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

[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

[BankFodder]

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

[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.

[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

 

[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