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    • I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • 100% sure I didn't receive it, that why my first post is with the £100 letter.
    • Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
    • use this your WS and inc this as an exhibit off to bed now 3 nights been up till 4am aurora watching wont be on too early as it's lambing season out herding with the dog. your WS main thrust is the debt would now be SB'd , the DN was filed xxxyrs+months after it should have been thus unlawfully extending  SB date to infinity. highlight their admittance regarding errors at that time period in your 'redetermination'  paragraph. agreements unreadable. would have already been written off due to SLC age write off criteria has they not issued the claim to stop the SB clock when they had no paperwork to prove their case in the 1st place. never earned over threshold. dx       Erudio - stopped sending email deferments won at FOS DRN-4141462.pdf
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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Evri “loses” c.£15k of goods


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Hello

 

First post here so please move this if needed.

 

Initially I want to understand if I have any chance of a successful claim.

 

I run an online store through Amazon using their Fulfilment by Amazon service. I use a third party warehouse who receive my goods and then prepare them for shipment to Amazon. Normal goods are shipped via UPS through their linked service but items classed as dangerous goods have to go with a difference service.

 

The majority of dangerous goods I ship are perfumes. The warehouse box all these items up and then arrange shipment to Amazon with Evri. They do not select to purchase the insurance.

 

In November/December 2022 there were about 9 shipments that never made it to Amazons warehouse. It’s too long ago for me now to be able to track them on the evri website. It says that they don’t recognise the tracking number. 

 

I haven’t totalled the losses in full but I estimate it’s got to be between £10k - £15k. As you can imagine, the boxes are fairly big so couldn’t have just been lost - someone’s enjoyed a free Christmas of some expensive perfume!

 

 just wanted to get something down to see if I have any chance?

 

What would be the first steps?

Would I be able to do it or would I need the warehouse that booked the shipments to do it? 

 

Thanks 

 

Big L

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Welcome to The forum and I expect that we can help you, but your story sounds a little complicated and different to what we normally get here.

 

The first thing to say though is that 15,000 takes you over the county court limit for small claims .

So you will need to break down the claims into amounts smaller than #10000 which should be fairly easy to do.

You say that are on nine consignments which have gone missing. You need to start producing a separate inventory for each one.

Please start off by preparing your inventories and also do a lot of reading on this sub forum so that you understand all the principles involved.

Stand by and monitor this thread for a further reply later on.

 

What is the name of the online warehouse? Have you thought about claiming against them ?

Happy entirely possible that the items may have gone missing at that point.

 

Also, is this apparently has happened in November of last year, I'm curious to know why you have left it all so long

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thanks you, will make a start on that. It will be pretty easy as it’s all recorded on what’s in each box. 
 

do you think each box needs to be it’s on claim? Or split them into November and December shipments to get it under £10k?

 

I’ve not considered claiming against the warehouse, they are closing down anyway so assume it would just go away when they do that?

 

Amazon have a 90 day period before a shipment gets closed.

 

I send a lot of shipments, filter by closed shipments, these have only just come onto my radar.

I banned the warehouse using evri from January so hopefully no more pop up.

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Give me some time to digest the situation and to understand exactly what has happened .

In the meantime, please do the reading and do whatever is necessary to break down the overall inventory into smaller discrete packets. Each one less than 10,000.

 

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Commercial director of what?

I don't afraid. I have no idea what is normal or not normal, but I can imagine that if somebody is complaining about the loss of 15,000 worth of goods that a commercial director would be concerned about it

 

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Also, I asked you why it had taken until now to begin the claim. You haven't addressed the question

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Mentioned above ^ 

 

Amazon have a 90 day timescale before shipments close and can be researched for missing items. They won’t do anything to do with the shipments until this has passed so I tend to just filter by “closed” and work on that list 

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Okay, I understand that you sent your goods – or at least you organised that goods were sent to a warehouse which then sent them on to Amazon.
The warehouse used EVRi.
The goods never arrived at the Amazon warehouse.

I understand that you wouldn't start to get worried about an item going missing until some 90 day window with Amazon has expired – by which time the EVRi window is also expired so it is too late to run any tracking.


As all of this correct?

 


What kind of relations do you have with the intermediate warehouse.

What is the name of this intermediate warehouse?

 

How can you be certain that the intermediate warehouse did actually send the items to Amazon?

What paperwork do you actually have?

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Yes that’s correct. 
 

I have a good relationship with the warehouse so I am 100% sure that they sent the items. 

The warehouse is Fastpack FBA.

 

I have invoices of all the goods, will be able to download the contents of each box with weights and dimensions of the box. I will also be able to get pictures of the box contents before they were sealed.

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Thank you.

Excellent that you have good relations with them. I suggest that making certain they understand that you are not in conflict with them, you obtain every scrap of information that they have in relation to the items.

Every memo, screenshot, – everything. You say that they will be closing down soon. Then that information will not be available.

Any contracts that they have with EVRi. Any contracts they have with Amazon. Get it all. You may need it. Even if it doesn't seem necessary, get it

I understand also that you are preparing your inventories of the various consignments.

When you're ready, please can you list out the value of the nine consignments. In tabulated form

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Update from the email to the director. He arranged for someone to call me today. She was from the Customer Services team and she said she was able to see from the tracking that most of the boxes never reached the courier to take them from the Evri depot to the amazon warehouse. So it was collected by Evri from Fastpacks warehouse, dropped and the Evri depot and never made it out. She said she would try to locate this but told me not to hold my breath. She said it was their busiest time of the year. She also said she spoke to a colleague who said that amazon dont always allow Evri into their warehouses to make deliveries so sometimes the parcels end up back at the warehouse where they build them up and deliver them all at once. She also said they try to return to sender sometimes but this hasnt been attempted with my parcels. She is calling back tomorrow with another update. 

 

Box values are below (found another one that has been lost so its 10). 

 

Box 1 - £1,089.11

Box 2 - £1,344.62

Box 3 - £1,116.80

Box 4 - £1,049.14

Box 5 - £495.60

Box 6 - £900.85

Box 7 - £3,000.63

Box 8 - £1,665.77

Box 9 - £1,271.47

Box 10 - £758.05

Box 11 - £1,685.05

 

Total: £14,368.09

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Please can you make copious and very detailed notes of this conversation which you have had .

I don't suppose that you record your calls, but you should do so. Please read our customer services guide .

That was a very useful telephone call and if you can have another conversation and try to get the same sorts of things said by them but this time recorded, it will be extremely helpful .

 

Please read our customer services guide carefully and take it very seriously

 

 

 

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Please could you give us a detailed inventory of the contents of box number 6 and box number 7 in a tabulated form

 

Also, were these 10 boxes sent as part of a single consignment or separately?

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Ok yep I have made notes on the call now and have read the customer services guide. 

 

Box 6 

 

Paco Rabanne 1 Million Gift Set for Men  2
Armani Code Woman Eau de Parfum - 30 ml  6
Emporio Armani Diamonds Eau de Parfum - 100ml  2
EMPORIO ARMANI Stronger With You Men Edt 30 ml  5
LancomeTeint Idole Ultra Wear 24H Wear & Comfort Foundation SPF 15 - # 04 Beige  2
Armani Emporio He Eau de Toilette Spray 100ml  5
Emporio Armani She Eau de Parfum Spray 100ml 1

Giorgio Armani Emporio Armani Diamonds Eau de Toilette for Women        5

 

 

Box 7 

O De Lancome by Lancome Eau De Toilette For Women, 125ml  5
Roger & Gallet Jean Marie Farina Eau De Cologne for Women, 100 ml  4
Dolce & Gabbana Light Blue Pour Homme Eau Intense Eau de Parfum 100ml  4
Lalique By Lalique 100 ml/3.3oz Eau De Parfum Spray Perfume Fragrance For Women  2
Perles De Lalique 100ml/3.3oz Eau De Parfum Spray EDP Perfume Fragrance for Her  2
Lalique - White Pour Homme Eau De Toilette Spray - 125ml/4.2oz  3
Parfums de Marly Delina, 75 ml  4
Paco Rabanne 1 Million Deodorant spray, for Men, 150ml 8
Lancome Poeme L'Eau de Parfum Spray For Her, 30 ml  6
DIOR Sauvage Eau de Toilette 60 ml Men's Fragrance  5
DIOR Sauvage After-shave lotion Bottle 100 ml  3
Christian Dior CD Sauvage Men EDP Perfume, 60 ml  5
Dior Sauvage Eau de Parfum for Men - 200 ml  5
Christian Dior Sauvage Elixir - 60 ml  3
Lalique L'Amour Eau de Parfum | 100ml  3
 

 

 

Box 11

 Paco Robanne Lade Million x 8 
Issey Miyake Pour Homme x 3

Maison Margiela Replica Lazy Sunday x 2

Marc Jacobs EDT x 10

Versace 200ml Spray x 8 

 

 

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And the contents of box number 5 please.

 

Please monitor this thread for a reply tomorrow

 

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Paco Rabanne 1 Million Gift Set V. for Men                                   8
Moschino Fresh Couture Pink Eau de Toilette 100ml Spray       1
EMPORIO ARMANI Stronger With You Men Edt 30 ml                 1
Calvin Klein Eau de Toilette Obsession Men                                  1
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The first thing to understand is that when you make a claim for any one of these consignments, EVRi will start to rely on the fact:

You did not have a contract with them – you went through a third party.
The parcels contain items which are on there no carry list.
The parcels were not insured.

None of these arguments should normally cause a problem and I hope that you have started doing a reading and you will have come across each of these issues and understood the principles involved and the responses that need to be given.

If there is any weakness in your position it could be as to whether the contents of the parcels were properly declared to EVRi before they agree to carry them.

Did you declare the contents of the parcels to your intermediary warehouse? Do you know if they properly declared the contents to EVRi?

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Also, can you get evidence from the intermediary that they did declare the contents correctly to EVRi.

Finally, were these parcels all sent against different tracking numbers?

If they weren't, then how many tracking numbers were used?

If two or three items were sent against a single tracking number then please could you list out which boxes were sent together. Don't bother to declare the tracking number here at the moment.

Also I see earlier on that you are referring to these parcels as containing "dangerous" goods. Please stop using this term here or anywhere else

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So some new updates today....

 

Spoke to the third party warehouse and they used a system to sendcloud to make the bookings with Evri. They have to upload values for each shipment and they broadly match mine listed above. There is usually insurance via send cloud but it has to be reported within 90 days - which as you know is the start date from when a shipment closes on amazon. I have asked the warehouse to confirm if they declare whats in the parcels so will update you but I am sure that they do. 

 

The parcels were all send under different tracking numbers. 

 

I didnt get a call back from the lady from Evri customer services who called me yesterday so I dont think she managed to finalise anything so will probably call tomorrow. 

 

I did get a call from the CEO complaints team, following an email I sent to the CEO. So I now have two different teams looking into the parcels. This guy also confirmed that the parcels never made it out of the Evri depot so the couriers havent stolen them. He did say that two of the parcels were with another party - I asked him what he meant by this and he said that they didnt have enough staff in that area so they essential outsource to someone else - he is calling them tomorrow and will update me in 72 hours. He also told me not to hold my breathe on anything be found and said no compensation would be issued as perfume is not on their approved list and is shipped at my own risk. 

 

Will update as soon as I have anything new

 

Thanks 

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Did you record the call?

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Also can you tell us how long you have been using this service ?

Have you been setting up perfumes and other items of similar character using EVRi for some time ?

Can you tell us how many years you have been doing this and also could you tell us how many consignments have gone out over those years

 

 

 

 

 

I think also we are getting to a point where we need to make a decision about making a claim .

 

I think the real issue is whether we make a claim for the box with the lowest or we go for the box with the highest value straight away

 

 

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Which service do you mean? send cloud?

 

Been doing perfumes etc for 2 years. Do you want an estimate of shipments or any exact figure? And is it shipments only with Evri?

 

Would we do separate claims for each box? 

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