Evri - lost +£460 parcel - refused compensation even though I paid insurance.***Settled in full at mediation***

[babs71]

I sent a parcel via Evri 27/05/23,

on 16/6/23 they admitted lost and to told me to open a claim,

I did this and claimed the cost of insured loss £469 plus postage cost £22.81,

waited 28 working day, chased them 30/7/23 as had not heard from them, jumped through hoops providing al sorts of evidence, and then they refused my claim 31/7/23 as they said my Invoice didn't have a company name to pose as legitimate.

I am not a company but and individual and could show payment made to my bank account by the buyer for the invoice amount.

I reopened my claim on the 31/7/23 with all the evidence they still required, eBay platform from where I usually sell, this time was word of mouth so sold outside of eBay and invoice customer, communication with customer, bank statement, emails etc

now all communication from Evri has gone cold.

I have sent emails to them regular for the past 4 weeks including Martijn De Lange on the 14/8/23 advising I would have to consider court action if they did not pay out or contact me.

What should I do now,

I am sure I should be paid out by them just unsure what to do next.

Do I stand a chance to go to court to claim my lost item insured amount with interest? 

Any help would be greatly appreciated

Belinda-Ann

[dx100uk]

post spaced please dont post a complete block of text on a forum.

yes as you took out insurance with evri for the full amount, you stand a 100% chance of getting everything back + any court fess + costs.

type in evri and read a good 20+ threads

next stage is a letter of claim.

you should however now on only use royal mail.

dx

 

[babs71]

Wow that was a fast response many thanks dx100uk

I have been reading your site on Evri for a few days.

I have searched but cannot find a template for the |Letter of Claim can your help with this

 

 

[BankFodder]

There is no template. This is a self-help forum and you should start preparing your own letter of claim and post the draft here so we can have a look.

If you take responsibility for the things you will gain a lot more confidence and be much more in control.

Please post your letter of claim here.

One comment about my site team colleague' s post above – my site team colleague says that as you bought insurance your hundred percent chance of getting everything back.

The insurance is unlawful and unenforceable – it is contrary to section 57 of the consumer rights act – and in our view you would stand 100% chance of getting everything back anyway. Including your insurance premium.

 

[babs71]

Okay below is my draft letter. and advise would be greatly appreciated.

Quote

 

Attention: Claims Department

Evri parcel limited T/A evri

Capitol House

1 Capitol Close

Morley

LEEDS

LS27 0WH

 

Dear Sir/Madam,

 

Parcel reference number C00HHA0369837802 – claim reference number 230612-002293

Letter of Claim

 

 On 27 May 2023 I used your services to send a parcel containing a complete EAS air suspension unit for a Range Rover P38 with full insurance for loss or damage.

The parcel did not arrive at its intended destination and I was led to understand from yourselves that the parcel had been lost on the 15 June 2023.

Although you offer an insurance policy which in fact is prohibited under section 57 of the consumer rights act 2015, I decided to purchase the policy in order to facilitate matters in case you breached the delivery contract.
In the event you did breach the delivery contract by losing my property – as admitted by you.

I therefore claimed the value of the parcel at £469 plus the delivery fee with insurance cover of £22.81.

The reason you have given for refusing to compensate me is apparently that I am unable to provide a company name.
I am a private individual. I have never represented myself as anything else and I have no idea why you should imagine that I am trading as a company.
In any event, that issue is wholly relevant to the reimbursement of the value of my property because of your breach of contract.

I have provided you with full details of the financial transaction relating to the purchase of my lost item

I should point out that although you are offering an insurance policy as a device for excluding or limiting your liability, and that this insurance policy is a secondary contract within the meaning of section 72 of the consumer rights act, your insurance policy is also unregulated.

If I do not receive this sum of £491.81 in full within 14 days (12 September 2023), I shall issue a claim in the County Court and without any further notice.

 

Yours faithfully

 

 

Belinda-Ann Kennedy

 

as you will see, I have overhauled the letter quite substantially.

I'm afraid some of the matters you are referring to – such as losses or expenses incurred having to reorder an item are not recoverable and it is not worth going ahead because you and a victory to EVRi for absolutely no reason whatsoever.

I understand also that you may have sent the previous letter of claim which expired in August. Is this correct?

Also, you have told us that you are a private individual yet from your letter I understand that you are trading in car parts. Please will you explain

[babs71]

oh my word that is brilliant, many thanks

here is a copy of the email I send to evri claims on the 1/8/23

Good Afternoon, K Gallagher,

 

Do you have any proof of a conversation between you and the buyer that they were interested in buying the item, and an agreement on the price they would pay you?

 

The buyer was sent the invoice, he paid me via bank transfer.

 

Attached is an invoice with my bank details on it for *** to make a bank transfer.

Attached is Mr *** Bank transfer for the full invoice amount of £469 to the bank account on the invoice on the 15 May 2023.

Attached is communication via WhatsApp regarding his purchase of the valve block, pump and air dryer via bank transfer, and the ensuing loss of the package by you and the necessity for me to send out another complete unit to him.

 

Below are 3 links for each of the items included on the invoice paid by Mr ***, for the listings I usually sell my eBay platform

Here is my eBay account that I sell all my units on BKMIWAY

 

This is a forwarded copy of email communications between Mr *** and myself regarding him buying the Valve Block, pump and air dryer (PROOF OF CONVERSATION) with the invoice you already have attached to this email to him, so he could pay for the purchase.

 

With reference to your request that I show that he agreed to pay the price, please be advised that he made the bank transfer for the full amount on the invoice, which was the price and always has been my price for any of these units. In making the bank transfer, he agreed to this price as he paid it.

 

I trust you now have sufficient evidence that Mr ***, agreed to the price and paid me for the items.

 

I remain as ever in urgent anticipation of what you may next decide you wish to received to finally pay me out on the cost of my losses by Evri.

 

Yours Sincerely

***

 

yes I refurbish the air suspension parts for the Range Rover P38, valve block, pump and air dryer, they are all listed on eBay

[BankFodder]

So you are not acting as an individual. You are trading in car parts – even if it is part-time.

This may impact your consumer rights at some point – best to play it down and not mention it.

However just in case you are under any illusion, if you are selling things and making a profit from it then even though that may not be your day job, you are still acting as a trader for the purposes of consumer law.
I know that eBay tries to say that certain people aren't registered as traders and therefore their customers are entitled to consumer rights – but eBay I'm afraid doesn't know what they are talking about.

If you're happy with a suggested letter of claim above, then send it off but don't be under any illusion. It won't have any effect it simply a formal precursor to issuing the claim.

This means that on day 15 you will have to issue your claim. Register with the MoneyClaim website and start drafting your claim and post your particulars of here in draft fashion before you click it off.

Please confirm that this is the action you are taking

[babs71]

Hi BankFodder,

 

Thanks I am happy with your draft and will book a singed for collection by Royal Mail for tomorrow.

I will play down as per your suggestion my eBay part time selling thanks for the advise.

I already will registered with MoneyClaim I will copy and past the details here once done on the expected day 15

Questions

1. Address they are registered at companies house as EVRi PARCELNET LIMITED, should I be addressing it as thus.  EVRi PARCELNET LIMITED T/A Evri

2. Day 15 am I correct it will be 15 September 2023

 

[BankFodder]

You should post the draft particulars of claim before you click them off. Not after day 15.

Yes, it probably is 15 September if you send the letter of claim straightaway

[babs71]

okay thanks again for all your help

am I correct that you corrected the address to be Evri

 

[BankFodder]

No – it is automatically corrected.

The name for the claim is H ermes blah blah blah

[babs71]

okay great thanks

that's collection booked for tomorrow by Royal Mail sending letter first class signed for

[babs71]

Good Afternoon,

Tomorrow 12 September was my deadline on the letter of claim sent to Evri 30/08/23

2 were sent 1 signed for on the 1/9/23 by Director and the other 4/9/23 by claims department 

Not heard a peep from Evri

Am I issuing the claim tomorrow

Thanks again for your help

 

[BankFodder]

Yes, New claim should be issued tomorrow.

Have you prepared it and is it ready to go?

[babs71]

Hi Yes detail below

 

The defender (Evri) provided a courier service. The pursuer (Belinda-Ann Kennedy) used their service to transport a parcel containing a Range Rover P38 complete EAS air suspension unit value £469. The pursuer took out full insurance cover for the loss or damage of the parcel valuing £469 at the cost of £22.81 for the service and cover.

The defender lost the parcel.

The pursuer seeks the reimbursement of £469 plus £22.81 delivery fee plus interest pursuant to section 69 of the County Courts act 1984, the pursuer also claims from the defender all expenses of bringing this claim.

The claim is for the loss of fully insured the parcel and the carrier cost. 

 

[BankFodder]

I hadn't realised that this is a Scottish case.

Shouldn't make any difference to the result.

[babs71]

Hi I understood that the Scottish Courts did not have jurisdiction over a UK registered company, assumed I would have to make my claim in English courts

[BankFodder]

After 17 years of having run this forum, I really should know by now!
I think it depends on the address.

I think you have to have an address for service in England. Other than that, it doesn't matter.

@Andyorch

[babs71]

forgive me confused, my address is Scotland and Evri is England

I am sure I read somewhere that a Scottish Court could take a decision on a small claim against a company registered in England, that I would have to file the papers in England

 

[BankFodder]

I am probably more confused than you.

I have put a shout out to my site team colleague @Andyorch who will have the answer. He has explained it to me countless times and I'm afraid I still don't get it!

[dx100uk]

you can still use MCOL 

 

[babs71]

"In most cases, the court which will hear the claim will be the one within whose area the person the claim is to be made against (the respondent) lives or has a place of business."

okay great

is the write up okay for the claim

"The defender (Evri) provided a courier service. The pursuer (xxxx) used their service to transport a parcel containing a Range Rover P38 complete EAS air suspension unit value £469. The pursuer took out full insurance cover for the loss or damage of the parcel valuing £469 at the cost of £22.81 for the service and cover.

The defender lost the parcel.

The pursuer seeks the reimbursement of £469 plus £22.81 delivery fee plus interest pursuant to section 69 of the County Courts act 1984, the pursuer also claims from the defender all expenses of bringing this claim.

The claim is for the loss of fully insured the parcel and the carrier cost." 

Time line

27/5/23 - I booked the collection of my parcel ........ with full insurance cover of £469 for loss of damage. Parcel was collected by one of their agents and scanned on collection

15/6/23 - The parcel never received another scan following the collection, I contacted Evri to find the parcel. they admitted the couldn't find my parcel and to open a claim for loss, which I did, they advised it would take 28 working days to investigate

28/7/23 - Chased Evri as I hadn't heard back from them, they requested all sorts of proof and evidence, Invoice, bank transfer proof, communications with buyer, platform sold on. This was sold out side of the usual eBay platform hence I had an invoice for the buyer and provided screen shot of bank transfer from the buyer

31/7/23 - Evri rejected my claim as they said my invoice didn't have a company name to pose as legitimate, and closed my claim. I advised I was an individual and could proof I received the full payment from the buyer on the invoice via a bank transfer for the full amount, he even made a £1 payment initially to make sure the bank details where correct then the balance was transferred between bank accounts.

31/7/23 - Managed to call Evri help desk who reopened my claim and they subsequently contacted me via email again asking for evidence, I sent them my eBay listing as proof of where I usually sold my EAS units and their cost, bank statement, invoice and communications between the buyer and I, I have been ignored since this last email 

1/8/23 - Evri contacted me via email again asking for evidence of my usual platform and communications with my buyer, I sent them my eBay listing as proof of where I usually sold my EAS units and their cost, bank statement, invoice and communications between the buyer and I, I have been ignored since this last email 

14/8/23 - Chased for an update and resent all the evidence for my claim, ignored no response

30/8/23 - Chased via email again but ignored with no response to my claim for compensation, sent recoded letter of claim notice of legal action on the 12 September if my claim was not paid in full insured goods for £469.00 plus carrier costs of £22.81

 

[dx100uk]

thats your particulars of claim.

defendant or claimant - you dont use scottish terms,

the claim wont get transferred to the court of their choosing, as you are not a business.

[babs71]

Morning thanks for these messages and guidance 

If I wish to have the case heard in Scotland court near to me should I put this into the Scottish courts, I would rather have Evri travel to Scotland if they decide to actually go to court on this matter

Particulars of claim

are you happy with these or are there changes you suggest

Should I be changing defender to defendant 

Pursuer to Claimant

Hi Again, I just want to say how amazing you have all been, how can I pay for the service provided so far.

Should I attach the PDF of the MoneyClaim before I submit it ?

attached proof pre submission MoneyClaim

Would appreciate any feedback or changes before I submit today

Many thanks

 

Money Claims.pdf

[dx100uk]

put it up as text in msg here not as a pdf.so members can copy n paste