Evri parcel - damaged/not returned - court claim issued

[Elvis Romerez]

Hi All,

Hoping you can all help as I have an issue with Evri.  I've read some other posts where it seems they are similar issues to me. 

An overview is below:

- I posted a mirror using Evri. 

I paid for recorded delivery. 

I was aware that if it was damaged it wouldn't be covered, however I didn't really mind this as I could sort this out with the people I was returning the mirror to.

- EVRI never delivered the parcel, when I checked the APP it kept asking me to get in contact with them, but gave no link.

- I left multiple messages for them on the chat app, and also left a call.

- Finally they returned my call and informed me that the product was "damaged and destroyed" but I would get a refund as long as I filled in a claims form.  I informed the person on the phone that it was a mirror, he still said I would get a refund.

- I filled in the claims form but they responded and said that "mirrors" are not on their insured list for damaged property.

- I informed them via the complaints procedure on Chat that I do not accept this response.  I have asked them to return the damaged mirror but I have been unable to speak to anyone or have this request answered. 

- They have stopped responding to any chat messages or phone messages I leave for them, I'm disgusted at the service.

In summary,

I think they have lost the mirror, and are telling me that it is damaged and destroyed. 

In my opinion they should either return the mirror to me or refund me due to them losing it. 

The mirror was well packaged with polystyrene in factory packaging there is no way it was "damaged and destroyed"!

Any help would be appreciated in terms of what process I now need to follow.

Your help is very much appreciated,

Forgot to add that after reading threads on here I think I need to:

1. complaint letter 

2. letter of claim

3. court claim for full value minus any refunds to date 

[BankFodder]

Stand by for a reply later on more probably tomorrow.

Do lots of reading and especially read up where we discussed the tort of conversion in relation to parcel delivery

[jk2054]

Alright so just to help in the meantime and to give you some guidance on the 1st steps 

their no compensation list is irrelevant, they're still liable for it

Your first step will be a formal letter of complaint so please can you post up a draft of your letter of complaint here and BF will take a look

It would also be great if you could tell us the following

 

- Was the value correctly declared

- Did you pay for their insurance scheme or not?

- What was the value of said mirror?

 

 

If you can give us this information it'll be a great start and as I've said before BF will come along in a lot more detail tomorrow.

 

 

[dx100uk]

5 hours ago, Elvis Romerez said:

I paid for recorded delivery. 

no such thing via evri...

what do you mean...

[jk2054]

signature is my guess

 

thats what recorded normally means for postal carriers

[Elvis Romerez]

Thanks all for the really helpful and quick responses.  Apologies I did indeed mean signature. 

I did quote the correct price, which was £75 or £74.99 to be precise. 

I'll get things in place regarding the complaint letter and post on here first. 

As there are a lot of posts to go through does anyone have links to suggested posts for me to read?  I have a couple but would rather do some reading before posting a question to you that i could have found an answer to.

Thanks a lot for your help

[jk2054]

just look through evri threads

your principal argument will be the same

you havent told me if you paid the insurance or not. Please ATQ so we can help faster

[Elvis Romerez]

Thanks for the link, they wouldn't let me pay the insurance for damaged, it was a box I couldn't tick.  At the time I didn't mind because I wasn't concerned about it getting damaged.  However I certainly didn't think it would get lost.

Edited December 7, 2023 by Elvis Romerez

[Elvis Romerez]

This description that I found on a suggested thread seems to match exactly as to what Evri have done.  Over the phone they said it was damaged and destroyed, and followed it up with a negative response to my submitted claim.  I have included their response as a PDF.

 

Items Which Are Apparently Damaged and Then Disposed of by the Courier Company

 

 

Suggested next step - I'll put a complaint letter together and post it here.

Evri response to claim 21.11.2023.pdf

[BankFodder]

Please will you simply link to the thread containing the quote above. No need to keep on repeating things that we have already written elsewhere.

[BankFodder]

I'm not quite sure what you mean when you say they wouldn't let you pay for insurance if it was damaged. Please can you explain this a bit more carefully.

Any chance that you could get a screenshot of this. Maybe you should begin the process of sending something again – and screenshot the particular page you are referring to. (No need to actually go through and make the booking)

The no-compensation list is not wholly irrelevant.

In terms of lost items then I agree it is wholly irrelevant. It is not possible to imagine a scenario where some characteristic/fragility of an item has led to it being lost.
If EVRi wanted to rely on that, then in our view it would be an unfair term and unenforceable under the Consumer Rights Act 2015.

However, in this case we are talking about something which was damaged – not lost. In that case it is likely that being on the no-compensation list is relevant if the damage can be related to the fragility of the item.
For instance, if it was the frame of the mirror which was damaged then the fact that it was a mirror/glass is probably not relevant to the damage and in that case, EVRi would be trying to enforce an unfair term and they would probably fail.

We aren't told what kind of damage. They haven't supplied any evidence. Frankly they are really stupid to claim that people's items or damage without even taking a simple photograph.
However, I suppose we have to assume that the mirror itself was broken. There is no doubt that mirrors the/glass are fragile however well packaged and it might well be reasonable for EVRi or any other delivery company to decline liability for breakages and to say that they will carry the item but at the sender' s own risk.

So on that basis, although you could try, I don't fancy your chances in terms of recovering the value of the item for the couriers' failure to exercise skill and care.
It seems to me that you will probably notice and that they were carrying it at your risk.

However, whether the mirror was intact or broken, it was your property – and because it was your property – your ownership, you are the only person who would be entitled to destroy it or otherwise dispose of it.
EVRi disposed or destroyed your property without any reference to you. This suggests that they hijacked your ownership – that they usurped your rights of owner – and that amounts to the tort of Conversion – which is a wrongdoing where somebody acts with property which does not belong to them as if they were the owner.

If you don't understand this – then please ask questions.

So on that basis, I think you have a very good case in Conversion contrary to the Torts (Interference with Goods) Act 1977.

In that respect I think not only would you be able to claim the declared value of the mirror but also you should be able to claim some damages for the wrongdoing that you have suffered by being deprived of your rights of ownership.
In a way, Conversion is a form of trespass and damages for trespass are awarded on the basis of the insult that you have suffered to your rights of ownership whether it is land, goods, or even to yourself. An assault, for instance, is a trespass against the person. It is an insult to your integrity and you are entitled to be compensated for it.

I don't suggest that you go for a money grab. I think you should be looking at the value of the mirror plus, say, £50 for the conversion – in the discretion of the court.

If you are prepared to go to court on this then your claim would be for the value of the mirror plus interest – plus £50 for the insult. No interest payable on the £50. If you win you will also get costs.

I would decline mediation – and I can't imagine that EVRi would be sensible enough anyway, to fold at mediation. It would go to trial and I rate your chances of success that much better than 90%. EVRi would be stupid to challenge you – but then that's what they are.

And it would be another very useful transcript for us to have in our stock of judgements against the parcel delivery industry.

Frankly, I'm amazed Hugo Martin hasn't wised up to this and hasn't issued a directive to everyone at EVRi that where an item is damaged, it should be photographed, the photograph should be supplied to the owner and they should be asked whether they want the item returned or destroyed.
Because the item appears on the no compensation list, they could even quite legitimately (in my view) charge a nominal sum for the return and to protect themselves they would put this in the terms and conditions.

However, EVRi don't seem to be able to think outside the box and because they're too busy enjoying the billions of pounds they make every year from the unenforceable and unregulated insurance premium that they demand so that customers are required to protect themselves against the failures of the delivery company.
Luvly jubbly

[BankFodder]

Incidentally, it wouldn't at all surprised me if the mirror was actually lost – as you have suggested earlier. But they are aware that they are on very dodgy ground declining liability for items which are lost – even if they are on a no-compensation list. But they are aware that if a fragile item is damaged then they are on firmer ground.
Of course we can't be sure of that – I'm simply saying that it wouldn't surprise me if that was the case then of course instead of limiting their liability to the value of the mirror, by saying that it was damaged and then destroyed, in my view they open up new possibilities of additional compensation for the insult of Conversion.

I hope the children are reading this and it will help to extend their understanding of the applicable law

[Elvis Romerez]

Regarding unable to tick insurance I've tried to upload a photo but unable to do so.  I'll try to explain below.

When going through the process of sending a new parcel I come across the "Cover page".  At this point it asks for free cover up to £20 or full cover up to £74.99.  Every time i tried to select the full cover, the system froze and would not let me go to the next step.  The only way i could get to the next step was to not tick the box.

I assumed it was because they would not allow the system to cover me for a mirror in terms of damage, as it is a restricted item.  So I proceeded without ticking the box, otherwise i was unable to send it.  However my understanding was I would be insured if it was lost, but not if it was damaged.

I have asked them for photos to show me the damage, and also asked them to return the damaged item.  However they have ceased any communication with me, and also told me over the phone that the item is damaged and destroyed.  This suggests that the item has been stolen from their warehouse and fed back as damaged and destroyed.  Either way, as you helpfully put it, it is not their right to destroy my property, and they should return it in the state it is in or give me a refund.

Do you think the next step is to type up a complaint letter and post on here, I'll also include your suggestion for £50 for the conversion.

Thanks for your help

[jk2054]

yes complaint letter

yes post it here

 

[Elvis Romerez]

Mr Martijn De Lange

Evri/EVRi Parcelnet Ltd

Capitol House

1 Capitol Close

Morley

LEEDS

LS27 OWH

 

Reference:
Parcel ID:

Received at EVRI at parcel shop: 10.11.2023 @14.06

Collected by EVRI from the parcel shop: 10.11.2023 @18.37

Dear Sir,

I write to formally complain about the loss of my return which was a Lexent Technologies Ltd Hollywood Mirror and the lack of response to my request for help I have been leaving via the chat box and phone line about my undelivered mirror.

I have lodged a claim via your protocol but received a response I completely disagree with.  I have had no responses from my further communication where I told you via the chatbot I am not happy with the outcome of my claim and wish to make a formal complaint. 

The customer advisor said the package was damaged and destroyed.  If the package is damaged, I’d like some photos to show the damage.  I’d also like the item returned to me.  If you have destroyed it, this is a wrongdoing (tort). It is a trespass to goods and is known in law as "Conversion".

I am seeking full compensation for the financial loss of £74.99 refunded to the buyer of the Lexent Technologies Ltd Hollywood Mirror plus the interest of £0.016 a day, taken from the day I submitted the refund claim, which was 20.11.2023. 

I will also be asking for compensation to claim some damages for the wrongdoing that I have suffered by being deprived of my rights of ownership.  This is in line with Conversion contrary to the Torts (Interference with Goods) Act 1977.

I am asking for the sum of £50 for the conversion.

This brings the total amount owed to: £125.27

Yours Sincerely,

 

Edited December 7, 2023 by Elvis Romerez

[jk2054]

take CEO's name out - you're suing a company not the ceo. 

I'd also take out the full company name of the brand (definitely remove the LTD bit)

 

BF will advise on rest

[Elvis Romerez]

thank you

[lolerz]

Just gonna jump in here to say that imo all the refund should be paid by EVRi to yourself (especially if you're claiming compensation as well) and then you should refund the purchaser. It makes everything a lot clearer and if you do take EVRi you court it'll be yourself who gets the payout and no one else.

 

[Elvis Romerez]

Just re read and realise i made a mistake.  I copied some of this from a similar complaint letter but forgot to change that bit.  It should be me getting the refund, nothing to do with the other company.  I'll remove any reference to them so it doesn't get confusing.  i'll edit and repost

Edited December 7, 2023 by Elvis Romerez

[Elvis Romerez]

Mr Martijn De Lange

Evri/EVRi Parcelnet Ltd

Capitol House

1 Capitol Close

Morley

LEEDS

LS27 OWH

 

Reference:
Parcel ID:

Received at EVRI at parcel shop: 10.11.2023 @14.06

Collected by EVRI from the parcel shop: 10.11.2023 @18.37

Dear Sir,

I write to formally complain about the loss of my EVRI return which was a Lexent Technologies Ltd Hollywood Mirror and the lack of response to my request for help I have been leaving via the chat box and phone line about my undelivered mirror.

I have lodged a claim via your protocol but received a response I completely disagree with.  I have had no responses from my further communication where I told you via the chatbot I am not happy with the outcome of my claim and wish to make a formal complaint. 

The customer advisor said the package was damaged and destroyed.  If the package is damaged, I’d like some photos to show the damage.  I’d also like the item returned to me.  If you have destroyed it, this is a wrongdoing (tort). It is a trespass to goods and is known in law as "Conversion".

I am seeking full compensation for the financial loss of £74.99 to be paid to me plus the interest of £0.016 a day, taken from the day I submitted the refund claim, which was 20.11.2023. 

I will also be asking for compensation to claim some damages for the wrongdoing that I have suffered by being deprived of my rights of ownership.  This is in line with Conversion contrary to the Torts (Interference with Goods) Act 1977.

I am asking for the sum of £50 for the conversion.

This brings the total amount owed to: £125.27

Yours Sincerely,

PPPPPPP

[BankFodder]

I understand that you say you have difficulty getting a screenshot – but I think we would like one.

Extremely useful to understand what is going on here.

If you are unable to do yourself then please take some advice from a knowledgeable friend.

 

[Elvis Romerez]

 Hi, I can take the screenshot but I'm unable to load it onto the site as it's not in the required format.  I could Google how to turn a picture format into PDF or I suppose put it into a word document and upload.  I'll try this and see how I get on

[Elvis Romerez]

This should work.  It was at this point that it wouldn't let me choose the insurance.

EVRI .pdf

Edited December 7, 2023 by Elvis Romerez

[Nicky Boy]

.

[BankFodder]

Well the upload of the screenshot has worked – but you seem to have cut it off at the bottom and we don't see the bit that you are referring to