Packlink/EVRi-phone stolen from envelope and replaced with sweets

[Clueless at Legal]

I sold a phone on eBay worth around £650 and I stupidly sent it with evri via packlink and did not purchase insurance, I thought that as it was tracked that would be enough. I packaged the boxed phone in two padded envelopes and dropped off at local Tesco to be collected by courier on 10th August. Between then and delivery to my buyer (12th aug) the phone was stolen and replaced with a bag of sweets. It definitely was not the buyer as the confirmed delivery image showed a much flatter package than mine had been.

I contacted eBay who advised me to contact evri, I contacted evri who advised (through automated systems) to contact packlink. I contacted packlink explained the situation then had a reply to say it's not lost, it has been delivered. I replied and said no, if you read my emails you will see a bag of sweets was delivered not a phone. It was stolen mid way. I then heard nothing for couple of days until I got a notification from packlink that the case had been resolved. I then sent further emails to say no it was not resolved and what was going on and was met with silence from packlink. I went back to eBay who advised I got to Tesco to get a number for evri from them and then go to police.

I did that, Tesco initially refused to give me the number and said they didn't have one, until I then asked so how do you report issues when your evri device breaks. They gave me their number which is the business number but I was informed customer services was closed. I then went to the police station and they said they could not investigate and that I had to take it up with evri and it would be up to evri to report it.

Next day I call evri and after a bit of a shouting match finally get through to customer services at which point they refuse to deal with me as I have to speak to packlink not them, further shouting match ensues (all recorded which I made them aware of). Eventually Evri agrees to investigate with depot but can only get compensation through packlink. They also claim not to have a contact number for packlink as packlink contacts them not the other way around. So I go back to eBay who direct me to live chat with packlink and then I am informed by packlink that no the case is not closed and it has been escalated and is being investigated and I will be updated later. 

I then get sent a form for buyer to complete to say item is missing and they have checked with neighbours etc and it's not with them, which I return and say it's incorrect form as item not missing, an item was delivered but it was not the item sent. They send correct form, buyer completes it, I return it (18th August). I then hear nothing and I keep sending emails, can I get an update etc. Go back on live chats and get told again you will get an update. Update never happens.

Finally this week I get a reply asking me to complete the same form I had already done and they said the other is incomplete it doesn't include the buyers name. Buyer had written it by signature instead of at the top of page. So resubmit form correctly and ask for confirmation form received. Which they send. I should also mention that during this time evri email to say "I have investigated your parcel and I believe this matches similar fraudulent activity if parcels that do not contain the expected item. I request that you contact the sender/shipper for more information.".

Next thing I get is a standard email from packlink that I wil be reimbursed £25 for goods compensations and £3.27+vat for postage. 

I send another email to packlink to say this is totally unacceptable etc, I have been defrauded and I expect full compensation. I get no reply so I send another email to packlink copying CEO of evri, the evri support email that I had email from, a couple of MPs and BBC news and evening standard stating similar thing again, fraudulent activity, quote consumer rights no reasonable care or skill quite Evri's annual report back at them that states revenue is down a bit due to low customer confidence.

I then get email from packlink today to say please accept compensation for full amount (£100) as a gesture of goodwill and they quote their terms and conditions 14.a and say that any further claim against them will result in no compensation at all. So I was about to respond and thank them for sending the details of clause 14.a but as 14.b states this does not exclude their liability if an employee/subcontractor has acted fraudulently, then my brother directed me here so I thought I should check things out with you before sending. 

 

Sorry for the looong message!

 

docs+emails.pdf

[Nicky Boy]

Clueless,

Users with mobiles will lose the will to live, trying to read all this on a small screen.

Could you please post again with basic bullet point facts, no narrative.

It will certainly encourage the experts to read your post...

[Clueless at Legal]

I sold phone on ebay

sent via evri via packlink, no insurance

Packaged well and dropped off on 10th August. By 12th aug phone stolen from envelope, replaced with sweets.

contacted eBay, said contact evri.

contacted evri, said contact packlink.

contacted packlink explained the situation, they say it's delivered, I say no it's not. 

Couple days later got a notification from packlink the case resolved. Replied no not resolved and what was going on, met with silence from packlink.

Went back to eBay advised I got to Tesco get number for evri, then go to police. Got number for evri but police said evri need to investigate not them.

Called evri, initially refused to put me through to customer services, need to speak to packlink etc, got put through eventually Evri agrees to investigate with depot but can only get compensation through packlink.

Evri says no contact number for packlink go back to emails. 

eBay's directs me to live chat with packlink and then told no, case is not closed it's been escalated and is being investigated and I will be updated later. 

Sent a form for buyer to complete to say item is missing, which I return and say it's incorrect form as item not missing, an item was delivered but it was not the item sent.

They send correct form, buyer completes it, I return it (18th August).

I then hear nothing, keep sending emails, can I get an update etc. Go back on live chats and get told again you will get an update. Update never happens. Finally get a reply asking me to complete the same form I had already done as other is incomplete.

I resubmit form and ask for confirmation form received they acknowledge.

Also got message in August from evri "I have investigated your parcel and I believe this matches similar fraudulent activity of parcels that do not contain the expected item. I request that you contact the sender/shipper for more information.".

Next thing I get is a standard email from packlink,I will be reimbursed £25 for goods compensations and £3.27+vat for postage. 

Send another email to packlink to say totally unacceptable etc, get no reply so I send another email to packlink copying CEO of evri, the evri support email, a couple of MPs and BBC news and evening standard stating similar thing again, fraudulent activity, quote consumer rights no reasonable care or skill quote Evri's annual report back at them etc..

Got email from packlink today to say please accept compensation for full amount (£100) gesture of goodwill and they quote their terms and conditions 14.a and say that any further claim against them will result in no compensation at all. About to respond quoting clause 14.b.

[BankFodder]

Still trying to understand the story.

You sold the phone – how much are you selling for?
Was the phone correctly identified when you sent it off for delivery?
Was the value correctly identified?
I understand that you didn't get their so-called insurance.

Later on you say that Packlink have offered you compensation for the full amount – £100. If this is the full amount then is there anything else you are after?
You refer to Tesco – but I'm not sure what they have got to do with it.
You say that you dispatch the telephone but the recipient simply received the same packet but containing sweets.
Do you have any photographs?
Do you know the weight of the parcel which was received?
Where is the parcel containing sweets now?

Please spend lots of time reading the stories on the sub- forum so that you understand all the principles.
You will probably have to have EVRi and they will try to counter with the fact that you didn't have a contract directly with them and also that you didn't purchase insurance.

We can deal with both these questions. Please make sure you do all the reading. I mean lots of reading – and please answer the questions I put to you above

[Clueless at Legal]

I sold the phone for £650 on eBay. 

Yes the phone was correctly identified.

Yes the value was correctly identified.

Packlink used the wording 'full amount', they were well aware it was £650 though as it had been discussed in previous conversations when making the claim.

Tesco is where I took the parcel to be collected by Evri, the label was bought through packlink though. 

Yes the recipient received the same envelope with the same label but clearly tampered with as there was brown tape used I only used clear. I have photos of what they received, I do not have photos of the package before I sent it. 

I don't know if the recipient still has the packet, it was over a month ago now. 

I don't know the weight of the parcel that was received but it was a packet of m&s Percy pigs so a little more than they weigh. 

I have read through one of the threads. I have attached recent emails and a draft I was about to send in my first message. Would you recommend sending it?

Dear Azahar,

Thank you for your reply and your offer of £100 compensation for the 'full amount', this is not the full amount though as the value of the phone is £650, and therefore I will not be accepting this, nor your statement that "With this settlement letter, all future legal obligations against us are satisfied." 

I appreciate that you have addressed my concerns to the Escalation team, though I would hardly call the theft of my item whilst in the care of Evri a 'shipping incident'. It is a criminal act and should be recognised as such. 

It was kind of you to take the time to highlight eBay Delivery Powered by Packlink Terms and Conditions Clause 14a, however I would direct you to section 14.a.(b) highlighted below.

(b) Nothing in the Conditions shall limit or exclude Packlink’s liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors, or for fraud, fraudulent misrepresentation or for any other matter for which it is unlawful to exclude or limit liability.

It is my understanding and that of my solicitor, that this does not exclude your liability if one of the employees has acted fraudulently. Therefore as the phone has been stolen by someone working for your subcontractors the company is liable and should pay the full amount.

I would also remind you of how stressful this experience has been particularly in my struggle to communicate with both Packlink and Evri, resulting in a lack of sleep and subsequently exacerbated symptoms I experience due to Multiple Sclerosis.

If I do not receive compensation for the full amount (£650) then I may instigate legal action to recover the costs and inform trading standards that you are not adhering to your own terms.

Yours Sincerely

[BankFodder]

Remove the part of the letter which refers to lack of sleep and its effects on you.
It's irrelevant and they don't care anyway.

Keep it businesslike.

Once you have amended the letter, then send it.

You say that you have read a single thread. This is not nearly enough. You should be reading at least 20 and maybe more. It is important that you understand the principles involved because that will give you confidence in what you're doing. It will make it easier for us to help you and easier for you to get your money back.

Do the reading.

Prepare a letter of claim which you will probably send off in about 10 days time. Let us know if you get any response to your initial letter of complaint.
Post a draft of your letter of claim here so we can check it before it is sent off.

Do the reading – this is not a joke

 

[Clueless at Legal]

So I sent my email last night and I have had the response below this morning. Do you have any advice on how to word my reply?

Dear  Catherine,
 
First of all, I want to apologise for any inconvenience caused to you and your buyer in regard to the delivery of your parcel GB20
 
We truly value you as a customer and understand how frustrating it is for the parcel not to be delivered.
 
Please note that I am not able to offer a refund of the full value of the item because you did not purchase any enhanced compensation and therefore, you are only entitled to standard compensation.
 
As I appreciate that the goods were valuable I am willing to offer 200.00GBP on top of the 25GBP that you were entitled to
 
In order to do so we require a full copy of the refund you issued to your buyer. Please, provide a full copy of the bank transfer or PayPal payment, date included, in order to close the claim.
 
Upon receipt of the same, we will gladly review alternative options.
 
I hope that you accept this new offer.
 
Alternatively, please let me know so that I can send you or legal address.
 
We regret the inconvenience caused to you.
 
Thanks for your cooperation.
 
 Kind regards,

Azahar

[BankFodder]

Very interesting that they are already offering you £200 to go away.

They are robviously getting a bit worried.

Draft your letter of claim and post it up here for us to check

[Clueless at Legal]

How does this sound?

 

Quote

 

EVRi Parcel Net Limited trading as Evri                                                                                    

Capitol House                                                                                                                                   

1 Capitol Close                                                                                                                                  

Morley                                                                                                                                                 

Leeds

West Yorkshire

LS27 0WH

 

CC: Packlink, owned by Auctane, S.L.U.

Calle Amaltea, 9, 28045 Madrid, Spain

 

Wednesday, 13^th September 2023

 

LETTER OF CLAIM

 

Tracking Reference Number: H0067A0205745562

Shipping Reference Number: GB2023EBAY0049799010

Packlink Ticket Reference Number: 14827278

 

Dear Sir/Madam,

 

On Thursday, 10^th August 2023 at 12:36pm I used Packlink and Evri services to deliver a Google Pixel 7 Pro GP4BC – 128GB – Unlocked – Hazel Mobile Phone to a buyer who purchased the phone through www.ebay.co.uk. The drop off point used was located in Tesco Express, 22-25 Bedford St, London WC2E 9EQ.

On Saturday, 12^th August 2023 at 11:57am, the parcel was delivered to the recipient, but it had been tampered with and instead of a phone it contained a packet of sweets. The sweets were in the same packaging I used to send the phone and it was the same label provided by Packlink, but the package had clearly been tampered with.

I have photographs of the package is received.

I immediately initiated contact with Evri and Packlink to investigate the theft of my property whilst in the care of their courier, but I have struggled with communication with Packlink since this date and often had to chase for responses.

Clearly the contents of the parcel was stolen while in the care of yourselves. I am therefore pursuing you  for the full amount of costs. Under the Contracts (Rights of Third Parties) Act 1999 I am entitled to do so and hold you liable for the theft of my property: Google Pixel 7 Pro GP4BC – 128GB – Unlocked – Hazel Mobile Phone.

 

 Sold value of Google Pixel 7 Pro GP4BC – 128GB – Unlocked – Hazel Mobile Phone: £650.

(This amount also includes the transaction fee of £84.00 from eBay).

 

Postage to deliver Google Pixel 7 Pro GP4BC – 128GB – Unlocked – Hazel Mobile Phone to buyer via Evri: £3.93

 

As I have already received the refund of £3.93 the remaining amount owed is £650.

 

As you have failed to reimburse me for the full amount, I hereby inform you that I will be commencing a county court claim against yourselves 14 days from the date of this letter if I have not received a full reimbursement for the total amount. No further notice will be given to you.

 

Your Sincerely.

 

 

 

Edited September 13, 2023 by BankFodder
edits in red

[BankFodder]

I have suggested some edits in red and also I have removed references to Packlink. No need to mention them now. They have nothing to do with it although you can be certain that EVRi. Bleating on about the fact that you don't have any contract directly with them.

Have a look at my suggestions. Post up your final version here.

[Clueless at Legal]

Please see below final draft with your edits including additional detail of message from EVRi where they said they believed my situation matched similar fraudulent activity etc. I have also literally just received £25 from packlink so I have included that too.

Quote

 

EVRi Parcel Net Limited trading as EVRi 

Capitol House                                                                                                                                   

1 Capitol Close                                                                                                                                  

Morley                                                                                                                                                 

Leeds

West Yorkshire

LS27 0WH

 

CC: Packlink, owned by Auctane, S.L.U.

Calle Amaltea, 9, 28045 Madrid, Spain

 

Wednesday, 13th September 2023

 

LETTER OF CLAIM

 

Tracking Reference Number: H0067A0205745562

Shipping Reference Number: GB2023EBAY0049799010

 

Dear Sir/Madam,

 

On Thursday, 10th August 2023 at 12:36pm I used Evri services to deliver a Google Pixel 7 Pro GP4BC – 128GB – Unlocked – Hazel Mobile Phone to a buyer who purchased the phone through www.ebay.co.uk. The drop off point used was located in Tesco Express, 22-25 Bedford St, London WC2E 9EQ.

 

On Saturday, 12th August 2023 at 11:57am, the parcel was delivered to the recipient, but it had been tampered with and instead of a phone it contained a packet of sweets. The sweets were in the same packaging I used to send the phone and it was the same label provided by Packlink, but the package had clearly been tampered with.

 

I have photographs of the package as received.

 

I immediately initiated contact with EVRi  to investigate the theft of my property whilst in the care of their courier. On Saturday 19th August 2023 I received an update from EVRi confirming their belief that my situation matched similar fraudulent activity of parcels that do not contain the expected item.

 

Clearly the contents of the parcel was stolen while in the care of yourselves. I am therefore pursuing you for the full amount of costs, less those already refunded unilaterally to me from Packlink. Under the Contracts (Rights of Third Parties) Act 1999 I am entitled to do so and hold you liable for the theft of my property: Google Pixel 7 Pro GP4BC – 128GB – Unlocked – Hazel Mobile Phone.

 

 Sold value of Google Pixel 7 Pro GP4BC – 128GB – Unlocked – Hazel Mobile Phone: £650.

(This amount also includes the transaction fee of £84.00 from eBay).

 

Postage to deliver Google Pixel 7 Pro GP4BC – 128GB – Unlocked – Hazel Mobile Phone to buyer via Evri: £3.93

 

As I have already received a refund of £3.93 for postage and £25.00 compensation from Packlink the remaining amount owed is £625.

 

As you have failed to reimburse me for the full amount, I hereby inform you that I will be commencing a county court claim against yourselves 14 days from the date of this letter if I have not received a full reimbursement for the total amount. No further notice will be given to you.

 

 

Your Sincerely.

 

 

Edited September 13, 2023 by BankFodder
edits in red

[BankFodder]

Further edit in red.  It's fine.  Ready to go

[Clueless at Legal]

Thank you!

[Clueless at Legal]

Just getting my particulars of claim ready. How is the below?

Particulars of Claim

Item Declared: Google Pixel 7 Pro GP4BC, 128GB, Unlocked, Hazel.

Sold Value of item: £650

The claimant used the defendants courier service to deliver an item to the value of £650 to an address in the UK.

EVRi Parcel reference number: H0067A0205745562

The claimants parcel appears to have been the subject of a theft as it was removed from the packaging and replaced with a bag of sweets, which was what the recipient of the parcel received.

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.

The claimant is relying upon their rights of third parties under the Contracts (Rights of Third Parties) Act 1999 as I am entitled to do so and hold the defendant liable for the theft of my property - Google Pixel 7 Pro GP4BC, 128GB, Unlocked, Hazel.

The claimant seeks the sold value of the stolen item, £650, less £25, compensation paid unilaterally by Packlink.

Edited September 17, 2023 by Clueless at Legal

[BankFodder]

Stand By for a response later on this afternoon

[Clueless at Legal]

No rush. I sent the letter of claim on Thursday so still time before 14 days are up. Thank you!

[BankFodder]

8 hours ago, Clueless at Legal said:

 

Particulars of Claim

 

The claimant used the defendants courier service to deliver an item to the value of £650 to an address in the UK.

EVRi Parcel reference number: H0067A0205745562

The claimants parcel appears to have been the subject of a theft as it was removed from the packaging and replaced with a bag of sweets, which was what the recipient of the parcel received.

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.

The claimant is relying upon their rights of third parties under the Contracts (Rights of Third Parties) Act 1999 as I am entitled to do so and hold the defendant liable for the theft of my property - Google Pixel 7 Pro GP4BC, 128GB, Unlocked, Hazel.

Furthermore, the defendant by the terms and conditions attempts to limit their liability in the case of lost, damaged, or stolen items which they have undertaken to deliver – in breach of section 57 of the consumer rights act.
Additionally, the defendant offers to extend their liability by means of a secondary contract of insurance and which is contrary to section 72 of the consumer rights act 2015.
Item Declared: Google Pixel 7 Pro GP4BC, 128GB, Unlocked, Hazel.

Sold Value of item: £650

The claimant seeks the sold value of the stolen item, £650, less £25, compensation paid unilaterally by Packlink.

I have change the order and made a couple of suggested additions relating to the insurance requirement.

The insurance requirement is bound to come up if this matter goes to trial.

It may even come up at mediation. However, we very strongly suggest that this is not suitable for mediation and you should decline it.

 

[Clueless at Legal]

Thank you, that's really helpful. 

[stephen81]

Apologies in advance if I'm being daft, but is this paragraph confusing third party, first party terminology? 

The claimant is relying upon their rights of third parties under the Contracts (Rights of Third Parties) Act 1999 as I am entitled to do so and hold the defendant liable for the theft of my property - Google Pixel 7 Pro GP4BC, 128GB, Unlocked, Hazel.

Should it be more like this? 

The claimant is relying upon their rights of third parties under the Contracts (Rights of Third Parties) Act 1999 as they are entitled to do so and hold the defendant liable for the theft of their property - Google Pixel 7 Pro GP4BC, 128GB, Unlocked, Hazel.

 

[BankFodder]

Why is it the defendant's property which has been stolen?

Surely you are claiming for the theft of your property

[Clueless at Legal]

I am claiming for the theft of my property, yes.

Stephen81 is right grammatically, if I have started in the third person as 'the claimant' then they and their is the correct way of referring to the claimant to continue as the paragraph.

I could rephrase to say:

As the claimant I am relying upon my rights of third parties under the Contracts (Rights of Third Parties) Act 1999 as I am entitled to do so and hold the defendant liable for the theft of my property - Google Pixel 7 Pro GP4BC, 128GB, Unlocked, Hazel.

 

 

 

[BankFodder]

I think the meaning is clear.

If you use "their" then it produces an ambiguity and could easily be taken to refer to the defendant's property.

Just leave it as it is. Everybody will understand. Let's not start getting into awkward semantics

[Clueless at Legal]

Ok thanks 

[Clueless at Legal]

I am slightly stunned to just receive the below. I had emailed them back last week to copy them into the letter of claim to evri. Do I now need to contact EVRi again to say it is settled?

 

Dear xxxxx
 
As the customer service supervisor, I respond to complaints on behalf of Packlink's Customer Service Director and Chief Executive Officer.
 
On behalf of Packlink, I would like to sincerely apologize for the circumstances that caused you to submit this loss claim for your parcel, but above everything, I am truly sorry for the frustration we have caused you in dealing with this matter.
 
 
We fully appreciate the loss you have incurred with your parcel, wish to provide you with the clarity you seek and reassure you that we value you as a customer. Your shipping experience is of great concern to me.
 
The overlooking and especially the mishandling of your case is something which I have addressed to the Escalations team of the contracted carrier of your order. I do not wish for there to be a repeat incident- however, shipping incidents can happen from time to time.
 
Unfortunately, no enhanced insurance was purchased so you would only be liable for standard compensation.
 
This is clearly stated in our eBay Delivery Powered by Packlink Terms and Conditions Clause 14a Packlink’s liability (whether in contract, tort, negligence or otherwise and howsoever arising) for the loss, theft or damage to any Goods and/or any other matter under or in connection with these Conditions shall, unless the User has chosen enhanced compensation cover as set out in Section 15 (b) be limited to £25.00 for all EVRi, Yodel and InPost delivery services (twenty five GBP), and to £60.00 for UPS, DPD and DHL delivery services (sixty GBP), whereas EVRi Postable service does not include standard compensation. Packlink shall under no circumstances be liable to the User, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or indirect or consequential loss.
 
The main objective of the Customer Service team is to solve the problems encountered by the user during the transport process, from our experience, we know that not all users spend the necessary time to read the conditions, and for that reason we will defend your case by arguing ignorance on your part.
 
Please confirm that you have read the information we have previously sent you and that you understand it, once you confirm that you have no doubts about these conditions, we will proceed to issue a payment for the full value of the item (625.00 GBP) as a gesture of goodwill.
 
Please note that should you make any further claims against Packlink, we will only be able to meet those claims within the limits detailed in the terms of service, which you confirm that you have read and understood.
 
For future reference, make sure to purchase enhanced compensation if the content value is above the standard compensation of the carrier you chose, as if you submit another claim without this insurance you will only be liable for standard compensation according to the carrier you chose to carry on the service.
 
Please confirm if you are willing to accept this goodwill gesture and the instructions above are understood as this goodwill gesture will only take place this one time.
 
Kind regards,

Azahar

Customer Service Supervisor
eBay Delivery powered by Packlink

[BankFodder]

Yes it looks as if they are offering you your money. Does the offer fully satisfy the money you have lost or is there anything else?