Which amount are Evri liable to pay back for lost parcel

[Shezza999]

Just a quick one,

 

I'm about to submit a claim for the full amount of my items value.

 

My dilemma is that for some reason(probably fat finger syndrome) I only stated the item was worth £100 when in fact it was worth £180. It was sold on ebay so I have proof of the items real value.

 

my question is

do I have grounds to pursue the real value or have to settle with the incorrect value I stated when filling out the postage details?

[Ethel Street]

@Shezza999Please give us the full story about this so that people here can give best advice.

 

I've edited your thread title and changed "stolen" to "lost". If you have actual evidence that it has been stolen I can change it back, otherwise best not to accuse Evri of theft (a deliberate criminal offence) when it's just been lost.

[dx100uk]

hit evri and get reading up.

 

your 1st task is a letter of claim after tell us the full story with dates and times upon each stage.

 

dx

 

[Shezza999]

Thank for you quick responses.

These are the version of events and where I'm at now

 

20th November, sold ps4 and games on ebay for £180

 

21st November, took said item to my parcel shop. Paid for next day delivery and as already stated mistakenly valued the item at £100.

 

22nd November, went back to the parcel shop because the item was not showing the parcel had been collected from said parcel shop. Manager assured me that everything had been collected and had left the shop. Even advised me to get the police involved to come and look at their CCTV.

 

Since then there has been no updates on the tracking. Tracking still showing to this day that the parcel is still at the shop waiting to be collected. This is why I suspect the parcel has been stolen as there is no evidence that the parcel reached the depot.

 

In the mean time I was able to send a message via their Web chat explaining the situation. I received a reply from them stating that they had done an extensive search but could track down the item so classed it as lost and sent me a claim form.

 

This is where I'm at now.

 

I haven't filled in the claim for yet because I'm unsure of the value to claim for. Is it the value I put in when completing the postage details or do I pursue that actual value I received through the sale on ebay. 

 

Unfortunately I only paid the basic insurance for value up to £20 but i know from reading up on posts on this website that it means nothing and they are legally obliged to pay full refunds in cases like mine.

 

I am sorry to have used the word stolen but as the package has not scanned in anywhere then that would lead me to suggest that that is sufficient enough evidence to claim that it has been stolen, and hope that the fact that there is no evidence of the parcel reaching the depot will provide a swift conclusion to the matter and a full refund will be issued without taking the matter any further.

 

I apologise for my grammar and lack of punctuation but I'd be the first to admit I'm not the sharpest tool in the box.

 

So in conclusion,

all I really need to ask is what amount I should pursue.

 

I have spent many hours reading similar situations on this site so I should be OK if further action needs to be taken. I plan on using other members L.o.c's etc as templates and just changing the parts I need to.

 

I hope this has made some kind of sense and look forward to your advice.

[BankFodder]

I'm afraid that you are probably going to have to settle for the declared value.

If you have done the reading on this sub- forum then you will see that this question has come up several times and I've answered it on the basis that when you contract with somebody you create an expectation. You created expectations with EVRi that they would be responsible for a parcel worth £100 and I doubt whether a court would uphold a greater value.

You can certainly try for the entire sum and see how it goes. I'm not sure what the claim fees are that it may well be that they are the same whether your claim of £100 or £180, in which case there really is nothing to lose.

Then if it goes to mediation as it probably will, EVRi can raise the issue of the value and you can then settle back for £100 and at least EVRi will think that they have gained something and saved some Face.

I suggest that you send an initial complaint to them and explained that they have had your parcel worth £180 and they have lost it and you want reimbursement.

See what they say – but don't give them too long. Maximum 10 days, I would say although don't put any deadlines in this letter.

Of course they will knock you back but it will be interesting to see if they raise the issue of the valuation. After that send a letter of claim.

Post a draft of the letter of claim here before you send it.

None of this is a bluff. You will have to issue a claim so don't start any of the process unless you fully intend to go ahead on the very day that your letter of claim deadline expires – day 15

[Shezza999]

Quote

Thanks for your reply Bankfodder.I have indeed read the posts where you have addressed the subject of which value to pursue but none have the same circumstances as my case.All the posts I've read the members items have been lost in the 'network'.Theirs had actually been scanned at some point so Evri had proof that their parcel was indeed lost through the process of delivery.I see mine as a completely different situation.Due to there being absolutely no evidence that my item ever reached the depot would heavily support that the item was stolen.Most likely by the collections person who collected it from the parcel shop.Because of these facts it got me thinking I might have a case to pursue the correct value of the item.That said,I thank you for your advice and will follow it.

 

Thanks for your reply Bankfodder.

 

I have indeed read the posts where you have addressed the subject of which value to pursue but none have the same circumstances as my case

All the posts I've read the members items have been lost in the 'network'.

 

Theirs had actually been scanned at some point so Evri had proof that their parcel was indeed lost through the process of delivery.

 

I see mine as a completely different situation.

 

Due to there being absolutely no evidence that my item ever reached the depot would heavily support that the item was stolen.

 

Most likely by the collections person who collected it from the parcel shop.

 

Because of these facts it got me thinking I might have a case to pursue the correct value of the item.

 

That said,I thank you for your advice and will follow it.

Edited December 6, 2022 by BankFodder
Restructured post to make it readable

[BankFodder]

You don't seem to have noticed that my site team colleagues – who are volunteers (we all are) – have been taking the time to edit your posts in order to introduce spacing to make them more readable especially on small screen such as telephones.

[BankFodder]

There is no practical difference between your case and those to which you refer

[Shezza999]

No,I didn't realise my comments had been edited to make them more readable.

I did comment that I apologise for my lack of grammar and punctuation.My gratitude goes to whoever took the time to correct it.

I will keep you posted on how things progress.

 

Once again,many thanks for your advice.

Edited December 6, 2022 by BankFodder
Restructured post to make it readable

[BankFodder]

Grammar is not a problem. Don't worry about it.

Spacing is pretty important

[Shezza999]

Hi all,was going to start the claim with Evri but they told me to send all the details to them and they will fill it in on my behalf..Is this a wise thing to do being as a plan to take them to court if the don't cough up full amount?

Here is the part of the email telling me they will fill it in.

 

If you could please provide us with the following details, we’ll fill in the form on your behalf:

 

Parcel contents

Packaging details

Delivery address

Delivery postcode

Selling price/value

Postage cost

eBay item number (if applicable)

So that we can assess your claim, please attach a proof of value for the contents of your parcel, such as a PayPal invoice, scanned receipts, screenshot or a document that shows the payment transaction details.

 

[BankFodder]

Which form is it that they are proposing to fill in for you?

[Shezza999]

Hello again Bankfodder,it's the claim form when they have 'lost' you parcel.

[BankFodder]

I suggest that you do a letter

 

Quote

Dear XXX

Formal complaint tracking reference number XXX

this is to confirm that you have lost a parcel which was put in your care on XXX date. The parcel contained XXX. The parcel was properly packaged in a box and properly secured.

The delivery address was XXX and the delivery postcode was XXX.

The selling price/value of the contents were XXX and the delivery cost was XXX.

The item was as a result of an eBay sale reference number XXX

I'm setting this out in a letter of complaint apart from anything else because you have the tracking reference number and all of these details were entered when I booked the delivery. It's clear that you are simply trying to waste time and eventually make some token reimbursement of £20.

I'm giving you seven days to respond with full reimbursement otherwise I'm moving to a letter of claim.

I don't intend to be mucked around.

Yours sincerely

 

[Shezza999]

Many thanks for that Bankfodder 

they have given me 14 days to make a claim of which 11 remain as I received the email a few days ago.

 

I'm concerned those 14 days will have elapsed by the time they receive and read the letter and result in me not being able to pursue the full refund.

 

Any thoughts on this please?

[BankFodder]

Are you telling me that you are going along with timescales that they are setting and that you are deferring to them on how this matter should be conducted?

Shameful

You had better have a serious change in your mindset if you are going to deal with this.

[Shezza999]

Haha,

I take it their timescales mean nothing then.

Thanks for that,

 

I suppose it wouldn't hurt to provide them with the information they have asked for and also send them the formal complaint.

 

Will keep you posted.

[dx100uk]

just the same as any debt collection agency, their timescales are not under any law and they like a DCA have ZERO legal powers to dictate ANY timescales.