Another Evri delivery problem - court claim issued

[Judocol123]

Sld an electrical tester on Ebay for £120.00.

 

Ebay suggested Evri and i printed off and paid for the Evri delivery service.

 

i packed my item but just to make sure, i packed inside a hard shell case as protection.  took it to a Evri drop off point.

 

I didn't think about it again until I received a message from the buyer informing me he had looked on tracking and apparently the package had been damaged. this was on Feb 6th 2023.

 

Eventually I was able to contact some kind of help bot, that was not helpful at all and escalated the problem. I also used an online website called resolver to contact Evri.

 

The next day I received a message denying damage to my parcel and I uploaded a picture from Ebay tracking, showing the item was damaged.

 

Only then would they accept it was. They said an investigation would take place,

 

I received a message, they had found the parcel, they would check the damage, if it was not too bad they would wrap it and deliver it. Please allow 72 hours.

 

It also stated that if the parcel was damaged too much they may return it.

 

I wrote back saying they must return the package, not may return it. I stated that under no circumstances must they destroy my parcel, I do not give permission and it must be returned to me.

 

I was then sent a claim form. I tried filling this in to no avail, because in order to send it, it asked that you upload photos of the damage.

 

My next message from them stated I must now wait 28 days while they investigate.

 

I have had to refund the Ebay buyer,

I cannot get my parcel back.

 

My intention now is to write to their Head office in Leeds informing them of 7 days notice, I will be issuing court proceedings against them for the cost of what i sold the item for and also trespass of my goods by not returning them.

 

Its not a threat because i do intend to carry it out, companies like this should not be allowed to exist.

 

I would appreciate any guidance offered from this forum, so I follow the correct procedure.

[BankFodder]

Do some thorough reading of the cases on the subforum and monitor this thread for a fuller reply later on today.

[BankFodder]

We have had several instances of this kind of thing – of items being damaged are apparently being damaged and then eventually apparently destroyed.

As far as I can gather from your description, they haven't actually told you that they have destroyed the item.

First of all please make sure that you have read very thoroughly on this sub- forum. For instance, you say that you are going to send them seven notice that you are bringing court proceedings. I'm afraid that the rule is that you must give them 14 days.

We are quite certain whether or not it has been destroyed or with the item is.
Although it might mean a certain delay, I suggest that you begin by sending them an SAR immediately and if they failed to respond then this will add it to your available causes of action. Do it straight away.

Then I suggest that you send them a separate letter – straightaway making a complaint and pointing out that as they have told you that the item is damaged and they have not returned to you, they are now withholding it and this amounts to a conversion under the Torts (Interference with Goods) Act 1977.

Don't give any deadlines but after about seven days, come back here and tell us if there has been any response. Send the above letter by email as well as in writing.

I don't expect you hear anything or else you will receive some kind of fob off. Then you should probably send a letter of claim giving them 14 days.

By the time it comes to send that letter you will have read around thoroughly and you will understand everything that needs to be done but of course we will assist you all the way.

If we can establish the likelihood of the tort of conversion then I suggest that not only do you claim for the return of the tester and your expenses but also add about an extra £75 for the tort of conversion.

Let's see how it goes

[Judocol123]

Thank You for the advice. I will submit a Sar and research through this forum and keep you posted

[Judocol123]

Just a quick update on this. I have escalated this with Evri, but all they do is keep saying they are looking into it. They admit damaging the package, but will not say how or how badly. I have asked for pictures, I ask they return the damaged package. Nothing progresses. I have already written a letter of complaint, telling if the item is not delivered or returned I will be submitting a letter of claim and giving them 14 days before I start court proceedings.

Would you like me to post a PDF of my letter of claim before I send it.

 

[BankFodder]

Yes, please .

Also, can you please post the message you received from them agreeing that they have damaged the parcel .

 

I can't remember if I suggested that you send them an SAR

 

 

In fact, I see that I did suggest that .

 

Have you sent them the SAR?

 

[Judocol123]

Hi Colin,
 
Thank you for getting in touch with your enquiry regarding parcel H0067A01283#### and advising us that your recipient has not yet received it.
 
I have looked into this for you and I can confirm that this parcel has sustained some form of damage on its journey.
 
When this situation occurs, our depot team will assess the extent of the damage to confirm whether we can still safely deliver the parcel. If the packaging is superficially damaged, we will re-package your parcel using our own materials before sending it out for delivery. If we are unable to deliver the parcel in the condition we received it, we may return the parcel to you.
 
This process can take up to 72 hours, however, our tracking system will be updated once your parcel has been assessed. If you do not receive any further tracking information after this time, please get back in touch by replying to this email and we will endeavour to provide further information or guide you through any next steps.
 
As always, you can track your parcel and select your delivery preferences using our website, the EVRi app or by clicking here .
 
I sincerely apologise for any inconvenience caused by this, I can appreciate this will undoubtedly be a disappointing outcome. Each parcel goes through several handling and transportation processes and on rare occasions, this may happen.
 
If you need anything in the meantime, please contact your Evri Customer Service Team and we'll be happy to help.
 
Kind regards,
Anna
 
Evri Customer Services

 

I haven't sent the sar yet, can I send it and also send a letter of claim, or do I need to wait until the sar comes back. Also do i need to find out who is their data controller before sending.

[BankFodder]

There is a 30-day deadline for responding to an SAR .

 

We suggested last Friday that you sent an SAR and maybe I'm being silly but I had expected that you would have sent it off immediately .

 

It is now Wednesday, so 5 days down the line and it still hasn't gone off .

 

 

 

 

 

[Judocol123]

It might seem a strange question, but what is the purpose of the sar. they have admitted its been damaged on the 6th February 2023. There is no sign of the package being delivered, or returned. I have tracking info also from Ebay. I have read hundreds of posts on this forum and not come across issuing a Sar, before a notice of claim.

 

I do thank you for your advice on this matter

[BankFodder]

It's a good question, but the only reason that it is strange is that you didn't ask it earlier when you said that you were going to send the SAR .

 

The SAR is completely free and should simply elicit more details about the alleged damage to your item .

 

It will put additional pressure on the courier company and also if they fail to comply it gives you an extra cause of action which will be helpful as well .

 

You are right that it hasn't been particularly suggested before. However, it is something that we are going to start doing because we think it is a good idea .

 

It would be helpful if when we make suggestions if you decide not to take up the suggestion that you let us know .

 

Please remember that we are working for you completely free of charge and so it's difficult for us to give advice and then for you to make your own decisions not to take the advice but not let us know .

 

Are you intended to send the SAR ?

If you are intending to send it then are you intending to send it today?

 

If you send the SAR then you will have to accompany it with some evidence of identity, for instance, a utility bill in your name and that address together with the tracking number details that you are seeking information about .

 

You can certainly send the letter of claim straight away and you probably should do .

You are already setting yourself back by not having sent the SAR 5 days ago.

 

 

 

 

 

 

 

 

 

 

[Judocol123]

Data Controller

1 Capitol Close

Morley

Leeds LS27 0WH

22^nd February 2023

 

 Dear Sir/Madam

GENERAL DATA PROTECTION REGULATIONS - SUBJECT ACCESS REQUEST

Parcel Tracking Number H0067A0128xxxxxxx

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you. Between the dates of February 6^th 2023 and February 22^nd 2023.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

There is no applicable fee for this data disclosure – unless you feel that my request is manifestly unfounded, excessive or repetitive – in which case you have a duty to let me know without any delay.

Under the new GDPR regime, you must satisfy this data disclosure request as soon as possible and in any event within one month.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return however, you are not entitled to impose any formality upon me or to require that I complete any particular form or template before you comply with your statutory duty.

I also require you to confirm to me that you are processing my personal data, how you acquired it, for what purpose you are processing it and also to identify all the parties with whom you have shared it. You are required to provide this information regardless of whether you believe that the substantive disclosure satisfies the conditions which permit you to impose a charge.

I also required to know whether my data has been subject to any automatic processing which has resulted in decisions or suggested decisions being made in respect of me. Also, has my personal data been used in any way to categorise me or to place me on any lists. If so please explain.

Finally, I should remind you that you have a duty to make clear the meaning of any codes or shorthand which you use in relation to my personal data.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the one month timescale has started.

If you fail to comply with all of your obligations, I will make an immediate complaint to the Information Commissioner about your statutory breach – and without any further notice to you.

This may also lead to legal action in the County Court and a judgement will then be forwarded to the FCA.

Yours faithfully,

Mr Colin Smith

 

This is my sar request. If you think it is correct I will send it today by email and also recorded delivery with utility bill

[BankFodder]

Ok, looks fine. Make sure that you include some utility bill or something and refer to that in your letter

 

If you'd like to prepare your letter of claim and post that here as well, then we can get going .

 

 

 

 

 

[Judocol123]

Hi, the SAR has now been sent with utility bill. I have now prepared my letter of claim.

Quote

 

Evri

Capitol House                                                                               

1 Capitol Close                                                                              

Morley

LEEDS

LS27 0WH

 

23^rd February 2023

 

Letter Of Claim for Damaged/ Lost/ Non delivered Item H0067A01283xxxxx

 

Tracking on the Evri Website

Jan 31^st 2023, 14:32pm We’ve received your parcel at parcel shop and will be collecting it shortly.

Feb 1^st  2023, 13:34pm, We’ve collected your parcel

Feb 1^st 2023, 20:58pm, Your parcel is being sorted at the senders local depot..

Feb 6^th 2023, 18:15pm, We’re sorry your parcel has been delayed, we’ll update your tracking when it’s on its way the next working day.

 

End of tracking on Evri website.

 

Tracking on Ebay

2^nd Feb 2023, 8:02am, Held due to damage.

6^th Feb 2023, 1:57pm, Held due to damage.

6^th Feb 2023, 6:15pm Delay please allow 24 hours.

8^th, 9^th, 10^th, 11^th, 13^th, 14^th, 15^th, 16^th, 17^th, 18^th,20^th, 21^st, 22^nd Feb 2023 enquiries raised.

 

All enquiries raised were regarding the location of my package, the damage sustained and the return of the damaged item. All yielding no results.

 

Support Incident Update

 

Response By E-mail (Anna) (09/02/2023 02.13 PM)

Hi Colin,

 

Thank you for getting in touch with your enquiry regarding parcel H0067A0128xxxxx and advising us that your recipient has not yet received it.

 

I have looked into this for you and I can confirm that this parcel has sustained some form of damage on its journey.

I request a full refund of the purchase price of £130.00 plus my postage costs, on the grounds that the item was not delivered , or returned to me as requested on several occasions.

 

 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 will also be pursuing interest on the £130.00 and making a claim under the Torts (Interference with Goods) Act 1977.

 

I urge also that I do not receive your standard reply that my claim is with Packlink and not Evri.

 

Regards,

 

 Colin [removed for anonymity - HB]

 

 

[BankFodder]

If you see the edits I have made above, I have suggested that you remove the transaction history and simply concentrate on the letter of claim.

The part that is left is more than adequate to do the job.

If you feel that you need to add something else then please let us know here

[Judocol123]

16 hours ago, BankFodder said:

If you see the edits I have made above, I have suggested that you remove the transaction history and simply concentrate on the letter of claim.

The part that is left is more than adequate to do the job.

If you feel that you need to add something else then please let us know here

Thankyou for the edits, the letter will go today, I will keep you informed as things progress

[BankFodder]

Thank you. I suggest that you register with the MoneyClaim website and start preparing your claim .

 

Post a draft of your particulars of claim here so we can have a look before you click it off

[Judocol123]

Response By E-mail (Gabby) (24/02/2023 10.26 AM)

Good morning Colin,

Thanks for getting in touch with us about parcel number H0067A0128335xxxx

In reference to your parcel: H0067A012833xxxx

I am very sorry that your parcel was not delivered, I can understand how frustrating this situation may be for you.

I have looked into this for you and I can confirm that we have been unable to deliver this parcel as it has sustained some form of damage whilst on its journey to you.

 

When this situation occurs, our depot team will assess the extent of the damage to confirm if we can still safely deliver the parcel. On this occasion, I’m afraid we had to dispose of the parcel.

 

I sincerely apologise for any inconvenience caused by this, I can appreciate this will undoubtedly be a disappointing outcome for you. Each parcel goes through several handling and transportation processes and on rare occasions, this may happen.

 
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

If you need anything in the future, please contact your Evri Customer Service Team and we’ll be happy to help.

Kind Regards,
Gabriela

Evri Executive Office
 Capital House | 1 Capital Boulevard | Morley | Leeds | LS27 0WH

 

I take it this is a standard reply. Do I need to go down this route, or just continue against Evri, under the third parties agreement rule.

 

[BankFodder]

Quote

Dear Gabriela

 

reference number XXX

thank you for this message.

Just to confirm that I will be suing you and I will not be claiming against packlink.

Furthermore, I can tell you now that you have disposed of my property without any kind of authority for me and so I shall be including in my claim against you an additional claim of £75 for Conversion under the Torts (Interference with Goods) Act 1977.

The deadline which I gave you in my letter of claim still stands.

You had better let somebody know – meanwhile, time is running

Don't bother to respond unless you reimburse me in full plus £75 for the Conversion

Tick tock tick tock…

Signed

 

[Judocol123]

Hi, I have received this back with regard to my SAR

Hello

 

Thank you for submitting your Data Subject Access Request. 

 

We are processing your request and will provide an update when complete. We will aim to respond within one calendar month. However due to the complexity of locating and compiling your data, we will provide you with a response within three calendar months in accordance with ICO guidelines. 

 

 

[BankFodder]

Not surprising. They are exploiting and frankly abusing the ICO guidelines. There is so little data that they are holding on you that there should be really no difficulty in satisfying the deadline of 30 days.
Still there is very little we can do about it. Keep a note in your diary in terms of the three months deadline.

[Judocol123]

All letters have been sent, thankyou for the tick tock letter regarding Packlink. I am putting together my court documentation now to initiate the proceedings after the 14 day period.

[BankFodder]

Well done. Please make sure that we see the particulars of claim before you click it off

[Judocol123]

Its getting close to the 14 days before I start court action. Is it 14 days from posting? Or 14 days from them signing for my letter? I will post the particulars of the claim when I have put them together.

 

many Thanks

[BankFodder]

Ideally it is 14 days after the day that you send the letter off .

This assumes that it has been delivered the next day .

If you give it 16 days then everything is comfortable

 

 

[Judocol123]

Hi, here is a draft of my particulars of claim

 

1. on the 31st January 2023, the claimant contracted the defendants via Ebay to deliver a parcel to an address within the UK.
2. The value of the item in total £130.00,  Delivery fee:  £4.48. Tracking number :H0067A012833xxxx
3.  The defendant even by the date of this letter 9th March 2023 has failed to deliver the parcel,
4. on the 6th February 2023 , the defendant confirmed the parcel was held due to damage.
5. on the 24th February 2023. The defendant refused to deal with a loss complaint stating the claimant purchased the delivery service via a third party.
6. The claimant is seeking reimbursement by exercising their rights under the Contracts (Rights of Third Parties) Act 1999.
7.and The Claimant Claims:
a) the full value of the item £130.00
b) the delivery fee of £4.48
c) £75 for Conversion under the Torts (Interference with Goods) Act 1977.
d) Court Claim fee
e) the total sum being £xxx
f) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of loss to the date of issue, namely £xxx, incrementing £xxx per day till settlement.