Evri lost a parcel worth £100, sold thru eBay/packlink - Scotland small claims / simple procedure query

[egdellogc]

Hi there

 

I've read through the forum and I have what seems like the same issue as many of the other posters. I sold a watch on eBay for around £104.75, with delivery costing £3.93, sold by Packlink, due for delivery by Evri. No additional insurance was paid for. This was dropped off at an evri parcelshop on the 13th March, collected by evri from the parcelshop on the 13th March, but no updates have been provided since. The postage paid for was for 1 day and the recipient a UK address.

 

On the 20th, I got in touch with evri who have since conducted a search of their depot, to no avail. The evri rep has been careful to avoid saying that it has been lost, instead refering to it as "potentially lost in our network".

In any case, they suggested I seek the shipper regarding a replacement or refund. I'm aware that as packlink are based in Spain it would be more difficult to pursue them.

 

I have drafted a letter of claim and a particulars of claim based on those attached to a similar post: https://www.consumeractiongroup.co.uk/topic/455445-evri-lost-2-parcels-worth-approx-£300-and-£280-sold-through-ebaypacklink/

 

 

I do have a query regarding whether all of the above is moot, as I am based in Scotland and I'm aware that there is a separate small claims court in Scotland. Furthermore, since 2016, for claims of less than £5000, they should be directed to the simple procedure (https://www.scotcourts.gov.uk/taking-action/small-claims).

 

Pasting this here for my future reference:

Protocol seems to be:

Formal complaint

Evri will ignore or redirect to Packlink

I send a letter of claim giving 14 days

They ignore

MoneyClaim online

They acknowledge and file defense

Wait for DQ and agree to mediation

During mediation use Rights of Third Parties Act 1999 and do not settle for lowball offers

Things may drag out but they will settle before court

 

 

 

Edited March 29, 2023 by egdellogc
more relevance

[dx100uk]

have a look at the audioboxer thread currently running here

 

Taking City Sprint to court over lost parcel, Simple Claims Procedure (Scotland), response received, guidance please - Postal and Delivery Services - Consumer Action Group

 

 

[egdellogc]

Thanks for the tip, dx.

So in this case I suppose the order of process would be more like the below?

 

• Formal complaint
• Evri will ignore or redirect to Packlink
• I send a letter of claim giving 14 days
• They will likely ignore
• Raise a simple procedure claiming cost £104.75, delivery £3.93 and £19 simple procedure fee
• They acknowledge and file defense
• ???
• Refer to Contract (Third Party Rights) (Scotland) Act 2017
• Don't settle for lowball offers
• Things may drag out but they will settle before court

 

Evri have in the last few minutes updated me and deemed the parcel unaccounted for, with no indication that they will do anything more. So I suppose at this point I can consider it definitively lost and start proceedings.

 

I'm yet to contact Packlink at all, would you suggest doing so before raising the formal complaint?

 

Would appreciate any help you have based on your experience of Audioboxer's thread. I'm not too sure what occurs during the ??? step. Hopefully since its just Packlink and Evri it is a little less complex.

 

[egdellogc]

Hi again,

 

I see that the audioboxer thread has come to a close as Packlink have offered a 'goodwill' gesture. 

I am about to send the letter of claim to Evri and have attached it here. The highlighted part I am not sure of, as the insurance is offered by Packlink rather than Evri.

 

Any advice you can offer before sending this off would be appreciated.

Do you think that I should contact Packlink prior to sending this, as I have yet to do so?

Letter of Claim.docx

Edited April 6, 2023 by egdellogc

[dx100uk]

surely work a try rather than going through a court claim?

ps docx files have all your pers info in file info/properties

PDF next time only

 

dx

 

[egdellogc]

Packlink are unwilling to offer anything more than the standard £25. In that case I suppose I should send Evri the letter of claim. Would you suggest any amendments before I send it?

[dx100uk]

allow @BankFodder to advise please

[BankFodder]

Yes, you should send the letter of claim.

However, I noticed that first of all you don't include a reference number so they don't have any idea what you're talking about .

Secondly, you don't seem to have set Any deadline .

To be a valid letter of claim, you must give them at least 14 days.

We suggest that you simply give them the minimum 14 days or else you will start a legal action and without any for the notice.

 

Please post your corrected letter of claim here in PDF format so we can check it before it is sent

 

 

 

 

[egdellogc]

Thanks for the tip. I've attached the updated letter here. Should evidence be sent with the letter of claim or held onto for a later point?

Letter of Claim - redacted.pdf

[dx100uk]

no evidence

 

and you dont need

 

I have attached copies of all relevant documentation, including proof of purchase, shipping label, and tracking information.

 

try and make it a single page too. try and cut out the unnecessary waffle...no need to waffle. no explain the complete situation.

[egdellogc]

I've reworked it and sent it off without the evidence or reference to documentation. Will keep the thread updated.