Evri - Ebay Laptop became “separated from packaging” PAPLOC Issued - next? ***Settled at Mediation***

[amberastor]

 I wonder if anyone can help?

I’m so happy found this forum I’ve been reading and re-reading 2 weeks now.

I sold a laptop on EBay and sent to buyer next day delivery.

After a couple of days contacted Evri and they said it was “lost”, they opened an investigation and said they’ve searched the hub it’s lost.

Over a period of around 10 days I demanded an explanation as parcel was registered at hub and sorting centre “we have exhausted all our investigating's into locating your items but as they have become separated from the packaging we have not bee able to locate them and when the empty packaging arrives at the hub it was disposed of as this our procedure regarding empty packaging.” 

Evri threw away the packaging it took over 10 days to tell me this. I requested a photo and no luck.

So far I have 

Requested a SAR 30/6/23 - they responded today and are “processing my request”

sent a letter of claim via email and post 29/6/23 - haven’t heard anything back but I’m prepared to push the button and go to court.

ive also obtained cctv footage of me handling parcel which was wrapped securely and I also have cctv of the Evri driver picking parcel up. 

Evri have offered me £25 which I declined,

I’d very much like my money back in full.

I believe that the laptop was stolen as there is no way the laptop could “separate from the packaging” unless excessive force was used it was taped up all over.

I wonder if I should put a torts claim in?

I’m going to fill in the MoneyClaim form tomorrow.

Is there anything else I can do? 

Thanks in advance 

Amber

 

[dx100uk]

you cant file MCOL till day 14 unless you said otherwise on your letter of claim on the 29th?

post up your POC here 1st.

 

dx

 

[amberastor]

Hi thanks for getting back so quickly.

I havent filed Mcol yet but thought best to have filled out ready.

I haven’t sent a POC, however, I’ve sent many emails, many refusals of compensation (£25)

I sent letter of claim and requested a SAR.

Briefly, how do I set out a POC?

Will look again on threads too.

Have read a lot so surprised POC escaped me. 

Evri got back to me saying I didn’t take out compensation (as if they would ever compensate more than the £25) and that my laptop is on the prohibited items list as “the screen can get broken”.

They accept they had my laptop and it become lost/opened in their possession.

I’m at a loss what to do as the eBay have clawed the money from my account I’m not in a great financial position at the moment. 

I will post my letter Claim letter and SAR tomorrow morning as easier on laptop.

You want me to provide everything in PDF right?

thanks again, I really appreciate everything you do! 

[dx100uk]

you dont send your POC to evri , you do that via the MCOL court website.

so, to date you've NOT sent Evri a letter of claim? giving them 14 days before you start a court claim via mcol?

either i've misread you or you are using the wrong terms....>??

you'll see the process in nearly every evri court claim thread here.

 

 

[BankFodder]

6 hours ago, amberastor said:

 

Is there anything else I can do? 

 

Yes – the first thing you can do is Stop. You seem to be flailing around and if you have been reading stories on the sub- forum, you either haven't read enough or you really haven't paid close enough attention.

Please post up the letter of claim which you sent – in PDF format.
Post up your proposed particulars of claim – in PDF format
post up their message to you in which they apparently say that it is their procedure to throw away separated wrapping – in PDF format.

What did you intend to achieve by sending an SAR?

After you have given us sight of the documents above, go and start doing some thorough reading so that you really do understand the process and what the documents are that you are sending and why you're sending them.
Come back here – probably over the weekend and we can start helping you to go through the process properly so that you can get your money back

You will get your money back – but don't imagine is going to happen overnight. You are looking at six months to 9 months.

 

[amberastor]

Hi again, 

I apologise I haven't got back sooner. Ive been exceptionally busy with work and a 5 year old on his summer break. 

I've received a defence from Evri and they have declined to compensate me for my MacBook Air that they lost. 

I want to make clear that I did state the amount of my package £500 (minus the p&p which I will add to my directions)

I have tons of evidence including CCTV that shows my package jiffy packed and bound all over with brown tape.There is no way the package could come undone unless excessive and unreasonable forced was used. The CCTV shows Evri collecting the parcel from the shop. 

Evri admit they lost it and when I asked for proof they said they "disposed of packaging as the item became detached from packaging" I had to email many times for a satisfactory answer as to how parcel was 'lost' and this was the answer I got. They offered me £25 compensation as a "gesture of goodwill"

Evri will not compensate me on the ground that I:

"Sent a Non- Compensation Item" 

I also didn't add their insurance though opted for next day delivery. 

I have attached my POC and their defence. I spoke with the courts today and an administrator sent me an 

Directions N180 form and N215 form

My question is the grounds on which I fight back? The legal semantic masturbation they've sent back in their defence is so repetitive, confusing and exhausting. They talk about insurance when the most they ever pay out is £20 no matter what. At this point I'm so disgusted by Evri and their shady business practices I want nothing more to do with them but I'm not going to allow them to take my laptop without paying for it. 

Thank you very much in advance. 

 

 

 

Evri Particulars of Claim .pdf Evri Defence .pdf

[BankFodder]

Have you done the reading of the stories on this sub- forum? If you have then you will recognise the extraordinary similarities between the documents you have received and everybody else and you will understand the way forward.

Have you done the reading?

Have you received the directions questionnaire?

When did you receive this defence document?

[BankFodder]

I have also noticed that although we were advising you and asked to see your draft particulars of claim, you started to go it alone.

In particular in your claim I see that you said that you are going to send further detailed particulars of claim. You haven't uploaded that document. Where is it?

 

[BankFodder]

And incidentally, we are volunteers here. We don't get paid. We have our own busy times at work and our own five-year-olds et cetera to look after during the summer break but we still find time to help you get your money back

[amberastor]

Hi @BankFodder I appreciate you getting back to me and I’m fully aware we are all busy people and that you’ve made a choice to help others in your free time and I’m grateful for that. I’m happy to make a contribution to this site if my case is successful.

I have not added any other particulars at this time as I will save the CCTV footage for trial/mediation. 
 

I have done a lot of reading on this site. 

I received the defence documents on 21/8/23

i received the directions document today 30/8/23 by email as I haven’t yet received by post.

im wondering where I stand with Evri’s defence stating I sent a non compensation item. They’ve admitted they had my item and lost it.

Thanks 

[BankFodder]

Although we are grateful to have contributions – that is not the basis on which we help.

We would rather that people engage with this thread with the same amount of energy and enthusiasm as we do – particularly as it is their money at stake – not ours.

It's a shame that you went ahead and issued the claim in the way you did because we would have helped you prepare are far more effective and damaging particulars of claim.

Also, you have promised that you would send further particulars within 14 days. You haven't done that. You lose credibility. What are the extra particulars of claim that you were going to send? Tell us.

In our view, the non-compensation list is invalidated by the fact that you properly declare the item and they accepted it on that basis. It is not beyond the wit of a well resourced and powerful company like EVRi to configure their website automatically to reject items which they do not want to carry or to flag them up as non-compensation.

In fact you declared the item correctly and they simply accepted it in the way that they would have accepted any other item. Not only that, but they offered to insure it and if you had agreed, they would have sold you an insurance policy at the same time.

We find it incredibly frustrating that you have gone ahead in the way that you have done. There was far more to say about their insurance policy which would have made them far more wary of pursuing this matter and would have been much more advantageous to you if you had mentioned it and it went to trial.

I'm not too sure why you visit this forum, ask for advice – and then ignore us. Maybe it's because we do it for free and you don't have to pay any money.
Now that you have got the directions questionnaire, you will have to decide whether or not you want to go to mediation or you prefer to go to trial.

If you go to mediation then you will not have to pay hearing fee unless the mediation fails. In that case you would go to trial and then you would have to pay the hearing fee.

If you go to mediation then we would recommend that you stand your ground and refuse to give up a single penny.

You claimed interest so that is a good thing. And that means that if it goes to trial – although it will take longer you will keep on accruing interest at 8% which is pretty good by today's standards.

Please let us know what the further particulars of claim were going to be. Also, why is it that you didn't file them within 14 days as you said you would on your claim form.
 

[amberastor]

Thanks for getting back to me so quickly.

I have a son with autism and a single parent. We recently moved quite far from family so I have no childcare at the moment. The reason I sold the laptop was to raise funds for my move transition. 

Again, I’m aware we are all busy but everyone has different stuff going on in their lives and at the moment it’s full on for me right now as I’m working from home with a new job and have an autistic child at home, I’m exhausted half of the time as I have to focus on quite a few things at a time. I haven’t been ignoring you or anyone on this site deliberately. My son goes to his dads for a few days tomorrow so thankfully, I can focus on this over the weekend. 

I spoke with MCol earlier this morning about putting anything additional in Particulars of Claim and Mcol said that I can still add to my particulars of Claim if I wish. I wanted to add that I have CCTV footage of my parcel being dropped off by myself and then collected by Evri but I didn’t have the footage confirmed at the time.
I received the CCTV footage recently as the shop had to go through their recording which took time. 

I’d like to go to court as I’ve been reading this is the best way to go when pursuing a claim with Evri but are unsure of the costs. I’m also happy to proceed with with mediation and hash it out. 
 

Thanks 

[BankFodder]

I'm sorry about your personal circumstances. I'm sure that it must be difficult but I can assure you it won't cut any ice with EVRi and it won't influence the court very much.

We have to keep strictly businesslike on this and not muck around. This isn't a social media site. We are in the business of suing corporate bullies – and we always win – but we expect at least equal effort and reaction from the people we help.

The CCTV footage you are referring to is not really the kind of thing that would go into a particulars of claim. So don't bother. This is evidence and you can produce it it later if you want.

What we need to know now is that you are going to stick with this, take advice – follow it – or if you disagree at least let us know – but not disappear again.
We also need to know that you aren't going to go your own way – or if you do – at least let us know so that we can understand and flag up any thing which we think might be a serious mistake.

The obviously found time to go your own way before so time couldn't have been that great a consideration.
There are lots of other people who also need help and who are more fastidious about the way they do it.

For the moment, return the directions questionnaire to the court copy to EVRi and indicate that you want to try for mediation – which seems to be your preferred choice.

After that you have a time to relax before you will receive a mediation date.

When you get the mediation date please let us know and then we can go through your case and see if there is anything interesting which you might want to say.

Also in the meantime, if you read the stories on the sub- forum you will find some people who have succeeded at mediation have written very helpful summaries about the mediation process and you should make a special effort to find those and learn something from them.

If you have any questions then please let us know. We are on your side – despite my rather harsh words – but we need to know that you are on your side as well.

[amberastor]

I’m definitely sticking with this and will liaise with you/the group throughout this whole process. I really appreciate everything the help and advice. 

I’ll send the directions over to the court & Evri over the weekend and will let you know once I’ve done this. 

Any changes at all and I’ll let you know. 
 

I will also be reading the subcategories you’ve mention take notes.

Thanks 

 

[amberastor]

Hi, just to let you know I served the Directions to Evri last weekend and they’ve responded and they want to go ahead with mediation. They’ve also ticked the box to go to a hearing due to this case being “a contractual dispute” but have suggested a court in Leeds. 

The form is not signed off by an individual but “Evri Legal Department” not sure why that would be. 

No date for mediation has been given yet but will  continue reading on the site. 
 

Thanks 
 

Evri Directions .pdf

[amberastor]

Hi so I’ve heard back from the mediators and have a hearing date on 31/10/23. I’ve written in chronological order what has happened so you have a better understanding of what’s gone on thus far.
 

18/6/23 I sold a MacBook Air Laptop (£523.93 inc p&p) on EBay and clicked link on EBay sit to use Evri’s next day Courier service. I paid £7.56. I didn’t purchase insurance.

22/6/23 I contacted Evri via ChatBot asking where parcel was and why it hadn’t moved from and was still at their sorting centre. I got a reply saying message would be passed to customer services. 

23/6/23 I didn’t hear anything back from Evri and tried emailing them. I got an email back “Thank you for contacting Evri. This email address is no longer a Customer Service contact channel.. and you’ll be put through to Digital Assistant Holly” I used the link provided.

24/06/23 Evri assures me parcel is on its way to me and is still at the hub. Evri said they will escalate to find out what has happened to my parcel that they have confirmed has arrived at their hub. 

25/6/23 passed on to more Evri agents who say they are working to resolve my issue

26/6/23 Evri have confirmed my parcel was scanned and asked that I wait 48hrs for tracking update 

28/6/23 Evri emails they have lost my parcel. Evri says my item is a prohibited item and a non compensated item. Evri specifically says Laptop is prohibited as “they are more fragile than others and therefore are more susceptible to damage.” Evri offer me £7.56 as I sent at “my own risk” I decline this “compensation” and email back wanting a full explanation of what happened to my parcel and to check their lost property department as they clearly processed the parcel in their hub.

28/6/23 Evri emails me to say that  my laptop became detached from the packaging…

“we have exhausted all our investigating's into locating your items but as they have become separated from the packaging we have not bee able to locate them and when the empty packaging arrives at the hub it was disposed off as this our procedure regarding empty packaging.”

I explained that had jiffy packed and brown sellotaped the parcel all over and have video evidence of this provided by the Evri drop off point in Windsor. There would have had to have been extremely excessive force used for the laptop to become separated from the packaging. 

I ask for photographic evidence of damage to my parcel. They don’t provide this. I also ask Evri why I wasn’t notified in the first instance that they had thrown away my empty parcel? 

30/6/23 Evri offers £25 compensation as a gesture of goodwill. I decline this asking for the full refund of value of my laptop plus p&p. I email a complaint. I’m sent an email back saying “This email address is no longer a Customer Service contact channel”

6/7/23 I email and post Evri a letter of claim. I get an email saying “This email address is no longer a Customer Service contact channel”

21/7/23 I hear nothing back from Evri and open a claim on Mcol

21/8/23 Evri responds via Mcol admits my parcel is lost in their possession but accept no liability as the parcel involved is not accepted in carriage and is on their excluded list (they took my money though and accepted carriage). Evri also states they will only compensate for loss or damage or late delivery (£20) so I will not be compensated ad laptop is a prohibited item. 

 

[Lex49]

Mediation is nothing complicated. I had one-  4 days ago. First time in my life. You shall not proove anything in mediation- it s only speaking about - What sum you are ready to accept/ they are ready to offer. You can be stubborn and say- i want all.

You can read about it in my post- Ebay/evri lost £145 item Evri letter of claim sent Court Claim issued.

https://www.consumeractiongroup.co.uk/index.php?app=core&module=system&controller=redirect&url=https://www.consumeractiongroup.co.uk/topic/457994-ebayevri-lost-%C2%A3145-item-evri-letter-of-claim-sent-court-claim-issued/&key=4405c0ccbe5fd9dbf6e4de6aa0c8ad92244d7ec83a97b7b13b9b63320cf210c9&email=1&type=notification_new_comment

 

[amberastor]

6 minutes ago, Lex49 said:

Mediation is nothing complicated. I had one-  4 days ago. First time in my life. You shall not proove anything in mediation- it s only speaking about - What sum you are ready to accept/ they are ready to offer. You can be stubborn and say- i want all.

You can read about it in my post- Ebay/evri lost £145 item Evri letter of claim sent Court Claim issued.

 

 

Thanks for your message and the heads up! Had a look at your post briefly but will have a proper read tomorrow. Really helpful.

 

[amberastor]

Hi @BankFodder

I hope you’re well. My mediation appointment is on Tuesday 31/10 between 12pm and 3pm. 

I’ve read and reread on the site and suggested posts. I’ve been making some notes on some of the things I’ll need to go through with the mediator. 
I’m seeking £636.06 from Evri for:

Loss of laptop £532.71

Postage fees £9.60

Court fees £70

Interest accrued since Evri declined to compensate me £23.75 

Total: £636.06

I’m aware of how Evri’s manipulations and I know they will bring up some of the points I make below:

• You had no insurance 
• Declared item £500 (when was £532.71)
• It was on the prohibited list
• It is a non-compensated item (they offered me £25 compensation several times 

Evri admitted damaging parcel, losing contents of parcel - an MacBook Air- and throwing my packaging away without permission or notifying me. The contents of the my parcel value as £500 on Evri as the correct value of £532.71 couldn’t be put into the online form. I can provide evidence from my EBay account.

I know Evri may blame me for not packaging my laptop correctly but I have evidence, time and date stamped videos taken from the parcel drop off point and when my parcel was collected by Evri. I packaged my parcel very well the laptop which was in its box original packaging. I put in a large jiffy envelope for padding and then wrapped the whole parcel all over with brown tape from side to side corner to corner. There is no way that the contents could have come separated from the packaging unless extreme force was used i.e a sharp instrument and/or excessive force was used. 

Evri admits the parcel was lost and damaged in their care but say they can’t compensate me because laptops are on their non compensation list and prohibited items list. If my item was on a prohibited item then why did they accept my payment to courier? Further to this Evri’s terms and conditions are not legally binding nor are their terms. This can be verified on sections 49 & 57 of the Consumer Rights Act 2015 

49 Service to be performed with reasonable care and skill

(1)  Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

(2) See section 54 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract 

57 Liability that cannot be excluded or restricted 

A term of a contract to supply services is not binding on the consumer to the extent that it would exclude the trader’s liability arising under section 49 (service to be performed with reasonable care and skill) 

Evri emailed me that the reason why laptops are on the prohibited list is because “they are fragile and more susceptible to damage..in the event of sustained damage compensation will not be awarded” well my laptop has not been damaged - it’s disappeared into thin air under Evri’s watch.  

What I also find interesting about Evri is that if the consumer wants to make a claim, the consumer has to provide photographic evidence of damage/condition of the parcel their claiming for but whenever many of us ask Evri for photos of our damaged parcels they NEVER send you any evidence. 
 

if you think there is anything else I need to bear in mind do let me know. 

Thanks! 

[BankFodder]

I don't think there is anything else. Simply stand your ground. The absolutely resolute because if it goes to trial then you will win.

They are unable to show any evidence that it was damaged. They disposed of your property apparently without any permission at all.
Whether or not it is on a prohibited items list has no bearing on the fact that they lost it.

Stand your ground and be prepared to go to trial

[amberastor]

4 minutes ago, BankFodder said:

I don't think there is anything else. Simply stand your ground. The absolutely resolute because if it goes to trial then you will win.

They are unable to show any evidence that it was damaged. They disposed of your property apparently without any permission at all.
Whether or not it is on a prohibited items list has no bearing on the fact that they lost it.

Stand your ground and be prepared to go to trial

Thanks. I will definitely be standing my ground and will keep you updated. Am prepared for trial and not leaving this planet until I get what I’m owed. 
Have a great weekend. 

[occysrazor]

good luck on your appointment @amberastor - your notes look detailed to help with the discussion, and stand your ground as Bankfodder

[amberastor]

2 hours ago, occysrazor said:

good luck on your appointment @amberastor - your notes look detailed to help with the discussion, and stand your ground as Bankfodder

Thanks @occysrazor will update how it goes. Have a great day!

[amberastor]

So I’ve had mediation with Evri today and have settled. I’m satisfied with outcome and will post my experience and process tomorrow as have after school activity/halloween stuff with little one.

[amberastor]

 

So had mediation and settled. Here’s how it went down: 

mediation summary removed due to threats from EVRi to withhold payment and to go to court.

Although there is a confidentiality agreement in respect of mediation, overall EVRi are bullies. They know that their insurance racket is unlawful under section 57 of the consumer rights act and section 72 of the consumer rights act.

We are looking forward to more people who go to trial so that we can get more judgements.

 

 

Read about all the rights that you have under the Consumers Act and with each offer you put forward in Mediation apply the appropriate terms that are being contravened by Evri and specifically tell the mediator to tell them these when she speaks with them. If you have evidence tell them you will use it in court and have a judge scrutinise their terms and conditions. Tell them you will bring about their bizarre and unethical practices to the attention of a judge who can make the decision of what right and wrong and that maybe it will force them to behave in a legal manner and update/modify their policies up to ethical standards. Tell them not to insult you with silly offers and to take full responsibility for their negligence and to pay for what they’ve lost/damaged. Ask them why on earth should I bear the cost of insurance for your employees negligence/theft/lack of reasonable skill or care? Ask them Why should I pay for your breach of contract? You must shame them with the facts in this process. 

 

I personally, wanted all my money back but I also had a cut off point in my head of what I was willing to forfeit which was the interest accrued. If I had the time and resources I would’ve loved to have been the one to expose Evri in court - I’m pretty sure they would’ve given me every penny owed had I really dug my heels in but I’m satisfied with the outcome. I’m an ordinary person not built for this litigious stuff and shame on Evri for making ordinary people like myself resort to the stressful process of facing the courts. Evri don’t care about customers, about the affects that the loss of money can have on peoples lives and their families. Some of us have small children. Evri truly are a very nasty company that in need to go bust or change their standards. I predict something very bad is going to happen to them because being sued every day is unsustainable. 
 

Am happy to give anyone advice and will remain on site intermittently to check in if need be. I understand this can be a really isolating and stressful experience.

 

I’m so happy I found this fantastic forum - the moderators are amazing and thank you all for the help, encouragement and wisdom. Please send me a link so I may make a donation as soon as my compo clears. 
 

Thanks again!!