Shock !!EVRI has lost my parcel PS5 - court claim issued

[Mickgibbons1]

My wife takes part in these online FB raffles, which a family member organises. The raffle number is drawn from the lottery bonus ball, so it cannot be fixed lol.

Last week she won a PS5, her first ever win and just in time for xmas present.

Last week, she arranged for Evri Courier to pick up the parcel on Thursday, the 9th Nov and deliver it the next day,

Friday came and went, no parcel.

I am in the military and was away; returned Friday for her to tell me what had happened and that it was fine as it was EVRI, and she also has insurance. My heart sank as I had read posts on this site before, and I told her, despite her positive outlook, it is now the 15th and still no next-day delivery! This is what has happened so far

Wednesday 08th parcel paid for, and insurance was taken out for PS5 (despite this being on none insurance list)
Thursday 09th parcel picked up at 1155
Friday 10th Parcel delivered to delivery depo at 0806
Friday 10th Parcel has been delayed message at 0906 (we will try and sort this on the next working day)
Monday 13th no movement or messages

No more action or messages on the APP

Monday13th Complaint logged and phone call promised for Tuesday 14th
Tuesday 14th phone call from customer services, parcel in depo and will be on its way today. Should be with you tonight or tomorrow.

We will call tomorrow
Wednesday15th Phone call, the parcel has not moved, and they are escalating this to the depo manager; we should have it today. They will call on Thursday16th.
I am not convinced this will have a happy ending tomorrow. Please advise me if what we have done so far is correct. And how do we move forward with this?

I will fight this to the very end, I cannot stand what is happening at that company, and I will not stand for what they are doing to people. I have read @BankFodderpost on 'The Courier industry' Sep 2022. If you can help, i will follow your directions to the full and take this as far as possible! Regardless of cost

Thank you all for taking the time to read this post, any help would be hugely appreciated.

Mick

 

[BankFodder]

Please start off by reading as many of the stories of the sub forum as you can manage in a couple of days.

That will enable you to understand the principles and also the route that this claim will probably take.

Prepare a letter of complaint to send to EVRi.

That will come to nothing but you may as well send it.

Prepare a letter of claim and post it up here in PDF format.

However, first and foremost is to do the reading so that you understand very thoroughly what you are doing and what will happen

[Mickgibbons1]

@BankFodder Thank you

 

I did read the initial link you replied with before i posted on here.

 

They are still investigating the missing parcel as it has not left the depo, I'm not sure if others have faced the same situation. It has not been 7 days and we have had emails and calls off them daily. I will now start to prep a letter complaint, ill check if there is one available on here

I will also get a letter of claim done and posted here for you to check. I know we had insurance; while I have read it is pointless, does it make it easier to claim latter? as the value was set at £495 pounds?

I will also do some more reading across this forum. Thank you for being so helpful

[BankFodder]

There won't be a template complaint letter.

Just set out the facts. Don't be verbose. Just be pragmatic.

Having the insurance will demonstrate even more clearly that their no compensation et cetera lists are unfair.

You will have to issue a claim I expect. Make sure that you read up on the steps involved to take a small claim in the County Court. Although things may have changed since we originally put up our small claim link. The principles will be the same.

Previously we have recommended the people go to mediation but now we find that EVRi is threatening people who talk about their mediation and so we don't know whether they are successful or not. EVRi are not transparent about this kind of thing and therefore we will suggest to you that you decline mediation and that you go to trial.

I am all but 100% certain that at trial you will succeed and you will get your costs. You will also get a useful judgement which will help lots of other people.

 

[Mickgibbons1]

Thank you BankFodder

 

Update on the situation. EVRI customer services has been in touch and stated the parcel is not classed as missing from the hub. They will continue to look for it etc

They have also send a link to claim on the insurance for a lost parcel. I will file this claim online but I know they will reject, once rejected I'll send a letter of claim against their reject. 

 

Does that sound right?

[BankFodder]

don't wait too long.

Give them about 10 days and then send the letter of claim.

Post your draft letter of claim here

[Mickgibbons1]

Sorry i have not been around but I am in the Army and have been away. My wife decided she wanted to explore Evri claim process as their customer service was being nice, she see's the best in everyone.

 

They have rejected the claim stating the items are none compensation items. I will get the letter drafted and then uploaded, once you have 5 minutes, please do take a look. I will then post be recorded delivery once you have checked and advised.

[BankFodder]

I understand that you are in the army but when people disappear for a long time we tend to turn our attention elsewhere and lose track of what has been happening here.
What is the value of the item and was it properly declared?

 

[Mickgibbons1]

i fully understand

 

It was a PS5 that went missing from their delivery depot.

 

My wife put the value for the the insurance but called it Games as she thought it is a games thing

[BankFodder]

Thank you, that doesn't tell me if the declared value was the actual value of the item.

I think earlier on you said it was 495 but is that the value of it or the declared value?

[Mickgibbons1]

The declared value on the insurance was£490 and that was based on the Argos as it was a charity raffle. The actual value was £409, this came out after we asked the organiser for details, she my wife could submit a claim with them

 

She (So)

 

Thank you for all the advice and help. we both really appreciate it 

[BankFodder]

What is the replacement value now?

Secondly, if you have commitments with the military which could take you away suddenly and at odd times, it may be better if your wife brings the claim if her availability is more predictable.

You may find that you are suddenly offered hearing dates which you are not able to meet - or even worse you may agree to hearing dates and then be unavailable at the last moment 

[Mickgibbons1]

Morning,

 

The replacement value is £519 pounds from GAme, the original provider do not have the deal on. We have replaced the PS5 without the game and disc drive, so a lesser model for £419 (online version) as we could not afford a like-for-like

 

I agree, I will do it in LIndsay name.

 

Do you think we should push on? even though it was won on an online raffle? We spent around 20 pounds on tickets and then around £30 pounds on the courier. 

 

 

[BankFodder]

Yes of course you should push on. For the declared value as long as you have evidence to support that value.

Who was the sender? You or your wife

[Mickgibbons1]

My wife was the sender as she organised the courier. Then the person holding the raffle dropped off the parcel.

 

We have evidence of the initial cost of the items, do we look to claim the original cost £409, the replacement cost £419 or the current cost to replace the actual item at £519

 

I would be happy with the £409 plus the postage back, that covers the replacement 

 

 

[BankFodder]

2 hours ago, BankFodder said:

Yes of course you should push on. For the declared value as long as you have evidence to support that value.

I also think that it's about time that your wife got involved in this discussion. At some point she will be involved in either mediation or maybe even a trial and she will need to be familiar and in control and confident.

[Mickgibbons1]

She is reading it, and most of the questions i ask are from her.

I will get her to draft the letter now  and we will upload to here straight away

Letter of CLaim

EVRi

CAPITOL HOUSE,

1. CAPITOL CLOSE

LEEDS

LS27 0WH

 Dear Sir/Madam,

 LETTER OF CLAIM 

PARCEL REFERENCE NUMBER REFERENCE: C00HHxxxxxx

 On 07 November 2023, I used your service to send a parcel under the above reference number using Evri’s next-day delivery service. The parcel never arrived at its intended destination.  

Following my enquiries via email with Evri’s Customer Care Department, it has been confirmed that the parcel cannot be located since it was last scanned at Evri’s sorting hub on 10 November 2023.

 As Evri cannot locate the parcel at its own sorting hub, it cannot demonstrate that it has managed the delivery of my parcel with reasonable care and skill while in possession of the parcel. Therefore, I am pursuing a claim for the following.

 Value of item = £409.99 + Postage £30.76 = £440.75

Total loss to me (amount of claim) = £440.75+ any applicable Interest 

In emails with Evri’s Customer care department, I have requested reimbursement for the Total amount above, which Evri has so far failed to reimburse. On 20 December, you issued an update stating you could not proceed with our claim since the items in the parcel are non-compensated items that cannot be claimed. These terms are unfair and unenforceable under the Consumer Rights Act 2015. 

I have acted in good faith and allowed Evri the opportunity and time to make immense of their lack of due care and attention to my parcel, do the honourable act, and reimburse me for their failure to fulfil their contractual obligations.

Therefore, I intend to issue proceedings against you in the county court without further notice unless you reimburse me the above amount in full within 14 days from the date of this letter.

 Sincerely,

[BankFodder]

Please can you check your maths in your figures above

[BankFodder]

It's a competent letter but what is the meaning of the word which I have highlighted in red above

Are suggest that you have a look at that entire sentence because it doesn't make much sense to me

[Mickgibbons1]

Sorry, i cannot see the highlighted wording, it might be as i was in edit mode. Please can you redo

 

Draft version 2. I am not sure what you highlighted but i did not like the last bit and have changed that.

 

Quote

 

EVRi

CAPITOL HOUSE,

1. CAPITOL CLOSE

LEEDS

LS27 0WH

 

Dear Sir/Madam,

 

LETTER OF CLAIM

 

PARCEL REFERENCE NUMBER REFERENCE: C00HHxxxxxx

 

On 07 November 2023, I used your service to send a parcel under the above reference number using Evri’s next-day delivery service. The parcel never arrived at its intended destination. 

 

Following my enquiries via email with Evri’s Customer Care Department, it has been confirmed that the parcel cannot be located since it was last scanned at Evri’s sorting hub on 10 November 2023.

 

As Evri cannot locate the parcel at its own sorting hub, it cannot demonstrate that it has managed the delivery of my parcel with reasonable care and skill while in possession of the parcel. Therefore, I am pursuing a claim for the following.

 

Value of item = £409.99 + Postage £30.76 = £440.75

Total loss to me (amount of claim) = £440.75+ any applicable Interest

 

In emails with Evri’s Customer care department, I have requested reimbursement for the total amount above, which Evri has so far failed to reimburse. On 20 December, you issued an update stating you could not proceed with our claim since the items in the parcel are non-compensated items that cannot be claimed. These terms are unfair and unenforceable under the Consumer Rights Act 2015.

 

I have acted in good faith and allowed Evri the opportunity and time to make immense of their lack of due care and attention to my parcel. No explanation has been forthcoming, nor has my parcel been located. Therefore, I intend to issue proceedings against you in the county court without further notice unless you reimburse me the above amount in full within 14 days from the date of this letter.

 

Sincerely,

 

 

Edited December 27, 2023 by BankFodder
edits in red

[BankFodder]

Check the words which I have change to a red colour in your first version.

I am out now and only have a telephone so I can't do anymore at the moment

[Mickgibbons1]

Sorry mate, i cannot see anything in Red. Please can you take a look once back, no rush

[BankFodder]

Amazing, there must be some glitch. I changed the troubling words into a red colour on my phone and it displayed correctly but now on my desktop it's not showing in red at all.

I've now changed the bit that doesn't make much sense into red colour now. Have a look

[Mickgibbons1]

Understood. I was trying to say that we have followed their procedures and timeline for the claim, but they have done nothing

Version 3

 

Quote

 

EVRi

CAPITOL HOUSE,

1. CAPITOL CLOSE

LEEDS

LS27 0WH

 

Dear Sir/Madam,

 

LETTER OF CLAIM

 

PARCEL REFERENCE NUMBER REFERENCE: C00HHA

 

On 07 November 2023, I used your service to send a parcel under the above reference number using Evri’s next-day delivery service. The parcel never arrived at its intended destination. 

 Following my enquiries via email with Evri’s Customer Care Department, it has been confirmed that the parcel cannot be located since it was last scanned at Evri’s sorting hub on 10 November 2023.

 As Evri cannot locate the parcel at its own sorting hub, it cannot demonstrate that it has managed the delivery of my parcel with reasonable care and skill while in possession of the parcel. Therefore, I am pursuing a claim for the following.

 Value of item = £409.99 + Postage £30.76 = £440.75

Total loss to me (amount of claim) = £440.75+ any applicable Interest

 In emails with Evri’s Customer care department, I have requested reimbursement for the total amount above, which Evri has so far failed to reimburse. On 20 December, you issued an update stating you could not proceed with our claim since the items in the parcel are non-compensated items that cannot be claimed. These terms are unfair and unenforceable.

I would point out that the contents of my parcel were properly declared to you and you even offered to sell me your insurance cover even though that is prohibited by section 72 of the Consumer Rights Act 2015 and which is also an insurance product which is not regulated by the FCA. Under the Consumer Rights Act 2015.

It seems that not only do you sell unlawful insurance, but you then purport to take the benefit of the insurance premium while at the same time declining liability on spurious grounds.
If you oblige me to take this matter to court, you can be certain that this will be pointed out to the judge.

 I have acted in good faith and allowed Evri the opportunity and time to locate my parcel. My parcel has not been found, no explanation has been forthcoming, and all I have received is a message stating that you cannot proceed with my claim. Therefore, I intend to issue proceedings against you in the county court without further notice unless you reimburse me the above amount in full within 14 days from the date of this letter.

 Sincerely,

 

 

Edited December 28, 2023 by BankFodder
edits in red

[BankFodder]

I have suggested some embellishments in red.
If you prefer not to include them then that's fine. Send the letter.

Open an account with MCOL and start preparing your particulars of claim. Post a draft here.

You will definitely have to start a claim. EVRi routinely use the taxpayer funded County Court system to obfuscate and obstruct legitimate claimants at public expense. It has nothing to do with EVRi seeking justice. It is only to do with EVRi debt avoidance model.

Be aware that the EVRi so-called legal department will be monitoring this thread. We aren't bothered. We are scrupulously honest and straight dealing so don't worry about it.

Once you have started your claim, at some point you will be asked if you are prepared to go to mediation. In the past we have suggested that people do go to mediation that now we tend to recommend against it. It is not fair and not transparent. The mediation service exists to help people find compromises references the cost of a service are a good is in question but where the matter is purely a question of law such as here, there is no point mediation. EVRi will simply try to use it to knock you down a few quid and the best thing to do is not waste time and go directly to trial.

Of course it's up to you. Your chances of success at trial are very excellent – better than 90%.

We have recently found at least one case where the claimant declined mediation and then very shortly before the date of the trial, EVRi started reaching out to them trying to make offers in order to avoid trial.

I think the trial is listed for January. It is about a MacBook worth about 1400 quid which clearly was stolen. I think the issue there is that EVRi say that the claimant should have taken out insurance against theft of the MacBook by EVRi own employees!

These people are really stupid.

Let us know what you decide in terms of the letter. And then let us see your draft particulars