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    • Oh I see! thats confusing, for some reason the terms and conditions that Evri posted in that threads witness statement are slightly different than the t&cs on packlinks website. Their one says enter into a contract with the transport agency, but the website one says enter into a contract with paclink. via website: (c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency. via evri witness statement in that thread: (c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency I read your post at #251, so I should use the second one (and changing the screenshot in the court bundle), since I am saying I have a contract with Evri? Is that correct EDIT: Oh I understand the rest of your conversation. you're saying if I was to do this i would have to fully adjust my ws to use the consumer rights act instead of rights of third parties. In that case should I just edit the terms and stick with the third parties plan?. And potentially if needed just bring up the CRA in the hearing, as you guys did in that thread  
    • First, those are the wrong terms,  read posts 240-250 of the thread ive linked to Second donough v stevenson should be more expanded. You should make refernece to the three fold duty of care test as well. Use below as guidance: The Defendant failed its duty of care to the Claimant. As found in Donoghue v Stevenson negligence is distinct and separate to any breach of contract. Furthermore, as held in the same case there need not be a contract between the Claimant and the Defendant for a duty to be established, which in the case of the Claimant on this occasion is the Defendant’s duty of care to the Claimant’s parcel whilst it is in their possession. By losing the Claimant’s parcel the Defendant has acted negligently and breached this duty of care. As such the Claimant avers that even if it is found that the Defendant not be liable in other ways, by means of breach of contract, should the court find there is no contract between Claimant and Defendant, the Claimant would still have rise to a claim on the grounds of the Defendant’s negligence and breach of duty of care to his parcel whilst it was in the Defendant’s possession, as there need not be a contract to give rise to a claim for breach of duty of care.  The court’s attention is further drawn to Caparo Industries plc v Dickman (1990), 2 AC 605 in which a three fold test was used to determine if a duty of care existed. The test required that: (i) Harm must be a reasonably foreseeable result of the defendant’s conduct; (ii) A relationship of proximity must exist and (iii) It must be fair, just and reasonable to impose liability.  
    • Thank you. here's the changes I made 1) removed indexed statement of truth 2) added donough v Stevenson in paragraph 40, just under the Supply of Goods and Services Act 1982 paragraph about reasonable care and skill. i'm assuming this is a good place for it? 3) reworded paragraph 16 (now paragraph 12), and moved the t&cs paragraphs below it then. unless I understood you wrong it seems to fit well. or did you want me to remove the t&cs paragraphs entirely? attached is the updated draft, and thanks again for the help. WS and court bundle-1 fourth draft redacted.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.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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FeelUnique/Sephora - Online Order Return Lost by Evri


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Glad to have found this forum, and seeking some advice. 

I'm a massive fragrance collector and last Christmas (Dec 2022) I bought around £1,500 of fragrances from an online retailer as Christmas gifts for friends and family. Long story short I had to move house at short notice in December and couldn't take them with me, so decided to return them all in January.

The retailer usually had returns with Yodel through their system but you could still generate a returns label with Evri at the time, so I asked them whether it was okay to send with Evri. They said yes, and to save the proof of postage, so I did. 

I checked the returns page and they said to take photos of the parcel before sending in case of damage as well. I did this.

I dropped it off with Evri in January and Evri said it was on the way back and to contact the retailer for updates. The retailer then said they weren't refunding as they never got anything back, and then just started ignoring me. I basically gave up as I couldn't get through to Evri myself, the chargeback I raised with my debit card failed, and I had a lot on my plate at the time.

Looking into it now it seems that I have done everything according to what the retailer asked me to, and I shouldn't be at fault because I didn't even buy the returns label, the retailer did. What can I do ~7 months later?

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get reading up a good few 20+ evri threads here.

 

std procedure

complaint letter

letter of claim

court claim.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you dx100uk, but would it be more just to go after the retailer for breach of contract as they are equally if not more liable? 

As this is a return rather than a shipment that I took myself, I didn't actually pay for the postage, the retailer did. 

 

 

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no----you need to get reading up as i said.

100's of like threads here

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, do the reading as advised by my site team colleague and stand by for further responses tomorrow.

You need to do lots and lots of reading to understand all the principles involved on the strategies.

Trying to deal with your question as to why you shouldn't go after the retailer:
who is the retailer?

On what basis where you affecting the return? – Faulty goods? Within the returns policy?

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I have started doing some reading dx100uk, but yet to find a case where the shipment was a return using the retailer's prepaid shipping label. I feel like I vaguely understand the third-party principle which many are using when they buy the label from a broker, but it would be reassuring to find a similar case to mine if any spring to mind. Will keep on looking.

BankFodder, the retailer is an online beauty retailer, though I am not sure I should release their name publicly until this is fully resolved. If you would like to know, I can send it privately. If you feel like it should be public knowledge at this time, I am willing to post it in my next reply.

The return was largely for change of mind within the returns policy, though a small number of goods were faulty i.e. damaged in transit. I followed all instructions and received permission to generate a prepaid label using their old returns courier Evri rather than through their new system with Yodel, and have all the chat logs to prove it. 

I feel like I should get in contact with Evri to get them to send over any proof of delivery but am unsure whether they will still have it so many months on, wasn't able to get in contact in the first place, and they say on their website to get in contact with the retailer in case of any issues. 

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Thanks for this reply.

To begin with, there is no downside with releasing the name of the supplier. It will help others and also it may put pressure on them to sorted out rather than to damage the reputation. Please put it up and it might help us with extra information.

Secondly, it is unlikely that you will find a similar case here. But that's not the point. The important thing is to find the principles within all the cases.

You say that the return was really because of your own change of mind but within their returns policy. I'm afraid that this probably makes it easier to attack the delivery company then the supplier.
This was a voluntary return and although you can say that their policy gave your contractual right to return it, you will become far less complicated if you sue the delivery company.

However, we will keep our options open for the moment.
From what you have written so far, I gather that you haven't even made a complaint to EVRi. I think you should do that immediately. Contact them by email in my letter and asked them where the shipment is. Come back here and tell us whether you have had a reply after about seven days.

In the meantime, start doing lots of reading – and I mean lots and lots.

I expect that you will get your money back but you need to be confident of what you are doing and this means that you need to be reading so you understand the route

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Thank you BankFodder, I will continue reading. I found one case where a QVC return was made with a prepaid Evri label but it seems as though that case did not end up getting resolved as there are no further replies on the thread. 

The retailer is Sephora but I purchased it around the time that it was being rebranded from FeelUnique to Sephora. 

I have tried contacting Evri using their online chatbot again, but they are not recognising the tracking number I am inputting. Do you have an email address I can use to contact them and start my enquiries?

I think that either Evri will say that they delivered it, in which case I presume we ought to go after the retailer, or Evri will say that too much time has elapsed, in which case I am not sure what to do as I have left this for over six months. 

 

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If only says that they delivered it then you will want proof.
If they don't have any proof and that is too bad for them.

The fact that you appear automatically to be prepared to accept the word of EVRi without any reference to evidence of the delivery makes me concerned that you still trust them.

I don't have an email address for them – maybe somebody else will come along and post one up here although I'm sure if you do enough reading you will find their contact details.
Of course you can write to them as well. If you write then make sure that you evidence that your letter has been sent and delivered.

Did you pay for their insurance policy?

Also you refer to a case involving QVC where the OP has not returned after we have given advice.

This could be because they are waiting for court papers or court dates – but unfortunately could also mean that they have simply had some kind of success and have NOT come back to updaters.

For anybody who reads this, this is very unhelpful. We go to considerable lengths to help people and at the very least we and the other people who rely on this forum deserve to know what happened.


Knowing the outcome of people's claims helps other people to make decisions has to whether or not proceed with the claim, it gives them confidence, and it helps them to understand the steps.


It is very unfair when people come here for help and then simply disappear without letting everybody else know how it went – let alone disappearing without saying thank you.

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  • dx100uk changed the title to FeelUnique/Sephora - Online Order Return Lost by Evri
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