EBay/Packlink lost parcel £1300- Full claim achieved through packlink

[Jamesbeanie]

Hello everyone 

I recently found this site and used it to help me with my case.

Here is a brief break down of what happened 

- I sold something on eBay £1300

- sent it with no insurance via evri packlink 

- was emailed to say it was damaged. They will repackage it and send to the customer 

- another email saying it’s now deemed lost 

- after many emails between myself and evri I got nowhere.

Seems it was scanned into the warehouse and then disappeared when it was to be repackaged (I wonder who stole it).

I emailed the entire bored of directors in a massive complaint and got nowhere. 

- the reason I didn’t bother with packlink, they sent me £20 and said sorry and are based in Spain. 

-I used resolver.com to speak to evri as you are guaranteed a response 

- a month later with several back and fourths along the lines of, I’m going to small claims court, check your cctv, it was stolen, I don’t need insurance as this is now a theft ect still Nothing

-then one day I tried packlink again “who do I contact to raise a legal dispute” and just like that they offered me a one time settlement figure which was equal to my loss £1300  

im not sure if they just had enough of me or felt pressure from evri maybe but it can be done so persevere ! 

sorry if i missed anything  its been quite an ordeal, happy to answer any more detailed questions 

 

[BankFodder]

Please will you tell us what it is you sent and the dates.

Please start reading up lots of stories on the sub forum and I do mean an awful lot.

It's probably going to take you at least a day or so to get through some of the reading and also to understand the principles .

Standby for a further reply later on

 

[Jamesbeanie]

I sent A LOT let me compose something more detailed. Are you looking for anything specific ? 

[BankFodder]

Yes I want a complete list in bullet pointed fashion together with values.

 

[Jamesbeanie]

Are you going through a claim ?

I came here just to help people and to be honest your lack of please or thank you’s is not appreciated.

if you’d like me to spend an hour building out this data for you, please be more appreciative 

[BankFodder]

Yes I hadn't read your post thoroughly enough. I didn't realise that you had been paid out.

Well done.

Obviously – ignore my requests.

However, for others who visit this thread, this is a highly unusual result.

[Nicky Boy]

Hi James,

Many thanks for posting your success.

As BF said, this is highly unusual.

(He's also very busy on the forum and obviously "skim read" your original post.)

Could you help us a bit with a bit more info?

2 hours ago, Jamesbeanie said:

-then one day I tried packlink again “who do I contact to raise a legal dispute” and just like that they offered me a one time settlement figure which was equal to my loss £1300

It would be interesting to see exactly what you sent packlink.

Could you possibly upload it please?

 

[Jamesbeanie]

Hey 

yes I’ll build out a better time line for you of the emails

[Jamesbeanie]

Hello,

I am so sorry for the long delay. 
 

PL gave me a full refund. I don’t really have to pursue them very hard. This is what they sent me on the final email. And the email I sent them to get this response. 
 

I have also reported evri to the police and the police actually visited their hub and spoke to the manager but was as far as we could take. Now I have my refund I am still considering taking evri to small claims court as they have been terrible. 
 

I emailed the CEO (email doesn’t work) I also emailed almost every manager and senior person at evri in one large email. So maybe they gave PL the nudge. 
 

I’m sorry it doesn’t let me post an image here but this is what I sent to pack link management 

Quote

 

“Hi Daisy,

I'll be taking legal action against this as I lost £2000 worth of product and it was stolen by evri. Do I claim against you or evri ?”

 

This was their response “

Quote

 

Santiago (Packlink eBay)

Oct 28, 2023, 09:14 GMT+2

My name is Santiago. As the Customer Service Team Leader, 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 apologise for the circumstances which 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.

Let me take this opportunity to thank you for your complaint and for raising your points of dissatisfaction in relation to your recent order. Let me reassure you that your disappointment with the purchased shipping services via our platform is of great concern to me and I wish to communicate to you that this e-mail demonstrates how we value you as a customer.

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 protection 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, for that reason we will defend your case 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 remaining value of the item (1294GBP) 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,
 

Santiago
CS - Team Leader
eBay Delivery powered by Packlink“

 

 

This was the email he contacted me on

[email protected]

As for evri I used revolver to get any response.

even after the police attended their hub, they still give me generic email responses, but these are the emails for the executive office, they handle major complaints that go through the exec team.

[email protected]
 

seems they still use EVRi emails ! 
 

let me know if you have any more q’s ! 

[BankFodder]

Thank you for this very helpful description of how you got your money back. An extremely unusual story. Congratulations to you but people shouldn't rely on it.

I notice all the stuff about compensation and about not being liable for anything and also needing insurance.

Don't forget that they are based in Spain although I believe that the law relating to exclusion of liability is exactly the same as here in UK. However it is almost impossible to proceed against a Spanish domiciled company from the UK and we would recommend everybody to sue the parcel delivery company directly relying on your third-party rights under the Contracts (Rights of Third Parties) Act 1999.

Great result though!

[Jamesbeanie]

I totally agree, I had given up to be honest. I probably was on email 50 with PL and 150 with Evri. 
All of my emails before did not mention any legal terms, just asking they be very understanding. 
They had actually already given me the standard £20 compensation and closed the case. 

Do you think I should still pursue small claims against Evri ? Purely as they have been the worst in all of this, although PL compensated me, should Evri also ?

[BankFodder]

You can only go after EVRi if you can identify some losses. It seems to me that all of your losses have been made good and you aren't out of pocket at. Is that correct?

I'm afraid that you aren't able to claim for time or inconvenience or stress.

This is the game that EVRi plays. They cause as much difficulty as they can in order to obstruct and obfuscate people with their legitimate claims in order to discourage less persistent customers.
EVRi children – Georgie Libby and Judy are the gophers for them. They know exactly what they are doing because they have been down this road many times but they get paid for it.

Even the Which magazine and their consumer expert lawyer agrees with us now that you don't need the insurance because section 57 and section 72 of the consumer rights act make it unlawful to exclude or limit liability for poor quality service – which seems to be what people are getting very often from EVRi

[Jamesbeanie]

Hmmm maybe I should just take the compensation and walk away. I’m still just so angry with what they did and what they put me through. it’s quite evident and even they said it but my items disappeared once inside of the hub. This is what I found so astonishing once it was inside the hub they opened it to repackage it and then it went missing at that point. Disgusting

[BankFodder]

Have you not receive the compensation yet?

And what you mean that they opened the item to repackage it?

[BankFodder]

Also, have you been fully reimbursed for everything or are you out of pocket at all

[BankFodder]

It would be very helpful if you could tell us more about this repackaging. This might give you a cause of action to make a small claim for some extra compensation

[Jamesbeanie]

Quote

Over a lot of back-and-forth and then telling me the item has lost. It was damaged, all different excuses. It turned out. They actually gave me a written log of what happened to the parcel. Turns out it was damaged at some point en route to the hub once in the hub, apparently it’s standard practice for them to open your package, repackage it into evri packaging. Now they also state if it is too damaged for them to repackage, all the items might be damaged bad. They will contact you and ask if you’d like them still sent to the buyer or return back to yourself the sender. In my case, neither of these happened, turns out the log states that it entered the hub damaged. Once it was opened to be repackaged into different packaging. It disappeared and was never scanned back into the system, so I automatically played the theft card to them. They showed me they check CCTV and they couldn’t see anything out of the ordinary, but they could not track my parcel but it did go missing within their hub so not en route or anything anything like. I think they may have messed up by telling me that.

Over a lot of back-and-forth and then telling me the item has lost. It was damaged, all different excuses.

It turned out. They actually gave me a written log of what happened to the parcel. Turns out it was damaged at some point en route to the hub once in the hub, apparently it’s standard practice for them to open your package, repackage it into evri packaging.

Now they also state if it is too damaged for them to repackage, all the items might be damaged bad.

They will contact you and ask if you’d like them still sent to the buyer or return back to yourself the sender. In my case, neither of these happened, turns out the log states that it entered the hub damaged.

Once it was opened to be repackaged into different packaging. It disappeared and was never scanned back into the system, so I automatically played the theft card to them.

They showed me they check CCTV and they couldn’t see anything out of the ordinary, but they could not track my parcel but it did go missing within their hub so not en route or anything anything like.

I think they may have messed up by telling me that.

Edited December 15, 2023 by BankFodder
Restructured in order to make it readable

[BankFodder]

Thanks for this.
First of all, please can you avoid posting in solid blocks of text. It's very difficult for people to follow especially on small screen such as telephones.

Could you post up the log that you received here please in PDF format.

I think you have the basis of an action for the Tort of Conversion which could be worth between £100 and £200 – but anyway might give you the satisfaction that you are looking for in addition to delivering a bit of a slap and a lesson to EVRi.
Let us know if this interests you