Evri- £400 item missing - Court Claim Issued-**Settled at mediation. Confidentiality agreement signed**

[Natsirt]

I'll be interested to see what happens with this. 

Imminent County Court claim against Evri £600 lost parcel - Page 2 - Postal and Delivery Services - Consumer Action Group

 

I'm at the start of a potentially similar journey. 

Posted something worth £400 10 days ago and it's still showing as not picked up from the drop-off shop yet. 

The shop claim it's been picked up though.

It's just not showing as such on the website. 

 

I didn't pay for extra insurance, though don't remember being offered it. 

if lost the compensation is only £25. 

However, if my legal rights trump that I'd be interested in making a claim! 

[BankFodder]

34 minutes ago, Natsirt said:

I'll be interested to see what happens with this.  I'm at the start of a potentially similar journey.  Posted something worth £400 10 days ago and it's still showing as not picked up from the drop-off shop yet.  The shop claim it's been picked up though. It's just not showing as such on the website. 

 

I didn't pay for extra insurance, though don't remember being offered it.  Anyway, if lost the compensation is only £25.  However, if my legal rights trump that I'd be interested in making a claim! 

Please will you post your story on a new thread.

 

The more stories we have, the better it is. Also, we will be able to help you and guide you through the process. 

[Natsirt]

 
Will do. Still early days as they’ve not said it’s lost yet. Who knows, it might still turn up. Just anticipating what to do if it doesn’t. Will start a thread when/if it gets to that stage. 

Edited March 22, 2023 by dx100uk
unnecessary previous post removed.

[dx100uk]

own thread created for you

rather than hi-jacking someone elses.

 

dx

 

[Natsirt]

Ok, so no news from Evri.  However Packlink's customer support emailed to say I need to raise a lost claim.  I'm on the form and it asks for shipment reference, value of the goods, proof of value (eg, ebay invoice), description, and bank account details (presumably to auto pay the claim). 

 

The form also pre-populates the cover amount (£25).  I'm concerned that by submitting the claim they'll pay the £25 as if I've waived my rights to full (£400) compensation. 

 

I plan to email customer support back to say that I'll submit a claim, but that I won't accept anything below the full value of the goods and that by submitting the form I am not agreeing to the £25 limit. I don't think that this is at "letter before action" stage yet because they haven't refused the full claim yet. Should I be ok to email Customer Support back with the following, and then immediately submit the Lost claim form? 

 

"Dear Packlink, 

 

Thank you for your suggestion to raise a Lost ticket on your system.  I note that the form states a compensation limit of £25, however under the Consumer Rights Act 2015 I am entitled to full compensation without the need to purchase additional insurance to provide this.  I will therefore not accept anything less that £400 compensation for this loss. By submitting the form I do not agree to a lower level of compensation.  If you automatically pay me £25 in compensation I will expect the remaining £375 to be also paid and will be prepared to take legal action to enforce this.

 

Yours sincerely, 

 

(My full name)" 

 

 I would also include the following in the item description box on the form (the only place to add text): "As per my email of (date) to Packlink Customer Support I expect full compensation for this item and will not accept a lower amount" 

I have 2 questions: 

 

1) Is the email above appropriate?

2) Should I wait for a response to that email before submitting the form?

[dx100uk]

thats their default, but cant harm your claim going forward.

 

you need to get reading up as this q has been asked numerous times here.

 

dx

 

[Natsirt]

Ok, I've read through the pinned posts in the "Postal and Delivery Services" forum.  Here's the latest on my situation. 

 

1) I emailed Packlink last week with the email I drafted above.  I had no reply by Monday. 

2) I submitted a "Lost" ticket on the Packlink site on Monday given lack of reply to the above.  This was my only option as the Evri one kept referring me back to Packlink.  On the ticket in the description box I added a note referring to the email and stating I wouldn't accept anything other than full value. 

 

3) I got a standard response from Packlink to the Lost ticket, saying they're investigating with Evri which might take 7-14 days.  No reference to my point about compensation, but that's as expected for an automated response. 

 

4) I got a reply to my email from Packlink (see text below). Effectively saying "no insurance = only £25 comp"

The email from Packlink doesn't refer to the Lost ticket I raised, so I think I should just sit tight for the next 7-14 days whilst they investigate with Evri. Once it's confirmed as lost I can pick up again either with Packlink or more likely with Evri based on the 3rd Party Contract thing. 

 

Is that the right approach, or should I be doing something else at this stage? 

Here is the email I got back from Packlink: 

"Dear XXXXX,
 
From our records your shipment is only covered by Standard Compensation. Unfortunately, we cannot process your claim for the full content value as you did not purchase enhanced compensation.
 
We remind you that every shipment purchased on eBay Delivery is protected against damage and loss.
 
There are two types of compensation: standard and enhanced.
 
Standard Compensation
Every shipment done with eBay Delivery includes a standard compensation that protects your item against damage or loss. The amount of the standard compensation depends on the type of service you have purchased. In fact you can make a claim:
 

• Of up to £25 for all EVRi, Inpost and Yodel delivery services.
• Of up to £60 for UPS, DPD and DHL delivery services.
• The EVRi Postable service does not include standard compensation therefore to protect your parcel enhanced compensation must be purchased with the postage label.

 
Please remember that packaging or any other extra cost the buyer might have paid is excluded from the compensation.
 
Enhanced Compensation
If the value of your sold item is higher, you can purchase enhanced compensation with your label, which will protect your item up to a maximum of £5.000. The cost of enhanced compensation is 3% + VAT of the value of the goods you are insuring.
 
Remember that you will have to always present the purchase invoice/receipt of your goods and the date of the invoice needs to be less than 60 days old. If you don't have the purchase invoice, then you need to present a self-declaration of value accompanied by a proof of value (the ebay listing or the purchase receipt of your buyer).
 
As stated in our eBay Delivery Powered by Packlink Terms and Conditions Clause 14(a) 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.
 
 For future orders, if your parcel's content is valued above the standard compensation make sure to purchase enhanced compensation to secure the full value of your goods.
 
We apologise for the inconveniences.
 
Kind regards,

Marcela
Customer Service Advisor
eBay Delivery powered by Packlink"

 

 

 

And now I've had confirmation that the package is lost.  Packlink have issued me a refund of £25 plus the delivery cost. 

 

I've read the pinned posts and understand the claim will ultimately be with Evri, however my communication so far, and the initial refund, was only with Packlink. 

 

As I understand it I need to send a Letter of Claim as part of the pre-action protocol. 

 

What I'm unsure of is whether this needs to be with Packlink or Evri at this stage. 

 

 Could I get some guidance from @dx100uk or @BankFodder on next steps please? 

 

Is that correct step and who should it be sent to at this point? 

 

Your help is very much appreciated! 

[BankFodder]

Send your letter of claim to EVRi. All correspondence now goes to EVRi. Make it clear that eventually you will be suing EVRi and you will be asserting your rights as an entitled third-party under the Contracts (Rights of Third Parties) Act.

 

[Natsirt]

Ok, here's what I've drafted to send to Evri.  I plan to address it to their CEO (Martijn de Lange) and send special delivery.  Any suggestions before I do so? 

 

Dear Martijn and Evri team,

 

Reference: Claim for full compensation for lost item under Consumer Rights Act 2015

 

I am writing with a formal letter of claims regarding a parcel lost in your network.  The parcel contained musical equipment that I had sold on eBay for £400.  The Evri barcode number was: XXXXXXXX

 

The parcel was posted via Evri, arranged with the eBay Packlink service on March 13^th 2023.  It was confirmed lost on March 30^th following an investigation by Packlink and Evri.  Whilst arranged through Packlink I am claiming full compensation directly from Evri under the Contracts (Right of Third Parties) Act 1999 and Consumers Rights Act 2015.

 

I did not take our additional insurance on the item as my rights under the Consumer Rights Act 2015 mean that Evri should cover the full cost without an additional insurance cost.  Evri cannot contract itself out of or expect customers to pay an additional charge for its legal obligations to consumers.

 

I was automatically refunded £25 and the original postage cost after submitting a Lost ticket, however I had made it clear through email to Packlink prior to submitting the ticket that I would not settle for this amount given my legal rights.  I am therefore claiming the remaining £375 directly from Evri.

 

If my claim is not approved within 30 days of receipt of this letter I will issue proceedings against you in the County Court.

 

I look forward to your response and hope to settle this issue amicably with you.

 

Yours sincerely,

[Natsirt]

@BankFodder - do you have any suggestions before I send this?

[BankFodder]

Why are you giving them 30 days. You only have to give them 14 days.

[Natsirt]

Oh, for some reason I thought it was 30. I’ll update that. Otherwise ok? 
 

Thanks 

[BankFodder]

Yes it is fine but if you are thinking that it is 30 days for some reason or other then I think that you need to go back and do some more reading before sending it

[Natsirt]

I sent the letter and received the following response by email today, which doesn't directly refer to my letter but instead mentions

 

"You recently raised a query through our support pages". 

 

Whilst I'm 99% certain this IS in response to the letter I sent I've emailed Stephen back asking him to confirm this is the case before I respond fully just so the chain of events it perfectly clear. 

I'll do some more reading on the rights of 3rd parties element as that's their main objection below. 
 

Reference: XXXXXXXXXXX

You recently raised a query through our online support pages. Below is a summary of your request and our response.

Please be assured that we are still investigating this for you and will update you when we know more. Thank you for your patience, it is much appreciated.

 

If you have an account, you can log in and track your incident by clicking here

 

Response By E-mail (Stephen) (XX/04/2023 XX.XX PM)

Dear XXXXXXX

 

In reference to parcel XXXXXXXXX

 

My name is Stephen and I am contacting you from the Evri executive office on behalf of Martijn De Lange, who has requested that I investigate this matter further.

 

I am truly sorry to see that your parcel has not reached it's destination and that you are having such difficulty with your claim. I'm afraid that we are only able to process any claim for compensation when the original delivery order is placed directly with ourselves.

 

As the original order was placed via Packlink, all claims can only be processed by their team.

 

Please accept my sincere apologies for the inconvenience this may cause and don't hesitate to contact me if you would like to discuss this further.

 

Yours Sincerely

 

Steve

 

Stephen Ryan

Evri Executive Office

[BankFodder]

Can you remind us, was two your letter to them A letter of claim?

[Natsirt]

It was the pre-legal one. The “sort this in 14 days or ill sue” letter. The one I posted a draft of above. 

[BankFodder]

OK. That was the letter of claim.

 

When is day 15?

[dx100uk]

and what date did you send it by email? only was it?

 

you ideally should never just be using email for a letter of claim.

 you should also back it up with a royal mail letter by 1st class  and get free proof of posting too at any po counter

[Natsirt]

I sent signed for and see they received and signed for it on the 19th. So 4th May will be day 15. 
 

That’s why I messaged them back asking to confirm their email to me was in direct response to the letter. 
 

This is what I sent:

 

“Dear Stephen, 

 

Thank you for your email. Before I respond in full could you please confirm that your email is in response to the letter dated 15th April that I sent by recorded delivery to Evri c/o Martijn De Lange?  I ask because the email you sent today refers to a query raised through your support pages online. Whilst I did initially raise queries through the support pages I also wrote a formal letter dated 15th April.  I want to be entirely clear that your email is in response to that letter before proceeding any further as I requested a response and full settlement of my claim within 14 days of receipt of that letter.  Failure to satisfactorily settle that claim within those 14 days will result in me issuing proceedings against Evri in the County Court. 

Yours sincerely,”

[BankFodder]

You send a letter of claim and set a deadline.

You also set a condition for not proceeding with your threat to begin a legal action.

 

It doesn't need any more responses from you and if any responses they send you don't exactly  meet your conditions then you should simply ignore them and proceed with your threat on day 15 .

 

This most recent letter which apparently you have sent is frankly confusing and almost risks being interpreted as something which is extending the letter of claim.

 

Have confidence in what you are doing. You should understand that they won't give you your reimbursement and that you will definitely have to start the claim.

 

Have you registered with the county court website MoneyClaim?

 

Have you started preparing your claim? If not then why not?

 

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

 

 

[Natsirt]

I've registered on the MoneyClaim site - that took be right back to the 1990s! 

 

I'll draft the particulars of claim over the next few days and share them here.  

[Natsirt]

Here are the particulars of claim.  Is there anything else you'd add?  Does the fact that Packlink rather than Evri refunded the initial £25 complicate things?  Getting the item confirmed as lost had to go through Packlink, hence them doing the refund. 

 

"On 13th March 2023 the claimant contracted the defendants via Packlink to deliver a parcel to an address within the UK.  Item Value: £400,  Delivery fee:  £5.86. Tracking number H0067A0143893128

By 30th March the defendant had failed to deliver the parcel and on that day the defendant confirmed the parcel was lost. On 22nd April the defendant refused to deal with a loss complaint stating the claimant purchased the delivery service via a third party.  On 6^th April, following an investigation with Evri, Packlink reimbursed the defendant in part to the value of £25 unilaterally. The claimant is seeking full reimbursement by exercising their rights under the Contracts (Rights of Third Parties) Act 1999.

The Claimant Claims:

The balance of the full value of the item: £375

The delivery fee of £5.86

Court Claim Fee £50

The total sum being £430.86"

[BankFodder]

It is rather wordy. Does it fit into the word limit on the MoneyClaim website ?

It doesn't make any difference that 25 pounds was refunded from packlink.

Check the word limit but I think we can clean it up a bit.

 

[Natsirt]

Yep, it does fit.  Character limit is 1080 and this is 846 with spaces.  What do you think could be removed?

[BankFodder]

Please check back later