Evri parcel - damaged/not returned - court claim issued

[Elvis Romerez]

This is the point I was asked to add the insurance by clicking select.  However, when I did it for the actual order it wouldn't let me select the cover.  Every time i tried to click select on the box next to 74.99 the system would freeze, or it would then not allow me to proceed with the delivery.  

The only way i could proceed was by not selecting any insurance.  

Hope this makes sense

EVRI .pdf

Edited December 7, 2023 by Elvis Romerez

[BankFodder]

10 hours ago, Elvis Romerez said:

However I certainly didn't think it would get lost.

I've just noticed this comment that you made. Of course you don't need insurance because the insurance is unlawful and unenforceable but quite frankly saying that you didn't get insurance simply because you didn't think it would get lost – is like saying that you didn't bother to look before crossing the road because you didn't think you would get knocked over by a car.

 

[Elvis Romerez]

It was the only decision I could make, they wouldn't let me get insurance as I couldn't tick the button and move forward.  It wasn't a case of me choosing not to have it.  I also thought that with signed delivery it would be more secure. 

I'd say on reflection that using Evri is like crossing a road without looking and hoping for the best, I had no idea how inept they are!  Anyway lesson learnt I won't be using them again.  

What do you think about the formal complaint letter do you think it's suitable?

Thanks for the help 

Edited December 7, 2023 by Elvis Romerez

[jk2054]

yes send and wait 5 days

 

they wont even read it so its not too important.

Post up your draft LOC 

[Elvis Romerez]

Great, thanks for the support, here is my LOC:

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 sent via Evri 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. 

As you have destroyed my property 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,

[jk2054]

your confusing a complaint and  a LOC.

 

Send the original complaint letter BF or I approved.

 

Once you've done that spend 5 days reading and after that come back and we'll help further

[Elvis Romerez]

Apologies, I didn't realise their was a difference between letter of complaint (LOC) and a formal letter.  I'll have a look at the forum to make sure I get a good grasp of the difference.  

The draft I posted above was my version of the formal complaint letter that I will send.  You kindly made some suggestions yesterday which I have made so it should be good to go.  

I'll get this printed and sent via recorded delivery and check back in after 5 days.

Once again thanks for the help, and apologies for confusing things!

[BankFodder]

I'm very sorry but we've asked you to do lots of reading – and you are making those errors. It seems to me that you really haven't done the reading and I suggest that you slow down. Spend the weekend understanding how it all works and then Monday set about sending your letter.

It will make life much easier for you to be in a position where you are confident and in control. It will make life easier for us as we don't have to spend time pointing out your errors

[AndyOrch]

LOC = Letter of Claim

LBA = Letter before Action.

 

.

[jk2054]

LOC isnt a complaint, its a letter of claim. 

 

You need to do the reading please

[Elvis Romerez]

Thanks all, will do.  I have done some reading but obviously not enough.  Will brush up over the weekend and get back to you on Monday.  Fully appreciate how annoying it is if you have a number of people posting and you have to respond when they could have found the answer, cheers 

[Elvis Romerez]

Evening all, I've spent a lot of time this weekend looking into the process and think I have a much better grip of the process.  I've made some notes so you can see if there is anything I've missed (I've also attached a more detailed version of my notes in case anybody finds them useful or again thinks I've missed anything).

Order for Claim against Evri

Step 1: The Preliminary Notice (PN) - This is not a Letter of Claim

They probably won’t acknowledge or respond.  After about 10 days, if you have been knocked back or if you haven't heard anything then you should send them a letter of claim. 

Note: Start drafting the LOC whilst waiting.

Step 2: Pre Action Protocol / Letter Of Claim

A Letter of Claim (LOC - sometimes known as a Letter Before Action) is a formal letter putting a person on notice that court proceedings may be brought against them. It is a formal legal notice sent by one party to another before initiating court proceedings.  Full document here: Pre Action Protocol 

2.1 - Letter of Claim (LOC)

2.2 - Begin Court Proceedings – Claim Form:

Your money claims account - Try the new online service

2.2.1.        Claim Form Completion

2.2.2.        Defendant Response

2.2.3.        Mediation

Step 3: Court Proceedings

If we do not agree a solution during mediation it will go onto the small claims court.  I’ll have to prepare a Court Bundle – (court bundle).  This is a bundle of documents that I will rely upon in court.

 

Once again, thanks for all your support.

 

Evri Notes v1.docx

[BankFodder]

That looks pretty good. Very comprehensive.

You have sent your letter of complaint already I believe.

Please post up a draft letter of claim here so we can have a look.

 

[Elvis Romerez]

Great, thanks, will get it uploaded tomorrow, thanks 

[Elvis Romerez]

Hi All,

Busy week in work so it took me a little time to finalise this.  This is my Letter of Claim, I have also attached it as a word document so you can see the two appendices I will send with it as per the Protocol (I presume I should send these?).  Once again, thanks for your help.

My Address..

 

Evri/EVRi Parcelnet Ltd

Capitol House

1 Capitol Close

Morley

LEEDS

LS27 OWH

 

Date: ______

 

Dear Sir,

I write to formally give you my Letter of Claim regarding my package that was in your care.   I have been informed that this package is Damaged and Destroyed.  Please see further details below:

Reference: 231116-027917
Parcel ID: C00HHA0426391034

·         Received by EVRI at parcel shop: 10.11.2023 @14.06

·         Collected by EVRI from the parcel shop: 10.11.2023 @18.37

·         Raised ticket through chat bot on Thursday 16^th November.  Incident number 231116-027917.  No response.

·         Raised ticket chat bot again on Saturday 18^th November.  Incident number 231118-009323.  No response.

·         Raised a ticket through phone 20.11.2023

·         Response 20.11.2023. Damaged and Destroyed, on 20.11.2023 @ 20.11.2023 it was confirmed that I will get a refund on the price of the mirror.  Process and respond. Refund normally takes 5 days.

·         20.11.2023 Made a claim through the Evri Process

·         21.11.2023 Response to claim that Evri will not refund the mirror.

·         Phoned on 22.11.2023 – left a message for a call back – no response to phone call request.

·         Sent an official complaint via chat bot on 23.11.2023 – no response to complaint.

 

Throughout the process there has been a clear lack of response from Evri 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 and complaint 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. 

As you have destroyed my property, 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: £125.406.  You can pay this by transferring the money owed to the following account:

 

Sort code:                    Account Number

 

I have also enclosed the copy of the Information Sheet and the Reply Form at Annex 1

 

Yours Sincerely,

2. Evri Letter of Claim - Upload.docx

[BankFodder]

I'm afraid that it is far too long. You don't need all that detail.

 

Secondly ,You don't need attachments and annexes et cetera.Save all that stuff for your court bundle if it goes to trial.

 

Thirdly, a letter of claim has to tell them that you are going to start court proceedings after A certain amount of time if they don't give you what you are looking for.

You haven't done this so it isn't a letter of claim

[BankFodder]

See if there is anything inaccurate in the proposed letter below

Quote

Dear XXX

Parcel reference number XXXX

Letter of claim

 

As you know I used your service to send a parcel containing a XXX, value XXX to a UK address.

You have informed me that apparently the parcel was damaged and therefore you decided to destroy it without any reference to me and without permission.

I'm seeking reimbursement of the value of the parcel contents – £XXX

Furthermore you have taken upon yourself to destroy my property and without any permission. This amounts to a Conversion and I'm seeking £XXX in respect of that wrongful interference with my property.

If I do not receive £XXX within 14 days then I shall Sue you in the County Court For the above amount plus interest and without any further notice.

Signed

 

 

 

[Elvis Romerez]

That's great, thanks for the help, I'll edit the version above and repost.  Seems like a silly question but I presume I include my address and their address at the top?

[BankFodder]

Post your edited version here and of course you have to include your address etc

[Elvis Romerez]

Hi All,

Happy New Year!  Apologies for my delay in responding, I have been away for most of the Christmas break and thought it wouldn't make sense to try and do bits sporadically.  I appreciate that this is not great as you may have to retrace through the thread to offer advice which is time consuming for you.  This won't be happening again, the only breaks will be due to statutory timescales in place. 

Thanks for the Letter of Claim template above BankFodder, it is very accurate for my needs so I have edited briefly so it includes the relevant data.

Once confirmed it is ok I'll send it via proof of postage.  Once again thanks for all your help.

My Address…………

 

Quote

 

Evri/EVRi Parcelnet Ltd

Capitol House

1 Capitol Close

Morley

LEEDS

LS27 OWH

 

Reference: xxxxxxxxxxxxx
Parcel ID: xxxxxxxxxxxxx

Letter of claim

 

As you know I used your service to send a parcel containing a Hollywood Mirror, value £74.99 to a UK Address.

You have informed me that apparently the parcel was damaged and therefore you decided to destroy it without any reference to me and without permission.

I'm seeking reimbursement of the value of the parcel contents – £74.99

Furthermore you have taken upon yourself to destroy my property and without any permission. This amounts to a Conversion and I'm seeking £50 in respect of that wrongful interference with my property.

If I do not receive £124.99 within 14 days then I shall Sue you in the County Court For the above amount plus interest and without any further notice.

Signed

 

 

[BankFodder]

Thank you for this.

Please open an account with the MoneyClaim MCOL service and start preparing your claim. Post your draft particulars of claim here before you click them off.

Once you issue the claim – as you surely will have to – you will have to keep to the fairly strict timescales so you will have to be on the ball in that respect.

[Elvis Romerez]

Great will do.

I've also created a document where I've tried to capture the whole process.  I think this would be helpful for me and others when going to court and also help keep things organised throughout.  I'll add to the steps as I go along to include the timescales given. 

I wondered if you thought it would be helpful for other people?  Not sure if it's too complicated, inaccurate or not needed.  Let me know if you think it's helpful, I wouldn't want to waste time completing it further, and am not precious about it!  

I've uploaded the template, and my version so you can see how it looks.

Thanks

EVRI Complaint Log v1 - TEMPLATE.docx EVRI Complaint Log v1.docx

[Elvis Romerez]

Hi All,

Not sure if I need to check this but thought I would just in case as I wasn't sure if I needed to be exact with my description.  When completing the MoneyClaim it has asked me for Claim amount and Explaining the claim.  I have included my proposed responses below:

 

Quote

 

1. Claim Amount (What you are claiming for):

Reimbursement of the value of the parcel contents that was damaged and destroyed by EVRI - £74.99

Wrongful interference with my property - £50

2. Briefly explain your claim:

I used the EVRI service to send a parcel containing a Hollywood Mirror, value £74.99 to a UK Address.

EVRI have informed me that the parcel was damaged and therefore EVRI decided to destroy it without any reference to me and without permission.  Their summary was my parcel was damaged and destroyed. I asked the defendant for evidence of the damage and of the destruction of my property and they have failed to provide any photographic or other evidence.

EVRI have failed to reimburse me for the cost of the mirror and have failed to take me up on any further opportunities to discuss further.

 

 

Could you let me know if this is ok?

Thanks for your time and help.

Edited January 12 by BankFodder
edits in red

[BankFodder]

I can't remember, did you ask them to supply evidence of the damage?

[Elvis Romerez]

I sent this through their chat, the only way I could contact them:

 

Quote

 

Sent on 23.11.2023 @10.56

Hi,

I do not accept this as a reasonable response, and I am not satisfied with this outcome.  I want to progress this now into an official complaint:

I am making an official complaint that I am not happy with the response given to my submission.  Main concerns submitted below:

Main Issues:

1.  When I spoke to the customer advisor on the phone he told me I was entitled to a refund, this was after I mentioned it was a mirror.  I have the time and date of the call so you can check the recording.    

2. If the package is damaged, I’d like some photos to show the damage.  I’d also like the item returned to me.

3. If you do not return it to me I would consider this as theft or loss and will be exploring legal routes of moving forward.

Can you confirm if it was damaged, if so I expect to see photos or is it in fact lost.

I expect to hear from you in writing within the timescale that your complaints policy states.