Lost items sent through Parcel2Go and EVRi

[Madmart58]

I sold, as a sole trader, two trays to a customer for £370. Arranged delivery through P2G with Evri who lost the parcel.

I am going to make a claim against P2G in the small claims court but not sure if I have to send them a Letter of Claim first?

Any advice gratefully received.

[honeybee13]

Hi.

Yes, to do this properly you should send a Letter of Claim and give them two weeks to sort things out. Be ready to file the claim on MCOL on Day 15.

The experts should be along soon with further advice.

HB

[Madmart58]

Thank you HoneyBee,  much appreciate your help.

[jk2054]

Hello,

 

Yes you do as HB said

 

Ensure to include what went wrong (i.e it was lost)

The amount claimed

set a 14 day deadline

 

[BankFodder]

Before you do any of the above – Stop!

You need to spend a few days reading up on the stories on this sub- forum so that you understand the principles and you understand how to go about making your claim.
We will help you – and you have a better than 95% chance of getting your money back – but you need to be in control of what you are doing.

We will help you – but this is a self-help forum and you need to have done the reading so that you are confident of each step and you know your way forward.

Please don't do anything at all – in particular don't send a letter of claim – until you have done all the reading and I would suggest that probably you will start drafting your letter of claim over the weekend.

Also, you haven't told us anything about what has happened.

We don't know dates, items dispatched, value, whether they were properly declared, whether you bought so-called insurance, you have been declined reimbursement but we don't know why.

If you want us to help you then you will have to give us this basic information.

Also the fact that you are an eBay trader makes this slightly more complicated although it doesn't at all affect your chances of success. 

Read the other threads on this sub- forum – and especially the pinned threads at the top in order to understand the principles. You also quickly understand the kind of help that we will give you and you will understand some of the draft documents which have been used in other successful claims.

[BankFodder]

Sorry but please could you post this up on the forum and not in an attachment. Thanks

[Madmart58]

Thank you JK2054 and BankFodder for your replies. The information requested is as follows:

 

My wife and I are sole traders supplying bespoke, handmade wedding trays and other items through our website. We do not sell on ebay.

We had an order for two trays (invoice value £370) that were shipped on Monday 25^th March. We used P2G as the broker and Evri as the shipper. We declared the value but did not take out insurance.

As the trays were a present for a wedding on Saturday 30^th March we checked the progress of delivery on the Thursday to see that there had been an attempt to deliver on the 27^th but the driver failed to deliver as the customer’s gate was shut (customer informs us that the gates are open between 7am-7pm. We contacted the customer who informed us she had been waiting in all week and there had been no attempt of a delivery.

Evri allege they attempted to deliver on the 28^th & 29^th.

On the P2G web site on the 4^th April at 14.17 it stated that the customer refused delivery. At 14.28 it updated to say there was a problem with the address and at 14.32 updated to say the customer had refused delivery. At 14.35 updated again to say it was being returned. Last entry was on the 7^th April that it was being processed at the depot.

We never received it.

I have had six web chats with P2G between the 4^th-30^th April. On the 26^th April, I had an offer of £20 plus cost of delivery (£6.72) from P2G which I rejected.

During this time, I also contacted Evri that resulted in an email from Evri Customer Services (20^th April) stating that they had lost the parcel. I replied requesting details of the attempted delivery but received no reply. After emailing Evri again on the 23^rd asking again for the information I received a phone call from someone called Haleemah on the 25^th who apologised and promised to send an email with a link to submit a claim form. I subsequently received an email with the link which only took me to a page that stated “Page not found”.

After informing Evri customer services of the problem (to which no reply was forthcoming) a couple of days later I retried the link but it only took me to the Evri website.

I believe that I have a good case against both companies but would appreciate guidance on which path to go down. I have read most of the information on this site, which has been very helpful and much appreciated, particularly the various court transcripts. I appreciate that this process is a marathon and not a sprint and am fully aware that I need to get everything in the correct order before starting on the legal road.

I am sure this covers the current position but if further info is needed please let me know.

 

[BankFodder]

Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract.

I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why?

Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?

[Madmart58]

Appreciate your response BankFodder.

I am aware that the Consumer Rights Act does not apply in my case as I operate a business and, instead, should rely on the

Supply of Goods and Services Act and Unfair Contract Terms Act 1977.

I was a little unsure as, when I read the judgement of Hashim Farooq v EVRi Parcelnet, July 2023 I presumed that,  as Farooq had supplied

laptops through Amazon,  the Consumer Rights Act would not apply but the judge refers to it in Section 22 as to why the claimant

should be given judgment. Have I read this correctly?

The reason for not offering full reimbursement was because I did not take out insurance for the full value.  In regards to correspondence from

my customer,  I have emails from her in my timeline stating that she was waiting all week and that no one attempted delivery.  I have no doubt

that she will be willing to corroborate the events with a written statement.

[BankFodder]

Okay. I suggest that you begin by getting a written confirmation of the evidence you have – in other words a written statement from your customer confirming that he did order from you, what it was she ordered, how she paid, that the delivery failed even though she waited in for XXX days.

Did she receive any email notification of the forthcoming delivery? If so you want to get hold of a copy of that. Did you reimburse her? Confirmation from her that she was reimbursed by you £XXX.

Any other evidence you can get all statements from anybody – get it in writing. Get it now so that you are fully prepared and you don't need to go back and ask later after you have committed funds to bringing a claim.

Draft a letter of claim setting out your case and what you are asking for – and a timeline of 14 days after which you will issue the claim.

Don't expect them to respond to this with any thing positive. This is simply a formality. You aren't bluffing. On day 15 you will issue the claim. If you have any doubts and we stop now.

[Madmart58]

Thank you BankFodder.

I will do as you suggest to get everything in writing first and will construct the letter of claim over the weekend.

Is it best to use the format for the letter of claim as the one on this website?

Lastly, did I read the judgement correctly for the Farooq judgement as its not quite clear to me which act I am covered best by?

[BankFodder]

The 1982 act And the 1977 act

[Madmart58]

Thank you.