate response from Evri Support. The standard automated one* that did not refer to my formal complaint or past emails. I had emailed EvriSupport@evri.com. I''ve also posted it. 

However, If I send the LOC to this email I'll just get another automated response. Is there a better email address? I'll send it by recorded post as well.

 

*

I’m sorry to hear that you have experienced a problem with this delivery and I can appreciate how frustrating this situation must be for you and your recipient.
 
I can see that you purchased the shipping label for this parcel via Packlink. While your parcel was sent using the Evri network, Packlink are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you. I have added a useful link below to assist you:

[BankFodder]

Okay. Draft letter of claim and post it here.

[Santorini]

As advised I am doing extensive research on the forum. I have a couple of questions.

1. It seems Evri contests the rights of a customer to sue them rather than Packlink even though Contracts (Rights of Third Parties) is quoted in claims. They put this as their defence. Has any court upheld their position rather than the customer?
2. I have tried to find Court judgements in favour of customers but can't see any even after a search.

[BankFodder]

1. No.
2. There are two judgements available on this forum in respect of the unenforceable insurance issue. We have just won a third case on the same issue and we are currently ordering a transcript.
    

Pretty well every case goes to mediation and is settled at mediation so there are no judgements in respect of those. Only successful outcomes

[Santorini]

Thanks.

 

[Santorini]

I have just received this reply to my emailed and posted Formal Complaint.
 

My name is Sa'diyah,and I work in the Executive Team alongside my colleague, and I have been asked to respond to your complaint in their absence. I am extremely sorry to hear that your parcel is missing.

 

I can appreciate how frustrating this must be for your and your recipient. I appreciate that you mention it us who have lost the parcel but as your label was purchased from Packlink, they are regarded as the carrier, which is why we ask to contact them and they will get in touch with us on your behalf. The best way to resolve this is to contact Packlink and we will liaise this with them and in turn they feedback to you.

Should I respond with something like? 

"Thank you for your response to my Formal Complaint. You know, as I do, that I can sue EVRi Parcelnet Limited for the loss of my property under the Contracts (Rights of Third Parties) Act 1999.

You will shortly receive by email and post a Letter of Claim. If EVRi Parcelnet Limited does not settle the full amount claimed within 14 days I will start Court proceedings. The amount claimed will include fees and other associated costs."
 

[BankFodder]

No. Just send them a letter of claim.

Post a draft here before you send it off

[BankFodder]

In fact

 

Quote

Dear Sa'diyah,

 

Letter of claim – reference number XXX

Thanks your message.

I know that you have third-party responsibilities under the Contracts (Rights of Third Parties) Act. You know it as well and I know you know it.

If I don't get reimbursement in full within 14 days then I will start a County Court action against you and without any further notice.

Believe me

 

[Santorini]

Is this sufficient as a Letter of Claim. So I don't need to put in dates, amount claimed or that they have admitted to losing it which others have done.
But then putting the same in a letter sent recorded signed for?

[BankFodder]

Why bother? They've got all the details. They've laid it out in their message to you and they have the tracking number.

Short shrift

[Santorini]

OK thanks. I'll work out when to send it as I need to be able to start proceedings on day 15.

Draft - which I will email copying in Martijn, CEO and send recorded/signed for. Making a note of the postage costs.

 

 

EVRi Parcelnet Limited t/a Evri 

Capitol House, 1 Capitol Close Morley,
Leeds
West Yorkshire, 

LS27 0WH 

Parcel reference - xxxxxxxx 

 

Dear Sa'diyah,

 

 

Letter of claim – reference number XXX

Thanks your message.

I know that you have third-party responsibilities under the Contracts (Rights of Third Parties) Act. You know it as well and I know you know it.

If I don't get reimbursement in full within 14 days then I will start a County Court action against you and without any further notice.

Believe me.

 

Kind Regards,

 

XXXX  XXXX

[BankFodder]

Letter of claim is fine although a bit less kindness I would have thought

[Santorini]

I was hoping that the "kind regards" would come across as sarcastic. But I'll leave it out.

 

One more question at this stage.

 

I am trying to work out when to send the LoC and when day 15 is.

 

The postal strikes (9th, 11th, 14th and 15th) make it difficult - even for next day recorded/signed for and I don't want day 15 to fall on the Christmas days.

 

But then I don't want to leave it too long.

Which date is taken by the courts - email sent, postal date sent or date LoC received? 

[BankFodder]

Good question – and I don't know.

If I were you I would send it tomorrow and then issue the claim on the 22nd or 23rd – is that 15 days?

[Santorini]

Problem is, if I send tomorrow, 8th, the strike is the 9th so it would not be delivered on the 9th. Even it was received on the 10th (offices shut as it a Saturday?) day 15 from delivery would be 24th or 25th (do the days start the day after receipt?). I was trying to work out a date that meant day 15 is 27th onwards but the strikes make that difficult.

[BankFodder]

I would just send it be damned.

They don't care anyway. Issue the claim about 26. It's all online so you can do any time. They can always raise the issue when they acknowledge

Send it by email as well and refer to the letter and tell them that you are sending them the email version for the avoidance of doubt

[Santorini]

Well 27th would be the earliest as I can't do anything on the 26th. 
Evri won't care - but would the Court if I don't give 14 days postal notice? I have to follow procedure.
 

[BankFodder]

No it's fine. Send it tomorrow and then issue on the 27th.

[Santorini]

I emailed and posted (special delivery) the Letter of Claim. Now looking at the Small Claims Procedure.

 

• I do this through MoneyClaim Online.
• I can claim interest (8%) - but not sure as to what the start date would be. On the amount of the phone from when I dropped it off at the Evri shop (15th Nov) or when it should have been delivered (17th Nov) or when they said it was lost (28th Nov)? Then do I also claim on the court fee of £50 from when it is paid?
• I can't put the interest in the total claimed as I don't know when reimbursement will be made.