£349.99 Adidas Yeezys - Evri swapped my parcel for other Adidas shoes

[Londonboyj]

Hello

First post here so please bear with me. I am happy I found this forum as there’s no help online anywhere else.

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

I sold a pair of trainers Adidas Yeezys on eBay for 349.99 - I dropped them off at an Evri Store via Evri for next day delivery on 5th August.

The shoes are being sent to eBay Authentication Team to get verified before they are sent to the buyer.

I paided £7.32 for next day deliver and added compensation of £100 not expecting any issues to arise. 

The parcel was collected on the 7th August.

And it got delivered on the 8th August. 

I thought the item got authenticated and got sent to the buyer.

I got a call on 24th August for eBay authentication team saying ‘we received trainers but they are not Yeezys’.

I was shocked as I sent the Yeezys and was expecting this transaction to go smoothly. eBay have received another pair of Adidas shoes, which are worth £34.00. 

eBay have charged my account for the full £349.99 and now I’ve lost the shoes too. So I just don’t know what to do next.

I believe someone at Evri or EBay may have swapped the shoes over but waiting for evidence.

I am waiting for EBay to call my tomorrow I have asked for any CCTV of the parcel being opened and parcel being dropped on at the address. 

I have just sent an email to CEO of Evri stating what has happened and hoping for a resolution? 

What are the next steps I should take can someone help me please. 

I have been going through the forum looking at other people’s cases hopefully I can start a claim and get money back.

[BankFodder]

Have the trainers been returned to you?
Did you take photographs of the parcel before you sent it? Are there photographs of the parcel when it arrived? Have you been supplied with the wrapping that the parcel arrived in?

You say that the trainers are worth £349 but you take out an insurance for only £100. Does that mean that you declared the value at £100?

 

[Londonboyj]

The trainers haven’t been returned yet. eBay want me to supply them with a return label for the shoes, but these aren’t my shoes and not even my size. 
 

I haven’t got a photo but I’ve got an eye witness who was there when I sent them. 
 

There is a photograph of the parcel being delivered but it isn’t clear what one is the parcel.

I haven’t been supplied with wrapping the shoes for delivered in. I sent the trainers in black wrapping paper.

Yes that correct I declared the value at £100. I had a feeling to do the full price.

I am waiting for eBay to call my tomorrow I will ask for the following: 
 

Packaging 

CCTV 

I’ll attach photo Evri supplied that confirms it got delivered look. 

Photo confirming delivery: 

EVRI .pdf

[BankFodder]

You will need to get the evidence. This is important.

Also, you undervalued them at £100 and it is very likely that this is all you will be able to claim. Why on earth did you undervalue them?

[Londonboyj]

I undervalued them as i wasn’t expecting Evri to scam me? 
 

I’ve used Evri before and never had this problem. Is there anything I can do in this case? 
 

[BankFodder]

… A bit like saying "I didn't bother to look before I crossed the road because I didn't think that I would get hit by a car"

And you still haven't explained what possible advantage you might have by undervaluing them. I am curious to know

[Londonboyj]

Sorry… that’s my fault. Would I be able to do anything? 
 

I know it’s a silly mistake. Hopefully can resolve it, with eBay.

It could possibly, be someone at eBay who swapped the shoes but really, not sure at this point.

[BankFodder]

I am certain that what you are saying about the trainers is true – but that is not the problem.

You need evidence but also you have undervalued them at £100 instead of £349. You seem to be suggesting that it's a mistake but I suspect that it wasn't. I think it is more likely that you thought you would save a little bit on the insurance and have undervalued them.

Big Fail!

First of all the insurance is unnecessary and unenforceable. It would be better if you had declared the value correctly and not bother to buy any insurance. However, as you asked EVRi to accept a risk of £100 – it is extremely unlikely that you could ever ask them for more than that.

Secondly, if you do take them to court – and particularly if your evidence is flimsy then you can be certain that EVRi will try to say that you are trying it on and if you try to claim for the real value – £349 – EVRi will point out that you undervalued and that you are trying it on then as well.

There is nothing good here.

You should start being straight dealing about these things. Secondly, you should start getting evidence and that means that you should take pics of the parcel before it is sent and as soon as this kind of thing happens you should ask for a picture of the item which apparently has been delivered including the wrapping.

I suspect that it went to eBay because you declined to accept the word of the purchaser and declined to reimburse them. I'm afraid that this is another big mistake because you ceded control to eBay and they tend to do what they want.

If you can get sufficient evidence then we can certainly help you succeed in the claim against EVRi – but it is most likely that you will only succeed to the tune of £100.
Unless the evidence is really strong, I wouldn't even want to mention the full value and the fact you undervalued it because that will only damage your credibility. Once you have been devious about one thing – the court may well draw conclusions that you have been devious about everything.

We can help you get your £100 back if you follow our instructions but you better start being straight about everything and you had better get good evidence.
Sorry that it all sounds bad. Sorry that it sounds a bit critical – but there are some lessons to be learned here I think

[Londonboyj]

Thank you for all your help no I honestly appreciate it. It’s a lesson to be learnt 100%. 
 

In regards to eBay - they need to authorise these trainers I didn’t choose to send it to eBay. It’s eBays only option. 
 

I am dealing with eBay tomorrow - I haven’t made the payment to eBay as of yet. As they have credited my account -349.99. So I'm In debt with eBay. 
 

I need to get all the evidence of parcel tomorrow such as packaging and any cctv they can give me. 
 

No matter what I’m not going to be paying eBay back the money. eBay need to resolve this problem in house. I know what I sent and iM not getting scammed by Evri simple, I promise you that. 
 

I will keep you updated on how I get on. 
 

If worse comes to worse they will close my account down and send letters to my address demanding the letters - I will ignore it and deal with that when it comes. 

[dx100uk]

11 minutes ago, Londonboyj said:

In regards to eBay - they need to authorise these trainers I didn’t choose to send it to eBay. It’s eBays only option. 

the swap in transit is nothing to do with ebay. so wont do anything. waste of your time bit i wish you luck if a miracle does happen.

as it stands - you are not 'out of pocket' as you've not and you wont be paying ebay

they will sell your debt on. they never do court themselves. these scam losses are part of their business model

just ignore ebay totally going fed.

eventually when you ever get a notice of appropriation (debt sold to a debt buyer/DCA) a dca cant do anything they are NOT BAILIFFS.

so you then wait to see if they send a letter of claim then comeback here if they do.

even if this does EVERgo to court, the DCA will never win with the evidence you have now and will drop the case like a hot stone.

just dont move without ever informing the dca/debt buyer for say 7yrs.

 

[Londonboyj]

Thank you for the advice. 
 

in regards to eBay I believe they will send it to a company who will chase and I’ll just ignore anyway I’m leaving the address in 2 months where I live soo will all be okay hopefully. 
 

I will keep you guys posted on this! I honestly appreciate all your help.

[dx100uk]

just be clear on what happens to debts in the UK.

an original creditor can 'employ' a DCA to chase you

they state they act for their client (the OC) they are powerless.

the debt is SOLD to a DCA.

you will get a Notice Of Assignment, that means its sold.

a DCA now OWNS the debt and can launch a legal claim but must abide by the pre action protocol and send a letter of claim (as explained)

its then that you pop back here as you MUST reply but in the correct way..

RUNNING AWAY from a debt by moving and NOT informing any debt owner you've moved can be fatal.

CAN result in a BACKDOOR CCJ...be careful !! you must WRITE to your debt owners giving your new address.

dx

 

 

[Londonboyj]

I have decided to take Evri to a smalls claim court. I have been looking and following some similar cases where the sellers have won the case. 

I followed the steps which other people done - Evri offered me 20GBP compensation + delivery fee back. I refused this but they went ahead and sent me 50GBP and the delivery fee which was strange. 

The current situation is: 

Claim History

You submitted a claim on 13/10/2023 at 12:58:38

Your claim was issued on 16/10/2023

EVRi PARCELNET LIMITED filed an acknowledgment of service on 25/10/2023 at 14:05:09

Evri intend to defend the claim now I have to defend my case and include all the information, I think. But any help and assistance will be appreciated, Ive never taken a company to court before. But Evri didn't lose my parcel it was delivered but they swapped the shoes around.

1. I intend to defend all of this claim

 

What's my next steps
 

 

 

 

 

 

[BankFodder]

Please start off by posting your claim form in original format in PDF format.

Then when EVRi files their defence please post that up in PDF format as well

[BankFodder]

Also we would like to see your letter of claim

[Londonboyj]

Thank you so much for your quick response. I will attach the claim form below. This is first time submitting a claim hopefully it should all go to plan and hopefully I made no mistakes along the way. 

I want to clarify before the letter of claim was sent on the 5th of October I sent an email on 1st October to Evri stating this: 

"I am writing to follow up on the issue regarding the Yeezy trainers that were swapped during my recent order.

I previously reached out to notify you about the mix-up and submitted a claim form for the correct pair, which unfortunately is not functioning as intended. Despite my attempts, I have not received any response or confirmation of the claim.

As it has been two weeks since my initial inquiry, and after seeking legal advice from a solicitor, I am now considering pursuing this matter further through the County Court to secure the refund of £349.99 for the swapped items.

I genuinely appreciate your attention to this matter and would like to request immediate assistance in resolving this issue. I trust that you understand the urgency of the situation and the importance of rectifying this matter promptly.

Your cooperation and prompt response would be highly appreciated."

This was sent prior to to the letter of claim. maybe I got this wrong but  I am now waiting from Evri to response with an update from their legal team.

I kindly request any advice or help in this situation. If I have made some big mistakes hopefully God is watching over me protecting me. Fingers crosses I have done it all correctly

Claim Form - LondonBoy -2.pdf Letter Of Claim - Word.pdf

[BankFodder]

You started asking for our help. Then you abandoned this thread and then reappeared after two months apparently having started the claim all on your own.

Your claim form is okay – just – and I suppose it will do the job but it is full of claims of distress et cetera which of course won't do your credibility any good. It's lucky you didn't actually try to add some money for this.

Of course it is absurd to suggest that the substitution was carried out by EVRi. They may be an unpleasant and stupid company but I can't imagine that they are dishonest – but at least not in this way.
Operating an unenforceable insurance scheme is a different matter but that's not what you were talking about.

I think you we need you to tell us if you want us to help you further or if you are going to keep on going it alone. We don't really want to waste our time too much here.

Did you get the shoes which were apparently substituted back?


 

[Londonboyj]

I want to express my gratitude for your constructive feedback and the group's support. I apologize for the delay in my participation, as personal matters required my attention, but I never intended to abandon this thread or handle the situation entirely on my own.

I appreciate your critique of the claim form. I will make the necessary revisions to ensure it's concise and focused on the primary issue, while acknowledging the importance of maintaining credibility.

Regarding the substitution, I understand your perspective, and I also recognize the questionable actions of EVRi. While I may have suggested they were involved, I'm open to exploring all possibilities. My primary goal remains resolving the issue with the substituted shoes.

An update on the shoes: eBay did return the substituted shoes, but upon examination, it's clear that they are not my original pair. This discrepancy persists, and I will continue to pursue the matter to ensure the right resolution.

Your ongoing support and insights are invaluable. I'm fully committed to finding a solution with your assistance. I'll keep you informed about any further developments, and if you have any suggestions or advice, please don't hesitate to share.

Thank you for your understanding and help in this matter

I've realised that I may have missed some crucial information in my initial correspondence, such as the reference to 'Operating an unenforceable insurance scheme.' as @BankFodder stated. Could this be incorporated into the court proceedings, and if so, how should I go about doing it?

As I'm now in the stage where I'm waiting for EVRi to defend this case, I want to make sure I'm thoroughly prepared. Are there any specific documents, evidence, or legal aspects I should consider gathering or preparing in advance to strengthen my case?

Your expertise and advice will help me and I trust in your guidance for the best course of action.

[BankFodder]

Wait for the defence and in the meantime take pictures of the shoes which you received back.

I understand that you didn't take any pictures of the shoes before you sent them. At the very least get some pictures of the equivalent shoes for comparison.

 

[Londonboyj]

I will go ahead and take photos of the trainers I received back.

I have photos of the trainer before I sent them, the ones on the eBay listing is that's ok.

[Londonboyj]

It's been 15 days and still no update from Evri on defending this case, they have 13 more days to reply. Do you reckon they will reply within the time period?

 

I will keep you guys updated.

[BankFodder]

They always get their defence in at the last minute.

However, keep watching in case this time they make a mistake and get ready to apply for a judgement the first possible moment.

[Londonboyj]

Thank you I have been checking the case daily. This is what it currently says: 

Screenshot 2023-11-10 at 16.18.37.pdf

[Londonboyj]

I have an update on the case just checked the case and it says this: 

A bar was put in place for EVRi PARCELNET LIMITED on 13/11/2023

What does this mean? Will I have to wait for documents or something?

[dx100uk]

wel they had 33 days to file a defence 17th so thats not up yet...