Sold Ebay £380 PS5 - posted next day using EVRI via packlink - my parcel label had been moved onto another with diff contents upon arrival.

[Canyon1994]

Good evening.

Firstly just wanted to say I am so grateful to of come across this forum and this is my first post here. I have never dealt with a legal issue like this before and so I am trying to educate myself pretty rapidly but the community here is going to be vital in me getting any sort of refund from EVRI for this issue. Ill keep the post short, what I believe are the key details are posted below.

On 4th November I sold a PS5 via eBay for £380 + £6.14 postage

On 8th November at 8:56pm I bought postage via eBay Packlink for Evri's next day delivery, print in store postal service with standard £20 compensation (no further insurance). After purchasing I drove to my local Sainsburys, purchased brown parcel tape and paper to wrap the PS5 in the car park before driving to my local EVRI drop off site which is a small news agents, I parked on a main road and carried the parcel into the shop, printed the label, they scanned it, I left the shop all by 9:30pm I'd guess.

The reason for the detail here is I believe you can see the PS5 box whilst im in the Sainsburys car park wrapping it on CCTV. I also believe I can be seen walking down the street into the local store with the box on CCTV.

On 10th November the buyer messages me with photos of the item that's been delivered and you guessed it, it's not the item which I posted, nor is the item received even in the packaging which I posted it in. I ask the buyer to provide me with a picture of the delivery label, sure enough its the label I purchased. I then check the EVRI app and the delivery driver has put a picture of the item being delivered to the buyers doorstep.... the picture shows it was the incorrect package.

so... as far as I am aware I may need to prove there has been a criminal offence occur between the parcel being collected from my local store and being delivered to the buyer. I need to prove the parcel I left isn't the parcel that got delivered and on doing this the issue of "insurance" is a non starter because criminality wouldn't be expected as loss or theft from someone unrelated to EVRI may be? please correct me if I'm wrong.

So where do I start?

well tomorrow morning I will be visiting the EVRI store and the sainsburys to ask if CCTV can be provided of my transiting around with the PS5 both wrapped and unwrapped. What else do I need to do in the first instance would you say?

Should I refund the buyer out of good will as I feel terrible he is out of pocket as I am but with absolutely no part other then simply buying an item and so close to Christmas I can't help but feel people this time of year need that money.. as do I.

Thanks for reading hoping I can be as successful as many others appear to of been with the great advice provided on this forum.

[dx100uk]

ah yea old parcel label swap scam to steal the contents.

 

 

 

 

[BankFodder]

First of all you must refund the purchaser. I don't know if this was a one-off sale by you – but particularly if you are an eBay trader then you have a legal duty to provide the item or to reimburse.

Please will you confirm that you have reimbursed the purchaser. You should be aware anyway that if the purchaser raises a challenge to eBay that they will find against you and it would look much better for you if you are somebody who takes the initiative as a customer-facing seller rather than somebody has to be forced into giving refunds.

Secondly, start reading lots of the threads on this sub- forum so that you understand how your claim will go and the principles involved. You should be spending a lot of time reading these probably a couple of days.

Apart from anything else that will give you confidence about what you are going to do. Don't forget that this is a self-help forum and although we will guide you through, you have to engage with us completely.

If you can get these proofs then that will be helpful but it won't be absolutely necessary.

What was the item which was eventually delivered? His only difference in the weights between the item you sent and the item which was delivered?

Did you get insurance?
Was the item correctly declared?
What the value of it correctly declared?

Was this done through Packlink or done directly through EVRi?

Have you begun a complaint to EVRi already? What have you said and what have they said in response.

Please do the reading

[Canyon1994]

Good morning.

I have been reading a number of topics already including the two posted in this thread by dx100uk.

To answer your questions BannkFodder

The buyer received a long length of plastic by the looks of it possible something from a car? The box indicates it is car parts but neither of us really know what it is. It is well packaged though.

I purchased the proof of delivery option which included £25 standard compensation & proof of delivery which consists of a picture of the shipment in the recipients door upon delivery. I have the photo of the item at the recipients door and its not the parcel which I sent.

The item was correctly declared, I was not asked to declare a value for the item the ebay listing sold for £380 + 6.14 postage.

Yes this item was posted via packlink.

Yes I have tried to call EVRI but I am unable to get through and talk to an actual human being. I have now written to the CEO of the company and expressed my concerns and suggested how I think this can be resolved. I have pasted the email I sent below. I haven't had a response as of yet.

 

Dear Martijn Delange,

 

I am writing to you to inform you of an issue which has occurred with EVRI delivery service which I paid for on the 8th November 2023. The parcel which I posted locally using the EVRI drop off service has been lost, a different parcel containing different contents was delivered to the desired recipient on 10th November 2023.

The contents of the parcel which I sent was a Sony Playstation 5 console however the recipient received a different package containing a piece of plastic which is in no way associated to a playstation 5. 

 

I am writing to you to request a resolution to this matter without the need for further action. I am seeking a refund of £386.14 which would cover the value of the Sony Playstation 5 at £380 and a refund of £6.14 for courier services provided by EVRI.

 

Please do respond to my correspondence at the earliest opportunity, Failure to respond will result in the issuing of a letter of claim and the formal filing of a police report as I believe a criminal act has been committed by an EVRI employee on this occasion.

 

Thanks for your time and I await your response.

 

Daniel Stevens

 

Thanks.

[BankFodder]

You haven't told us the date of this letter .

Have you written to Packlink?

Have you reimbursed the purchaser?

Do you routinely sell things on eBay or was this a one off?

 

 

[Canyon1994]

Thanks for your reply. sorry I missed some points.

 

The email which I have sent to the CEO was dated 11/11/23. I have not sent a written letter is it advisable to do this as well as the email?

I am yet to contact Packlink, I assumed because they're a comparison service they would not be liable and my case would be with EVRI. Based on your comment I will make contact with Packlink today.

Yes I have issued a full refund to the purchaser.

I sell on eBay occasionally and never as a retailer. I have made 38 sales this year all with 100% positive feedback until the occurrence on 10/11/23

I should also add that the EVRI parcel reference number was included in the subject line of the email to the CEO this morning.

[BankFodder]

You are asking questions which show that you haven't done the reading.

 

Please do the reading and stand by for a reply later on

[BankFodder]

Hopefully you will have done lots of reading by now and so you understand that the problem with paying from packlink is that they are domiciled in Spain and so therefore almost impossible to bring a court claim against if they decide to decline liability – which they probably will.
However there have been a few cases where Packlink have paid up so you should write at least one letter of complaint to them and claim the reimbursement.
At the same time and in parallel you should write a letter to EVRi on exactly the same basis.

You will be claiming as a consumer but you should understand that if you have a 38 sales this year then effectively you are a trader within the meaning of the consumer rights act. Being a trader doesn't mean that you do it full time. But it does mean that you are doing it to turn over profit rather than simply selling off your own personal items.

Please will you tell us when you have sent a letter to Packlink and also the date of your letter to EVRi. Let us know what replies you receive but if they decline you – which they probably will – or if they don't respond then we would suggest that you send a letter of claim next Monday. In other words in about a weeks time.

So send your letters of complaint and start drafting a letter of claim which you can post up here for us to have a look.

[Canyon1994]

Good evening,

Yes I have read all the stickies in this section of the forum as well as some other general info. 

I did contact Packlink on 11/11/23 and explained my situation however they were most unhelpful and simply stated my shipment had been delivered and they were closing the case. I did try and explain again and asked them to investigate the discrepancy in what I sent to what was received by the buyer rather then just close the case. I await further communications from them.

EVRI have responded via email. I contacted the CEO directly and have been back and fourth with a member of the executive office regarding my issue and so far I have found the response to be pleasant and they seem to want to resolve my issue if they can.

To paraphrase the conversation they have said they are gathering as much information as possible to conduct an investigation about my parcel over the next 72 hours and will update me on the findings once this time has elapsed.

I have since responded with some further details. I asked the recipient of the incorrect parcel to measure and weigh the parcel. The significance here is the weight at 1.5kg, I paid for a shipping service and specifically chose a service for parcels between 7-10kg as a PlayStation 5 in original packaging weighs 7kg. 

My initial letter to EVRI was sent on 11/11/23.

Some further info on my 38 sales this year. All sales have been personal items and nothing has been sold for a profit.

I will start to draft my letter of claim in anticipation my issue isn't resolved by the EVRI investigations on going.

Thanks.

[Canyon1994]

Received a reply from EVRI today regarding their "investigation"

In reference to your parcel ....

 

I am very sorry that you have experienced issues with the delivery of your parcel. I can understand this must be frustrating for you and your recipient.

 

This has been investigated, and it appears that the parcel was intact at the time of delivery, and it was delivered in the same state in which it was received.  
 
I can see that you purchased the shipping label for this parcel via Packlink.

 

While your parcel was sent using the Evri network, Packlink are regarded as the carrier in this situation as they provided you with the shipping label.

 

This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you.

 

I have added a useful link below to assist you:
 
Packlink Help Centre: https://support.packlink.com/hc/en-gb

Packlink reference number: .....
 
Kind Regards,

[dx100uk]

totally as expected. you are reading up so you already know your next move.

dx

 

[BankFodder]

You've done the reading so you know the response to their Packlink defence.

Please post up your letter of claim here. Please realise that when you send this, it won't be a bluff. At the expiry of your timescale you must issue the claim otherwise don't bother.

We are now recommending that you go directly to trial and you declined mediation. EVRi are forcing people to keep details of their mediation quiet so we have no idea whether or not they succeed so to make sure that you have the best chance of success, decline mediation and go directly to trial.
This is the only way that your litigation will be open, transparent, fair, and give you the best chance of recovering all of your money.

It is EVRi which has decided to try and keep the mediation process secret and so therefore it must be because they want to hide something. This can't possibly be in your interests. Your interests are in an open and transparent process.

 

[Canyon1994]

My drafted letter of claim, I have used another forum members example for my own whilst amending the details. Please advise on any edits which are necessary. Thanks for your time.

 

Evri

Capitol House                                                                               

1 Capitol Close                                                                              

Morley

LEEDS

LS27 0WH

13 November  2023

Letter Of Claim for Non delivered Item reference:  xxxxxxxxxx

I request a full refund for the value of lost items and associated costs for shipping of said item as well as interest at a rate of 8% and any associated court fees. The amount which I am claiming for is £467.03 on the grounds that the item which was delivered is not the item which was shipped using your courier service.

If I do not receive a full refund from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

I understand that the initial contract was with Packlink however due to the fact they're domiciled in Spain. I will be pursuing legal action against yourselves under the Contacts (Third party) Act 1999.

Regards,

xxxxx

 

Particulars of claim.

1. on the 8th November 2023, the claimant contracted the defendants to deliver a parcel to an address within the UK.
2. The declared value of the item in total was £380.00, Delivery fee: £6.14. Tracking number: H0067A0240612665
3. The defendant till claim date - 13th November 2023 has failed to deliver the parcel.
4. On 11th November 2023 Defendant customer support was contacted and on the 13th November 2023, the defendant confirmed that they had investigated the issue but were unable to resolve whilst also directing me to take up further action with Packlink.
5. The claimant is seeking reimbursement by exercising their rights under the Contacts Act 1999
7.The Claimant Claims:
a) value of the item as well as shipment costs and 8% interest - Total £417.03
d) Court Claim fee of £50.00

Edited November 13, 2023 by Canyon1994

[BankFodder]

At the letter of claim stage, you will only be able to claim a reimbursement for the value of your item plus any courier fees plus any insurance that you might have paid.
I would have hoped that it was clear to you that you would not be able to claim court fees because you haven't incurred any yet. Similarly, you can only start claiming 8% interest once you have issued the claim.

In terms of the draft particulars of claim, it would be a good idea to refer to the law which allows you to sue EVRi directly instead of the broker packlink.

Please post them up again

[Canyon1994]

Evri

Capitol House                                                                               

1 Capitol Close                                                                              

Morley

LEEDS

LS27 0WH

13 November  2023

Letter Of Claim for Non delivered Item reference:  xxxxxxxxxx

I request a full refund for the value of lost items and associated costs for shipping of said item. The amount which I am claiming for is £386.14 on the grounds that the item which was delivered is not the item which was shipped using your courier service.

If I do not receive a full refund from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

I understand that the initial contract was with Packlink however due to the fact they're domiciled in Spain. I will be pursuing legal action against yourselves under the Contracts (Rights of Third parties) Act 1999.

Regards,

xxxxx

 

Particulars of claim.

1. on the 8th November 2023, the claimant contracted the defendants to deliver a parcel to an address within the UK.
2. The declared value of the item in total was £380.00, Delivery fee: £6.14. Tracking number: H0067A0240612665
3. The defendant till claim date - 13th November 2023 has failed to deliver the parcel.
4. On 11th November 2023 Defendant customer support was contacted and on the 13th November 2023, the defendant confirmed that they had investigated the issue but were unable to resolve whilst also directing me to take up further action with Packlink.
5. The claimant is seeking reimbursement by exercising their rights under the Contracts (Rights of Third Parties) Act 1999
7.The Claimant Claims for losses of £386.14

 

Apologies getting aheaf of myself with costs to claim. As for the law which allows me to Sue EVRI I assume it was my typo in the original was the issue.

[Canyon1994]

Hey do I have the above in order I plan to send this tomorrow. Thanks for your time.

[BankFodder]

Letter of claim is fine but one of your particulars of claim paragraphs is not quite correct because you didn't contract with the defendants.

However, the defendants did agree to carry your parcel to a UK address