eBay / Evri / PackLink package damaged beyond repair. eBay have charged me £888. Packlink goodwill offer of £450.

[Tarantino642]

I sold an item on eBay (S23 Ultra mobile phone).

I elected to use Evri as my courier.

The seller had paid just over £900 for the item.

After eBay deductions, circa £888 was deposited into my account.

The item was dispatched using recorded delivery with an estimated delivery timescale of 2 days.

 

Around 5 days later, the buyer is informed via eBay tracking that the item has been damaged in transit.

The ETA is now under review.

 

A couple more days go by and the tracking information now states that the item has been damaged beyond repair and the item cannot be delivered.

 

I never took out any optional cover when posting the item. The standard cover affords the sender £25 compensation for their item, according to Evri.

 

I have requested Evri / Packlink return the "damaged" item to me. They have ignored this request. I have also asserted that I want a full refund of £888 and that this "enhanced insurance" point is moot.

 

I've looked through some similar cases on this forum and it appears that this "enhanced insurance" they offer is irrelevant (even a scam) as it doesn't suddenly limit their liability per the consumer acts rights.

 

They have since responded with the below email:

 
S (Packlink eBay) 
Mar 14, 2023, 08:50 GMT+1 
Dear Customer,
 
We hope you are well.
 
First of all, let me take the opportunity to apologize for the inconvenience suffered due to this claim.
 
Unfortunately, no enhanced insurance was purchased so you would only be liable for standard compensation.
 
This is clearly stated in our eBay Delivery Powered by Packlink Terms and Conditions

Clause 14a Packlink’s liability

(whether in contract, tort, negligence, or otherwise and howsoever arising) for the loss, theft, or damage to any Goods and/or any other matter under or in connection with these Conditions

 

shall unless the User has chosen enhanced compensation cover as set out in Section 15 (b) be limited to £25.00 for all EVRi, Yodel, and InPost delivery services (twenty-five GBP), and to £60.00 for UPS, DPD, and DHL delivery services (sixty GBP), whereas EVRi Postable service does not include standard compensation.

 

Packlink shall under no circumstances be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss.
 
The main objective of the Customer Service team is to solve the problems encountered by the user during the transport process, from our experience, we know that not all users spend the necessary time to read the conditions, and for that reason we will defend your case by arguing ignorance on your part.
 
Please confirm that you have read the information we have previously sent you and that you understand it, once you confirm that you have no doubts about these conditions, we will proceed to issue a payment for a partial refund of the value of the item (450.00 GBP) as a gesture of goodwill.
 
Please note that should you make any further claims against Packlink, we will only be able to meet those claims within the limits detailed in the terms of service, which you confirm that you have read and understood.
 
For future reference, make sure to purchase enhanced compensation if the content value is above the standard compensation of the carrier you chose, as if you submit another claim without this insurance you will only be liable for standard compensation according to the carrier you chose to carry on the service.
 
Please confirm if you are willing to accept this goodwill gesture and the instructions above are understood as this goodwill gesture will only take place this one time.

 

Kind regards,
S
CS - Team Leader
eBay Delivery powered by Packlink

 

My questions:

• Am I best taking this to the small claims court and attempting to get the full amount back?
• If I lose, how much am I likely to incur in terms of legal expenses?
• Typically, how long do these cases take to be resolved? 
• What documentation do I need?
• In this situation, what would you advise are the next steps that I should take? Should I respond to the email and let them know I'm taking it to the small claims court?

 

Thank you.

[honeybee13]

Hello, welcome to CAG.

 

I expect people will be along to advise you a bit later.

 

In the meantime, you can start answering some of your own questions by reading other threads in this forum by people who've had similar problems. Where they've been successful in claiming, that shows in the thread title.

 

Best, HB

 

[BankFodder]

As advised by my site team colleague, start doing the reading. You need to read lots of the stories on the sub- forum in order to understand the principles.

Don't worry about Packlink. Your claim will be against EVRi and and you will rely on the Contracts (Rights of Third Parties) Act. When you have done your reading you will understand what this is all about.

Write to them again formally and require that the damaged item is sent to you or alternatively that they send you evidence of the damage. It's very clear in my mind that the telephone has been stolen and this is quite normal that laptops and mobile phones in particular either go missing or our claim to have been damaged and therefore can't be returned to you.

Post a draft of the letter that you're going to send here today. As soon as we have checked it, send it immediately. Don't give deadlines but in about seven days you will send your letter of claim and begin the court process.

Post a draft of your letter of claim here so we can check it.

You won't lose this case but as you ask, if you did lose the case then your losses would be restricted to the amount that you had paid for the court claim which may be about £200 or so.

Make sure you keep the written evidence that it has been damaged and cannot be delivered. Maybe you could post that here please so that we can see it.

Because they aren't delivering it and they apparently refusing to deliver it we will also add a claim for conversion. I suggest that we will add £150.

Get started. Don't hang around

[Tarantino642]

Hi BankFodder,

 

Thanks for the really helpful, and encouraging response.

 

Below is the draft email I intend to send today. Let me know your thoughts:

 

Dear Evri / Packlink,

 

I am writing to demand the return of an item that you claim is "damaged beyond repair." The item in question is [insert item details].

 

I demand that you either provide photographic evidence that clearly shows the damage the item has sustained and return the item to me immediately.

 

I expect your full cooperation in this matter, and I will not accept any further delay or evasion.

 

Please let me know what steps need to be taken to facilitate the return of the item or provide me with photographic evidence of the damage.

 

Thank you for your attention to this matter, and I look forward to receiving a prompt response from you.

 

Sincerely,

[Your Name]

Edited March 14, 2023 by BankFodder
Edits in red

[BankFodder]

You haven't shown us the message we asked for informing you that the item has been damaged.

[Tarantino642]

I've uploaded the screenshots. One is from my eBay tracking & the other is an email from Evri.

 

I also have a chat export from Packlink in which the advisor states the issue arising from damage.

 

Packlink has since referred to the item as lost in subsequent correspondence.

 

timeline.pdf

[BankFodder]

Please carry on doing the reading and monitor this thread for a reply later on .

 

Lots of reading please

 

[BankFodder]

Have you now sent the letter which you proposed above them which I have edited for you?

Prepare your letter of claim and post the draft here.

Register with the MoneyClaim website and be prepared to start getting your claim ready once you have sent off your letter of claim.

[Tarantino642]

Yes, I have sent the email you edited. Thanks. Below is a copy of the draft letter I intend to send. Is it okay to send this via email, or is it best to send via post?

 

Dear xxxx

 

Reference: Item damaged beyond repair – GBXXXXXXXXXXX

 

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

 

On 1/3/23 I posted an item, sold via eBay, using the courier service Evri.

 

On 3/3/23 I was informed that the item had been “held due to damage”.

 

On 4/3/23, an “enquiry was raised”.

 

On 8/3/23 the following update was shared via eBay: “Following a full investigation at our Crewe site, I am sorry to inform you that your parcel from Packlink Shipping S.L. with Tracking ID xxxxxx has been damaged beyond repair in transit and can’t be delivered.”

 

From you, I am claiming compensation in the amount of £1,100.

 

I have calculated this sum based on the amount of the damaged and unreturned item and courier costs.

 

Listed below are the documents on which I intend to rely in my claim against you:

·         Tracking information that details and corroborates my account of what has happened.

·         Invoice that confirms the cost incurred by me as a result of your negligence.

·         Correspondence from Evri / Packlink that further substantiates my account and confirms your negligence.

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

 

I would invite you to put forward any proposals in this regard.

 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before the claim.

 

I look forward to hearing from you within 14 days.

 

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

 

Yours faithfully,

[BankFodder]

Quote

Dear XXX

Letter of claim – reference number XXX

 

 

On XXX date I used your service to send a mobile phone value £XX to a UK address.


You have informed me that the mobile phone has been damaged while in your care and is apparently undeliverable. I have asked you for evidence of the damage and you have failed to respond. I have asked you to return the mobile phone to me and you have failed to respond.

It is clear that not only have you breached the contract of carriage but also you are now for whatever reason withholding my own property from me.

I require that you reimburse me £XXX being the declared value of the mobile phone plus £XX – the cost of carriage. Furthermore, as you have decided to withhold my property from me, I require that you pay me £200 damages for the Conversion.

If you do not reimburse me the above sums within 14 days of this letter then I shall see you in the County Court for the full sum plus interest plus costs plus the damages for the Conversion and without any further notice to you.

Yours sincerely

 

[stu007]

Hi

 

Something else you need to take into account as well as that mobile phone contains DATA so the Courier irrespective that they say the item has been damaged and can't be delivered if they have destroyed that item then it must be destroyed in compliance with DPA/GDPR and you should insist that if it has been destroyed by them that you require a certificate of destruction that complies with DPA/GDPR.

 

Too many Couriers use the excuses you have been given but how do you know it is damaged or destroyed without them providing physical evidence i.e. photographic evidence or a destruction certificate that it has been destroyed in compliance with DPA/GDPR if it is an item in your case a Mobile Phone that therefore contains DATA.

[Tarantino642]

Thank you for all the help I've received via this site.

 

Today I received the below response to my letter of claim...

 

Happy to discuss further potential avenues I can go down.

 

~Packlink eBay)
Mar 17,2023, 14:24GMT+1
Dear _ ,
Thank you for your reply.
First of all let me take the opportunity to apologize for the inconveniences suffered due to this case.

As you probably know, we at Packlink work as a third party between our customers and our carriers.

All losses and damages are always imputed to our carriers.

After reviewing your claim, I can see EVRi confirmed that the parcel was found empty within their depot and proceeded to dispose of the parcel, unfortunately, we cannot return the content as it was not located.

As a goodwill gesture, we will process your claim for the full content value of 900 GBP.

Please note that should you make any further claims against Packlink, we
will only be able to meet those claims within the limits detailed in the terms
of service, which you confirm that you have read and understood.
For future reference, make sure to purchase enhanced compensation if the
content value is above the standard compensation of the carrier you chose,
as if you submit another claim without this insurance you will only be liable
for standard compensation according to the carrier you chose to carry on the
service.
Please confirm if you are willing to accept this goodwill gesture and the
instructions above are understood as this goodwill gesture will only take
place this one time.
Kind regards,
..

 

[BankFodder]

Congratulations to you but very disappointing to us!

Well done.

 

Does this mean that all of your losses have been addressed? Including the cost of carriage?

 

 

 

[BankFodder]

Quote

Thank you for your letter of XXX date.

I am prepared to accept your offer of #xxx in settlement of my claim on the following understanding .

Your payment is not a good will gesture. It is a matter of contractual duty .

The initial report relating to the disappearance of my telephone informed me that it had been damaged .

Clearly, this was a lie which was originally intended to protect you in some way from the legal obligation to reimburse me.

It is encouraging that now it has been acknowledged that my mobile telephone has been stolen .

However, it seems that you still hold on to the principle that if your customer does not purchase insurance, then even if the item is stolen by one of your members of staff, you are not prepared to reimburse. 

You should understand that I do not accept this and I never will.

Please make your offered payment to me before the end of the expiry of the 14 days contained in my original letter of claim dated XXX or else you can be certain that I shall be issuing proceedings against Evri for reimbursement, plus courier fees, plus interest plus a figure for the trespass to my property.

Finally, you should understand that if this matter leads to a court action, that I will refuse to go to mediation and that I shall insist on the matter being a heard by a judge in court given the particular circumstances of this case.

Yours faithfully

 

[stu007]

Hi

 

Also further to what @BankFodder has mentioned in post#14 it does not stop you making a Formal Complaint to the Information Commissioners Office (ICO) as they lost your item that contained DATA while in their possession and have so far taken NO steps to even investigate this matter nor reported it being stolen to the Police therefore also a Data Breach due to them losing it.

 

Make sure you have a copy of that response from post#12 to forward to the ICO

 

Make a complaint

ICO.ORG.UK

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