Vinted/EVRI - £50 Nike trainers sold Via Vinted + their insurance - stolen while during delivery- court claim **settled in full**

[MID52]

Hi everyone evri has swapped my item for another item i have no idea what to do now

This is the story so I (seller) sold some shoes worth around £60 and when it arrived at the buyers address they received some other shoes I didn't put in there.

I read up online if evri would do such thing a what do you know its happened to multiple people now I don't know what to do I need some help please.

[BankFodder]

Start off by reading as many of the stories on this sub forum as you can manage over the next 2 or 3 days.

That means lots of them.

Send a letter of complaint to EVRi but don't set a deadline.

but let us know what happens in the next 7 days or so.

What is the value of the shoes?

Was the value correctly declared?

Did you purchase their insurance policy.

What make a model etc were the shoes

 

[MID52]

The shoes were nike air forces white sold for around £50 including buyer protection on Vinted 

 

[BankFodder]

Ok. Post your initial letter and then start preparing your letter of claim and post it here so we can have a look

[MID52]

I read a couple of stories on here a couldnt find an example of an initail letter what does it consist of?

Is it just an over view to what has happened and what im seeking back?

 

[BankFodder]

I did say that you should read lots of the stories here. A couple of stories simply doesn't cut it.

Yes, you are basically making a complaint about your parcel and where is it

[MID52]

Hello @BankFodder i have done lots of reading of other incidents of Evri theft should i start of with a letter of claim now ?

Evri have emailed me saying they want to know what happened to my item i proceeded to tell them. I also told them i have evidence (pictures from buyer)too as when i packaged them it had no tape on it as there was an unused adhesive strip on the box i used therefore someone opened it and swapped my item out.

 

[BankFodder]

Yes, draft a letter of claim and post it here and we can have a look

[MID52]

Sorry for late response had things to deal with, here is my letter of claim. Let me know if it need adjusting please.

 

Parcel    reference    number – XXXXXXXX

Dear    Sir/Madam,

I arranged for collection and    delivery of Nike AF1 trainers on the 10th August 2023 using your service.
I have photo evidence of my parcel that seems to be tampered and opened with as there is tape on the parcel.
When i packaged them i used no tape at all as there was already an used adhesive strip that i used
therefore i can articulate suspicion of theft.

15th August : I notified you explaining what had happened to my parcel and waited until a response.

16th August : Evri emailed me asking for further evidence and questioning.

5 days later (16th till 21st) I have not received any response from Evri to your negligence and criminality of your employees.

I am requesting a full reimbursement of my item cost with a declared value of £45 and £5 for crease protectors that i included 
for a total value of £50

If I do not receive a satisfactory response from you within 14 days of this email, I intend to issue    
proceedings against you in the county    court without further notice.

Yours sincerely,

Customer

[BankFodder]

That's fine .

Check that you are available to issue the claim on day 15 as you have promised them.

Open an account with the MoneyClaim county court online claim system.

Start drafting in your claim and post  your particulars of claim here so that we can check it before you send it off

 

[MID52]

Quick question does Evri pay for court fees as they will be the losing party ?

 

[dx100uk]

to be honest if you are asking this question it shows you have not done enough reading up yet...

 

dx

 

[AndyOrch]

Court fees are included in your total claim amount +  (issuance fee) + Sec 69 interest@ 8% if you opted for it in your claim.

Andy 

[MID52]

Im very very sorry ive been on holiday and had family things come up

but to keep you updated after the letter of claim was put out evri emailed me saying its vinted fault and vinted have replied to me sayings its evris fault when in reality its evris fault

i have not opened an account with MoneyClaim county court and haven't made a particulars of claim letter yet so i will start both of them today and i will send it to you guys on here tomorrow 

[dx100uk]

why did you go away when you knew you would not be able to launch your court claim on day 15 from sending the LOC?

doesn't bode well on your threat of court

 

dx

 

[BankFodder]

What date did you send the letter of claim?
Did you contract directly with EVRi? Why should it be the fault of Vinted?

Who did you get the insurance from? EVRi? Or Vinted?

[MID52]

I sent the LOC on the 1st of September its been around 42 days since the event of my parcel occurred.

The buyer was the one who made the evri digital label so they have protection as a buyer.

Vinted has a buyer protection on all items sellers sell, they say because i refunded the buyer im not in their hands now but vinted sent out a message saying after 3 days, giving me the option of getting my item back and i pay for the shipping fee and refund the buyer or i leave empty  handed and refund them ,they would regardless refund the buyer after the third day so i was left with no option really but to refund them. Still doesnt make sense on vinted behalf as where is the seller protection .

Evri said its not their problem as vinted was the one who created the shipping label but even to someone dumb would clearly understand its evris fault in this situation as my item was tampered with in their hands. Right now i havent heard anything from both parties since last week but i know its evris fault. 

Should i continue with the MoneyClaim court county and particulates of claim.

 

 

 

 

[BankFodder]

I hope you realise that if you send a letter of claim giving 14 days before you take an action and then you don't follow it up and in fact you leave it for a further 28 days, that nobody is going to take you seriously and your letter of claim goes into a bucket with all the others.

I understand that you have had holidays and so forth and so forth but I think you need to decide now whether you want to proceed with this and take this seriously.

Continue with the MoneyClaim action.

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

Once you issue your claim you then get to tight deadlines and if you decide to go on holiday again so that you miss those deadlines then you lose the case and it will be money down the drain.

 

[MID52]

Yes i completely understand wont happen again ill get to creating them then ill post it on here

[MID52]

This is the POC let me know if its fine please.  

 

 

Quote

 

PARTICULARS OF CLAIM

 

Item Declared: Nike Air Force 1 including crease protectors
Sold value: £50 
Buyer paid for postage fee around £3 

 

The claimant used the defendants courier service to deliver an item with the value of £50 to a UK address. Evri parcel reference number: H############

The claimants parcel appears to be a subject of theft as it was replaced by a different parcel containing a different pair of shoes upon arrival.

The defendant has refused to reimburse the claimant for the full amount.

The defendant is clearly in breach of the Consumer Rights Act 2015 in that they have failed to carry out their contractual obligations with reasonable skill and care.

Furthermore, the apparent theft of the claimants property was committed by a person working for the defendant as the item is tampered with upon arrival.

 

The claimant seeks the value of the stolen item £50 plus court fees and interest pursuant to Section 69 – County Courts Act 1984 plus damage for conversion not exceeding £250 in the discretion of the court.

 

 

 

[BankFodder]

Looks good. Brief and to the point but can you remind me, did you get insurance?

[BankFodder]

Also I think that the discretionary £250 for conversion is rather high. I think £50 for a £50 item is probably more reasonable

[MID52]

Buyer paid for the digital label from vinted and vitnted always charge a fee for buyer protection which was £2.95

 

[BankFodder]

Going back on this thread I see that you haven't explained to us the reason that EVRi gave you for rejecting your claim.

Also I suddenly realise that this is an item the you sold and it wasn't delivered to your purchaser.

If that's correct, then you weren't the owner of it by that time. Your purchaser was the owner and that means that you don't have any basis for suing conversion because you didn't have ownership to lose. I think you will have to remove that part from your claim

[MID52]

After the LOC and emailing them they didnt respond back to me so i assumed they was not going to reimburse me.

I posted the item out, when it arrived to the buyer they sent me pics of what they received i suspect it was opened and switched as ive got evidence