Evri/Packlink Parcel non delivery, PAPLOC now Evri Court Claim issued.

[DeeRainbow]

Hi all,

I ordered something worth £30 on ebay and was sent a message saying it had been delivered. But it hadn't been.

 

I looked on Evri's website using tracking number and clicked on "view proof of delivery", I can see a photo of a stranger accepting a parcel at an unknown address".

 

Looking at their "verified GPS location" information and clicking on where they say they have delivered it gives a different address to mine. 

 

I have actually gone to this address as I was able to work out where it is, I have spoken to the resident and seen what I believe is the package shown in the photo...its addressed to his wife. 

 

So, I have some level of proof that it was not sent to me. 

 

However...the seller is saying its out of her hands as as far as she is concerned its...been delivered.. and I am finding it difficult to access the usual routes to report a missing item, ask ebay to step in etc as it is showing as...delivered.

 

I have contacted Evri, who did say that they are looking into it and who have actually called me, only to say that the courier is packlink and the seller should contact them to chase my package...but she seems not to care and I cannot look up my package on Packlink as I would need information only the seller would have. 

 

I am needless to say really annoyed. Its not the money..its knowing that they are probably doing this sort of thing every second to hundreds of people in the UK. How can I try to get my money back. Thanks

[BankFodder]

Read lots of the EVRi stories on this forum and then check back tomorrow.

 

Have you raised a dispute with eBay?

[DeeRainbow]

Thank you will read those.

 

I have contacted the seller and she was not helpful, stating nothing she can do.

 

When I try to click on "my parcel is missing".  A message comes up to say "it can still arrive as delivery due date is until 22/12/22, this is preventing me from going further".

 

I will try again today.

 

What I wanted to do is get ebay to take over my issue but as on paper it doesnt look like I have a problem it has been difficult. 

Thanks

[BankFodder]

Yes, you will have to wait until the eBay time allows you to make the dispute .

 that is probably the first place to start .

If you make it clear that you haven't received the parcel and you provide the evidence, then they will probably reimburse you .

 

You can then advise the seller to come here and we will help them make the claim if they want.

 

 

Keep us updated but do the reading just in case

 

 

 

[Ethel Street]

The seller is responsible for getting the package actually delivered to you. The seller is not able to avoid that responsibility just because Evri say it is delivered if in fact it has not been delivered.

 

Fortunately you have evidence that the delivery they say they made is not your address. So send seller/eBay a picture of your front door and your GPS location with a download copy of what Evri say is the front door/GPS they delivered so that it is obvious Evri did not deliver it to you. 

 

Don't complicate it by saying you identified the address Evri show and have been round there. That's irrelevant to your claim against seller.

 

 

 

[just_jue]

If the seller purchased the postage through eBay they will have a record of the delivery address, if this is different to yours then the seller has to sort this out, problem with eBay is they see the item has been delivered and close any case for non delivery.

I would ask the seller for proof of the shipping label to see why it was delivered to another address first.

[Homer67]

How did you pay? Credit/Debit card?

[DeeRainbow]

 

Thank you, my three days from when I raised the issue with the seller ends tomorrow so I will ask Ebay to step in then (appreciating it is Christmas eve). I will also try to download the relevant photos relating to Evri's proof of delivery and send it to the seller in the meantime so I have done everything I can to provide information on this issue, I will also send the seller a photo of my front door.

 

I havent heard back from Evri, so could also try to call them to see if they are doing anything else to resolve this issue, bearing in mind they tell me its PackLink shipping that is at fault here.

 

I used a debit card to make the purchase. 

 

Thank you

[BankFodder]

You can also go to your bank and try to make a chargeback.

Ignore anything that EVRi tells you. All they are trying to do is to deflect their own liability.

Yes, open the dispute with eBay

[DeeRainbow]

Hi, Sorry, I know its Christmas eve but just wanted to feel better by posting.

I realised I hadn't actually opened up a case with the seller today, I had just been in contact with her about the issue. So opened a refund case and she immediately asked Ebay to step in and make a final decision. Which was:

 

Based on your communications with the seller, we see that you received the item.

After reviewing all the details of this case, we've determined that you won't receive a refund.

 

So I challenged the decision and got them to phone me and look up on Evri the delivery using my tracking number. He tried to say that it shows that it had gone to the right address. I asked him to look on proof of delivery and look up GPS tracking and he can finally see it was not delivered to my address. I have also told him photo is not me. So they have reopened the case.

 

I am really annoyed that they can just close a case down, without looking at all the info I provided to seller. I hope now it will be resolved and apparently they will now go to the courier to see what happened (what I feel the seller should have done).

Have a nice Christmas if you celebrate.

 

[BankFodder]

Well done on being persistent. I'm afraid that's always what you have to be with these people. Read our customer services guide

[DeeRainbow]

Thank you, I am always polite but sadly didnt record the conversation. I will wait a certain length of time then chase if I have not heard back. 

[DeeRainbow]

Hi All, hope Christmas was good if you celebrate.

I hope you can further help.

 

Ebay have rejected my appeal saying I would need proof from Evri that my package was not delivered. 

They will not do this of course. 

 

I have asked Ebay to look at the proof of delivery and they say that the GPS tracking is not always accurate (you may remember when I clicked on the icon it is giving a different address). I have told them that the photo is not me and, due to my detective work, I actually know what address it is. They again say that they cannot help. 

 

I am really disappointed but want to take this further however, due to their lack of acknowledging that I have evidence to show I have not received item I am concerned I would not have a case in court or with contacting my bank for a chargeback. 

 

In your opinion do I have a case?

 

PS when browsing Ebay's community member to member support I have seen in the last 1-2 months seven other incidences of Evri tracking showing as delivered but people not getting their purchases and proof of delivery showing another address, I now believe this is a scam. 

Many thanks

[BankFodder]

Yes, you have an excellent case with pretty well 100% chance of success .

 

Draft a letter of claim and post it up here and we will have a look. Then you can click it off .

 

Read up on the steps involved taking a small claim in the county court.

 

Also make sure that you're reading of the EVRi cases on the subform have been thorough so that you understand everything

 

 

 

 

And by the way, I think that if you had already completed the reading which was suggested, then you wouldn't be so uncomfortable about your chances of success

[DeeRainbow]

Thank you that is really helpful. 

My concerns stem from my experience of Ebay who are not the cause of Evri's behaviour but appear happy to enable it.  This experience has made me feel insecure about my rights as I am sure you can understand.

 

I will get on with that.

Thank you, 

[BankFodder]

Do the reading and you will develop the confidence to continue .

 

Once again, your success chances are pretty well 100%. 

 

Well do the reading and you will understand that

 

 

 

 

[DeeRainbow]

Thank you.

I have attached a "redacted" draft of my letter before action. 

Many thanks for viewing this. 

 

 

Ebay

Hotham House,

1 Heron Square,

Richmond Upon Thames,

United Kingdom,

Surrey,

TW9 1EJ

 

30 December 2022

 

Letter before court claim

 

Dear Ebay,

 

Re: XXXXXXX

 

On the 17/12/22 I purchased through Ebay a product to the value of £31.99, order number 12-09481-35963 as shown above. Payment was successfully completed and the correct address, my home address was provided.

 

The item was dispatched on the 18/12/22 and I was notified by Ebay that it had been delivered on the 20/12/22.

 

I had not received the item and so following this notification of successful delivery I searched the area outside of my front door, my block and the area outside of my property for my package, no package for me was found. I then contacted the seller directly on the 20/12/22 to advise her that although a notification had reached me about a delivery to my home address, no package had arrived.

 

On the 21/12/22 I entered my tracking number for order 12-09481-35963 on Evri website and found that it states that delivery was successful to my address. However, looking further at their proof of delivery the GPS tracking shows a different address pinpointed for delivery and the photo showing a package handed to a recipient was not of me.

 

Under the Consumer Rights Act 2015, you’re responsible for making sure my order is delivered to me at the delivery address I provided to you. I did not agree to my order being left in an alternative place and I have not received it. Therefore, I am once again requesting a full refund of the purchase price of £31.99 on the grounds that the goods were not delivered to me.

 

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

 

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

 

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

 

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

 

I look forward to your acknowledgement.

 

Yours sincerely

 

 

XXXX

 

 

 

[BankFodder]

I don't know if I have missed something here but I have no idea why you are sending a letter of claim to eBay .

 

I also have no idea why you are explaining to eBay that they are responsible for the delivery under the consumer rights act .

This is absolutely not the case. 

 

 

Your issue here is either with the seller or with EVRi and frankly you should be targeting EVRi.

 

Back to the drawing board time again I'm afraid

 

 

 

 

 

 

[DeeRainbow]

Oh dear, from my reading I believed that I should take my case up with Ebay as the seller is legally responsible in ensuring goods get to the person who sent them.

I will now prepare a new letter to Evri. 

Many thanks

[BankFodder]

But eBay is not the seller of the item are they?

[DeeRainbow]

Ok. So.

Everything I read suggests that my contract is with the seller and they hold ultimate responsibility for my missing parcel.

 

I get that Ebay isnt strictly the seller, the young lady who advertised goods and sold them to me is. 

 

As I am the buyer, and not the seller, would it not be difficult for me to make a claim with Evri, as they would need information that only the seller would have and I have not procured their service?

 

Apologies. Long day.

Here is my letter of claim for Evri.

Many thanks,

 

 

Evri                                                                                        

Capitol House                                                                                  

1 Capitol Close                                                                                

Morley

LEEDS

LS27 OWH

 

 

Letter of Claim for missing item xxx

 

On the 17/12/22 I purchased through Ebay the product above with order number 12-09481-35963. Payment was successfully completed and the correct address, my home address, was provided.

 

The item was dispatched on the 18/12/22 and I was notified by Ebay that it had been delivered on the 20/12/22 by Evri.

 

I had not received the item and so following this notification of successful delivery I searched the area outside of my front door, my block and the area outside of my property for my package. Following this I contacted the seller directly on the 20/12/22 to advise her that although a notification had reached me about a delivery to my home address, no package had arrived.

 

On the 21/12/22 I entered my tracking number for my order (H0067A0114431808) onto your tracking engine and looking further at your proof of delivery the GPS tracking shows a different address to mine pinpointed for delivery and the photo showing a package handed to a recipient was not of me nor was it taken at any door to my property.

 

I am requesting a full refund of the purchase price of £31.99 on the grounds that the item was not delivered to me.

 

I would like a reply as soon as possible so that I know you have received this letter.

 

If I do not receive a full refund from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

 

I look forward to your acknowledgement.

 

Yours sincerely,

 

 

 

 

 

[BankFodder]

It's clearly a bit of a struggle for you but that's not a problem. What it means is that although it needs more effort, by the time you have a clear view you will be thoroughly grounded and confident.
The best learning always happens from our mistakes.

So yes, you are right that the contract is with the seller. You are unable to sue the seller for whatever reason so instead you are going to sue the courier.
You don't have a contract with a courier so you have to apply some third party rights if they are available.

Have a search on this sub- forum for Contracts (Rights of Third Parties) Act. You will find that this is come up very often in relation to eBay and Packlink.

Your letter of claim is okay except that your deadline is ambiguous because you seem to have set to deadlines. One is the 14 day deadline for action – but you have separately said that you want to reply as soon as possible so that you know that they have received the letter.

Frankly, you don't care whether they give you a reply. You would have sent this letter by recorded delivery and that is more than adequate.

Also the 10 of the letter could be much more assertive – but at the end of the day I suppose it doesn't matter very much.

I hope you don't think that I'm being unhelpful. At the end of the day, the more that you do for yourself and the more you understand for yourself, the more empowered you will be.
This will allow you not only to sue EVRi, but also any other company which gets in your way in the future.

 

[DeeRainbow]

Hello thank you very much and no problem, this is a totally new field for me so I need to learn. I understand now, thank you. I will amend the letter and read a bit more. 

 

I have got some more proof of non delivery today, I visited again the person who appears in my "proof of delivery photo" and they have kindly provided me with their evri tracking number. As I thought, two different addresses, persons, deliveries....the same photo. 

Many thanks,

[DeeRainbow]

Hi, Happy New Year,

Here is my slightly amended letter before claim. I will be sending this by registered post this week. 

I am continuing with my reading.

 

Many thanks, 

 

 

 

Evri                                                                                        

Capitol House                                                                                

1 Capitol Close                                                                               

Morley

LEEDS

LS27 OWH

 

31/12/22

 

 

Letter of Claim for Non-Delivered item xxx

 

On the 17/12/22 I purchased through Ebay the product above with order number 12-09481-35963. Payment was completed and the correct address, my home address, was provided.

 

The item was dispatched on the 18/12/22 and I was notified by Ebay that it had been successfully delivered on the 20/12/22 by Evri.

 

I had not received the item and so following this notification I searched the area outside of my front door, my block and the area outside of my property for my package. I did not find my purchase and so I contacted the seller directly on the 20/12/22 to advise her that although I had been advised of the product being delivered to my home address, no package had arrived.

 

On the 21/12/22 I entered my tracking number for my order (H0067A0114431808) onto Evri’s website and examining the proof of delivery page I can see that the Verified GPS location shows a different address to mine pinpointed for delivery and the photo showing a package handed to a recipient was not of me nor was it taken at any door to my property. As of today, I have still not been provided with my purchased item and I am angry and disappointed in the poor service provided to me by Evri.

 

I request a full refund of the purchase price of £31.99 on the grounds that the item was not delivered to me.

 

If I do not receive a full refund from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

 

 

Regards,

 

 

 

[BankFodder]

Ok. Looks fine .

You don't need registered or special delivery .

First class recorded signed for is fine

 

 

Send a copy also by email but make sure that it refers to the paper version with the same date