Another Evri failure. £500 iPhone sold on eBay

[Hermesisajoke]

Firstly

 

 I'd like to say what a massive help this website has been for my confidence in thinking I have a worthy claim against eVri.

 

After reading the countless success stories stemming from the advice given on this page, I have decided to take action against eVri for their recent failure in delivering a parcel I sent via their service.

 

To summarise my experience:

 

1st of March, I sold an iPhone via ebay (£579) and immediately sent the item via an in-shop eVri portal system which printed the label for me (I did not purchaee insurance).

 

I didn't do it through packlink or another third party so the contract is between myself and eVri.

 

Fastforward a few days and the tracking had reach the point where it stated they were "processing the parcel at our hub".

 

It's fair to say I immediately knew what was about to come to fruition. I got in touch through their online chat and received a response a few days later telling me they would investigate.

 

Once this investigation happened, I received another email telling me that "unfortunately, due to the size of our hub we can not do a physical search for the item" and that I should put a claim in on 13th March.

 

I'm not able to do this as their chat and phoneline say that there is an open dispute with this parcel and that someone will be in touch.

 

At this point, the buyer has been refunded and I am out of pocket £579. Unfortunately for me, I can only claim £500 because that's what I declared when sending.

 

I know that no one is going to get in touch with me so I'm starting the process of legal action.

 

I have drafted a letter before claim and ask that you please look over it and confirm it is ready to send.

 

Apologies for the essay but thought it best that you understand all aspects of the situation.

 

Letter before claim.pdf

[BankFodder]

Your letter of claim is rather too long, quite frankly .

Have a thorough read of the stories on the sub forum and come back with a letter which is probably not more than a dozen lines long.

Also, you have omitted to put in the tracking reference number so they really won't know what you are talking about.

 

Did you purchase their so called insurance?

 

 

 

[Hermesisajoke]

Apologies @BankFodder. I do tend to ramble on these things. I didn't purchase their "insurance" as outlined in my post. I have tweaked my letter before claim and attached it. Hopefully this one is a bit more brief and to the point. I just want them to know I'm not messing around.

Letter before claim re-tweak.pdf

[Hermesisajoke]

So it's approaching the end of the 14 day period I gave eVri to resolve the issue, but surprise, surprise, they haven't acknowledged me at all. Just posting this to check that my POC are up to standard. Two quick drafts of the reason I believe I'm owed the money and the timeline of events are as follows:

 

Quote

I sent an eBay parcel which sold for £579 via the defendant's services using one of their in-shop portals. I sent via next day delivery and subsequently the defendant has deemed the parcel to be lost. 

 

The defendant has flat out declined to look for it, deeming their depot as being "too large for a physical search". I have not been able to settle this dispute with them as they are not responding to me. I am unable to submit a claim via their website as I continuously receive a message telling me there is an open dispute.

 

Looking through their terms and conditions, their level of compensation to me would be £20 plus the cost of their services totalling £24.39 as I didn't purchase their additional insurance.

 

This is an unacceptable amount of compensation given the fact that the parcel has been lost due to their negligence. They are unwilling to search for my parcel and by failing to use proper care and skill to assure my parcel is sent from A to B, they are in breach of their contract to me.

 

Their requirement that a customer should pay extra to ensure performance of the contract

or to protect oneself against negligence or criminality of their employees is unfair within the

meaning of the Consumer Rights Act 2015 and therefore unenforceable.

 

Evri has failed to respond to any of the emails I have sent them. I have issued a letter before claim asking for full reimbursement which they have subsequently ignored.

 

Quote

28/02/2023 - I sold the iPhone referenced in the claim via ebay (ref: XXXXXXXXX) for £579.95 

 

01/03/2023 - I dropped the item off to a parcel drop off point using the defendant's service and sent the item via next day delivery. (Ref: XXXXXXXXXXX) I declared the item's value as £500 using the touchscreen portal.

 

03/03/2023 - After regularly checking the online tracking via the defendant's website, I of course noticed that the parcel had not been delivered when it should have. It had reached one of the defendant's hubs on 02/02/2023 and the location has not updated since. I opened an enquiry using the chatbot on the defendant's website and was told someone would get back to me.

 

04/03/2023 - I received an email in response to my enquiry raised, apologising for the delay and assuring me that the defendant's employees were working hard to get the parcel on the move.

 

06/03/2023 - After waiting another 48 hours, I again got in touch using the chatbot and received an automated response from one of the defendant's employees (Hasan) which stated that they worked in the local depot and were looking into my enquiry. About 10 minutes after receiving the automated response, I received an actual response from the employee referenced above, telling me that they have "raised an investigation with the relevant team", again apologising and asking me to wait 48 hours for a response.

 

09/03/2023 - I receive a phone call response from another of the defendant's employees (Jessica) who states that due to the size of the location where the item was last scanned, they are unable to initiate a search for my missing parcel. They also sent me an email response which states the same. Alongside this, they mention that they cannot consider this parcel as "lost" until 10 days have passed without a scan. Once the allotted time had passed (ending 13/03/2023), I was eligible to submit a "lost claim form".

 

13/03/2023 - After waiting the allotted time, I decided to put a claim in. I attempted to do this via their chatbot but each time I tried, I received an automated response telling me there is already an existing enquiry regarding the parcel, that they were experiencing a high volume of contact and that they will be in touch with an update as soon as they can. As of today, they have still not responded to me.

 

17/03/2023 - I sent a "letter before claim" using recorded delivery via royal mail (ref: XXXXXXXXXX) advising the defendant that I am seeking reimbursement of the total amount I declared as the items value plus the cost of their service: £504.39. I also mentioned if they fail to meet this request, that if any additional costs should be incurred (legal costs etc.), they will be added to the total outstanding. I gave them 14 days to answer and included an up to date email address for myself as well as a phone number. They have subsequently ignored this letter even though its proven to have been delivered on 20/03/2023.

 

17/03/2023 - After consistently updating the buyer of the item via ebays messaging service, they had launched a claim that they had not received the item. I subsequently refunded them, leaving me out of pocket £579.95.

 

I hope that most of what I have included there isn't just nonsense, but let me know if you think it needs dimming down a bit. Their time is up on Friday.

Edited March 29, 2023 by BankFodder

[BankFodder]

Check my edits

[Hermesisajoke]

@BankFodder You've crossed out the entirety of my timeline of events. Is it no good?

[BankFodder]

You can certainly put it in but frankly I don't think it's necessary.

On the first part, I crossed out the bit referring to the amount of compensation because effectively by your words, you are suggesting that you were validating their insurance requirement.

Later on of course you go on to say that is not acceptable and not enforceable – but that is all you need to say

[Hermesisajoke]

Understood. As for the timeline, I'm using the new Mcol system and it's a requirement to put a timeline of events. If you think it sounds okay then I'll add in what I've already put and amend the first part, thanks.

[BankFodder]

Yes, I have to say that I am not familiar with the new system. I suppose I ought to go and have a look and bring myself up to date

[Hermesisajoke]

Update for all who are interested:

I know it has been some time since my last update here, with the main reason being that I didn't want to feel like I was being nursed through this process.

I knew after reading a few of these stories, that enough information was at hand to be successful in my claim.

So, getting to the point,

I had received a request to go through mediation with Evri during the initial 28 day period. While I understand it doesn't help the majority by settling through mediation, I'm not in a position where I can casually wait 30 weeks for a court date and make myself available, so I accepted.

Mediation day comes and the mediator is very understanding and reassuring. He explains the process and asks if I'm willing to compromise, to which I stated that my compromise is that I won't be taking Evri to court, which I think was plain and clear.

He then goes to Evri and comes back with a pitiful offer of £250, which I promptly refused, fortifying my riposte with the information that @BankFodder has readily made available through this link:

 

 

Once I quoted this along with the fact that I have 2 judgements to draw upon in court if it goes that way, he decided he had heard enough and went back to evri with my final offer of £500.

Not more than a minute later he came back and informed me that they had accepted.

While he said there are no winners in a settlement, I certainly feel like I have won.

I truly couldn't have done it without this websites existence so I'll gladly be making a donation to the cause.

Many thanks again and to all those going through the process, I wish you the best of luck.

Stick it out and the feeling of vindication is sweet.

[BankFodder]

Thank you for this summary of your mediation experience.

Well done on having forced them to pay 500 pounds. But does this mean that you forfeited your court costs?