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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Evri lost delivery of £255 laptop


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Hi,

I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items. 

From what I gather the initial steps after having exhausted evri's own lost item claim process is to draft a Letter of Claim,  I think it is called and to register with the government Money Claims. 

I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right.

Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them?

Let me provide some basic details which I hopefully have addressed in the letter.

I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through. 

They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase. 

On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter. 

As mentioned in the letter they could not give me or sell me any insurance because laptops are on the non-compensatory list, I just paid the normal delivery cost. 

It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since. 

After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim.

I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first? 

I believe 14 days is the reasonable period of time for them to respond, if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair? 

And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that?

Sorry for all the questions, I want to make sure I go about it properly. 

I'll continue to read through other cases on here so I can get an even better handle on the process.

I attached a LOC, happy for any edits or updates that will make it even better.

Thanks so much for anyone's help!

Regards,

Matt

 

Evri letter of claim.pdf

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Before you start this claim you need to have a lot more confidence in what you're doing which means that you need to understand the way forward in the principles involved more thoroughly.

We will help you and you will probably get your money back but this is a self empowerment forum and so you have to do your bit as well.

Please will you spend at least the next couple of days reading through the stories on this sub- forum. Try to understand them thoroughly. We have lots of stories very similar to yours but even those which are not similar, have principles in them which apply.

In particular you need to read and understand the information in the pinned topics at the top of the sub- forum.

I know that you have been reading around here for the past couple of hours but it needs a lot more.

You aren't in a huge hurry. Wait a few days before sending a letter of claim and also that needs some amendment as well.

Come back here when you've done your reading and then we will have a look at your letter of claim and help you to refine it

Also, please tell us the value of the laptop. Was it properly declared as a laptop – and was the value properly declared

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Hi BankFodder,

Thanks for the reply.  I will take your advice and read through more thoroughly.

To answer your question, the value of the laptop is £255. 

When filling in the online form to prepare the shipment it asked what the contents of the parcel was and the value and I specified "laptop" and "£255".

Thanks.

  • Thanks 1
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  • dx100uk changed the title to Evri lost delivery of £255 laptop

security tip.

dont use DOCX file when on anon forums.

all your pers details are in file info/properties

now a PDF

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh gosh, thanks for letting me know and replacing Word doc with PDFdx100uk! I was trying to get the wording right I didn't think about that. cheers.

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  • 2 weeks later...
Posted (edited)

Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL. 

I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!). 

I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it.

I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review. 

The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"?

I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop. 

On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items.

Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi

Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.

 

Thanks for everyone's help!

Letter of claim and MCOL Particulars of Claim.pdf

Edited by BankFodder
Restructured post to make it readable
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Firstly, please will you note that when you post solid blocks of text, it makes it very difficult for people to read – especially on a small screen such as a telephone.
The first post you made has already been restructured with paragraph spacing by the site team.
Everything we do is free – and would be pleased not to have to do this kind of thing again.
I'm restructuring your most recent post is well.

I've looked at the four-page document you have posted above. I only want to deal with the letter of claim so far.

We know that laptops are on the non-compensation list – and as you have referred to that, you may as well then go on to make your legal points and explain why the non-compensation list is irrelevant.
Of course Evri are monitoring the thread so they will know about it anyway.


But the whole point is that not only would the insurance requirement – had it been available – have been contrary to section 57 and that it would have been an attempt to exclude or limit liability, also trying to include a huge list of items for which they say they will not compensate you if the fail in their duty to exercise reasonable skill and care is also a breach of section 57.

Particularly, as you declared that it was a laptop. They then effectively alerted you that it was on the non-compensation list. This was the equivalent of alerting you that you should be careful because even if the breach the delivery contract and failed to exercise reasonable skill and care, because it is a laptop, they will exclude liability and even though that is contrary to section 57 of the Consumer Rights Act and therefore unenforceable.

So in effect they are committing two breaches of contract. First of all they have failed to exercise reasonable skill and care – breach number one. They then have attempted to exclude liability for their breach number one – and that then becomes breach number two.

In fact the bar is raised even more because they have the option to refuse to take the laptop because you declared it. They still were prepared to carry it. Not only that, if they consider that there is some additional risk in carrying a laptop then being alerted they should have taken extra reasonable skill and care.

In other words, being aware of what they were carrying impose on them a greater duty of skill and care than they would be required to exercise, say, delivering a hairbrush.

And then to top it all, – in case we need extra help – not only is their non-compensation list and their agreement to carry your laptop without any liability a breach of section 57, the use of a non-compensation list where they knowingly accept to carry those items and yet disclaim liability for their own failings is an unfair term contrary to the unfair terms provisions of the 2015 Act.


Therefore I suggest
 

Quote

EVRi
Capitol House,
1 Capitol Close
Morley
Leeds
LS27 0WH
Dear Sir/Madam,
LETTER OF CLAIM
PARCEL REFERENCE NUMBER REFERENCE: ……

Please note that I do not consent to any duty of confidentiality or without prejudice obligations unless you have agreement in advance from me in writing.

On 27 April 2024, I used your service to send a parcel containing a laptop I purchased through Amazon.co.uk’s marketplace and intended to return to the seller for a full refund using Evri’s delivery service with the above reference number. I was unable to purchase insurance through Evri because the laptop was under the compensation list and neither the free cover nor the full cover paid option were available; indeed no insurance option was presented to me.
The parcel never arrived at its intended destination, the last scan by Evri showed it had been collected from the Parcelshop on 29 April 2024. I inquired via email with Evri’s Customer Care Department and they finally confirmed on 11 June 2024 that they’ve concluded their investigation and that the parcel cannot be located.

Your non-compensation list is a disguised attempt to exclude or limit liability for your breaches of contract where you have failed to exercise reasonable skill and care. This is contrary to section 57 of the Consumer Rights Act 2015.
Furthermore your non-compensation list amounts to an unfair term of your contract and within the meaning of the unfair terms provisions of the Consumer Rights Act and in particular where the characteristics of a listed item cannot possibly have any bearing on the risk of an item being lost by you as a result of your failure to exercise reasonable skill and care.
 As such, your non-compensation list amounts to an unenforceable term of your contract.
I would also point out that even if I had an opportunity to purchase insurance, your insurance product is unregulated and in any event unenforceable as a secondary contract within the meaning of section 72 of the Consumer Rights Act.

You are fully aware of this as there have been some persuasive judgements in the County Court's and if this matter goes to trial, I would remind you that it would be dishonest of you not to acknowledge their existence.

The item you carried for me was fully declared as a laptop and therefore you had ample opportunity to refuse to accept the risk but you did.


Furthermore, if you feel that there is an additional risk in carrying a laptop then it seems to me that it obliges you to exercise a greater duty of skill and care then you might be expected to apply if you are delivering, say, a hairbrush, rather than attempt to disclaim liability completely for your failure.

As Evri cannot locate the parcel, it cannot demonstrate that it has managed the delivery of my parcel with reasonable care and skill while in its possession. Evri’s terms are unfair and unenforceable.Therefore, I am pursuing a claim for the following.

Value of item = £255 + Postage £7.94 = £262.94
Total loss to me (amount of claim) = £262.94 + any applicable Interest

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, unless you reimburse me in full for my losses as listed above, 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,

have a look at what I have suggested above. Ask questions. Make sure that you agree with everything. Everything is true and correct.
Let us know if you think that there should be anything else or if anything should be left out

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Incidentally, don't imagine that your reasoning above will make an iota of difference to Evri. In fact they are probably not even capable of understanding it.

However, you must understand the reasoning. This is essential because you will be bringing your case. It is highly likely that it will go to trial and you will have to have sufficient control over the law and the logic to be able to put it to the judge in a persuasive manner and also to answer the judge's questions in a competent fashion.

You will have to issue a legal action so once you have sent the letter, start preparing your particulars of claim. Let's do one thing at a time.

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Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out.

And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim.

I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock.

Thanks again,

M

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jk2054: I have ensured there's not reference to the third party rights in the updated letter of claim.

BankFodder: thanks for the edits and information. I understand the Consumer Rights Act prohibits EVRi's attempts to avoid liability in their duty and care of accepting to deliver my parcel according to Section 57.  They have accepted to carry my parcel even though I have identified it as a laptop and specified the value so they must take reasonable care to deliver the parcel or face the consequences if it were lost as it seems to be in my case!

I hadn't originally referenced Section 72 because of EVRi didn't offer any insurance whether free or for me to purchase. I understand that if I were to have any sort of insurance from EVRi then Section 72 refer to the rules of such secondary contracts. Is this section indicating that the insurance may reduce my rights or remedies to recourse to full compensation if I had been offered and purchased such insurance?  Is it beneficial to include this in the letter of claim (and subsequently reference both Section 57 and 72 in the MCOL?) although it might not be pertinent in my case?  Perhaps this is just to reinforce that in general EVRi and other couriers are taking such liberties with their customers so it is to send a message that they are breaching both sections?

I made a few minor edits to the letter of claim but mainly grammatical type stuff and to keep consistent font, black colour, but the edits you provided are included and are extremely helpful and are putting me in a good position to email and post the letter to EVRi this week and get the ball rolling.

Thanks.

Evri letter of claim.pdf

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  • 2 weeks later...

LoC was sent off via email and post (tracked, they recieved it next day) and got an email response just stating:

I have conducted an extensive search and unfortunately, our tracking system is currently unable to locate your parcel. Due to the amount of time that has elapsed since we last received a tracking update, I must unfortunately deem this parcel unaccounted for.

Parcels go through several handling and transportation processes and on rare occasions this may happen. Please follow your own processes for parcels that are lost.

Please accept our apologies for the inconvenience caused to both yourselves and your customer by this.

If you need anything in the future, please contact your Evri Customer Service Team and we’ll be happy to help.

Kind regards,
Evri Customer Services
 

14 days elapses on 16th July so waiting to see if they respond further during that time then can move on to next steps.

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