@DxnM I'm following your case with great interest as I'm a few weeks behind you. My claim was sent to them 4th Jan.

Yes do a chargeback. However Waitrose's returns policy says you can arrange a collection from home and does not say that there is a minimum size or value to obtain this. So a bit out of order here. I'd be tempted to quote that too them and say that unless they arrange a collection you're going for a chargeback. "How do I return an item/items? You may return your items(s) via any Waitrose & Partners (except branches in Welcome Break; the Channel Islands; Scotland; Wales; Foodhalls at John Lewis & Partners; and Waterside). Simply take your item(s) to the branch Welcome Desk along with the delivery note. You'll receive an email to confirm when we have received the item/items at our Cellar by Waitrose & Partners central warehouse. Then we will refund you as promptly as possible but usually with 7 days of the goods being received at our central warehouse. Alternatively, we can arrange for your item(s) to be collected from your home. Please contact us (see delivery note) and we will arrange for a courier to collect the item(s), usually the next working day (we are unable to make collections on Saturdays, Sundays and Bank Holidays). We will refund you as promptly as possible but usually with 7 days of the goods being received at our central warehouse."

Thanks. I did quite a lot of r4search on here before Christmas and forgot. I should have checked back at my notes first before asking here.

Update: filed the claim today. Longer than 14 days but waited until after the Christmas break. A bit of a nightmare editing it. It was well within the character count but their lines and half ones you type yourself. Also they add the bit about claiming interest to your POC. I did not see anywhere to say that I'd go to mediation. does that come later?

I would say that's fine. Hope @BankFodderagrees. With advice from BF, mine was even shorter as the LoC will be ignored. I'm only one step ahead of you. My approach to the County Court is on the 27th Dec. "Thank you for your reply on the 7th December to my Formal Complaint emailed 5th and posted 6th Dec. I know that you have third-party responsibilities under the Contracts (Rights of Third Parties) Act. You know it as well and I know you know it. If I don't get reimbursement in full within 14 days then I will start a County Court action against you and without any further notice. Believe me."

Highmarge - I had a look at your Letter of Claim and agree with BankFodder on his points. But also your details are on it and that's not wise. Best to be anonymous on here. @BankFodder should this be edited?

Sorry, yes. Ongoing thanks to you and BankFodder.

OK thanks. But I can't add the total interest claimed as I don't know when settlement will happen. I'll only know the amount from 17th Nov-17 Dec.

Yes I did check that so I'll work out the interest from when it went missing (17th Nov) to claim date (17th Dec) on the item+delivery fee. So that the Court is clear should I word it something like? The Claimant Claims: the full value of the item £XXX the delivery fee of £XXX Court Claim Fee £XXX the total sum being £XXX interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of loss to the date of issue, on the £271.92 claimed before court fee is added, namely £xxx, incrementing £XXp per day till settlement.

That looks clear and I have used this for the next draft. Just taken out the numbers unless you think they should stay in. Just realised that I put the tracking number in my previous post. Please can you delete for me as I can't. On XX date the claimant contracted the defendants via Packlink to deliver a parcel to an address within the UK. Item Value: £XXX, Delivery fee: £XXX. Tracking number XXX By 1XX the defendant had failed to deliver the parcel, On 2XX, the defendant confirmed the parcel was lost. On XX and on XX the defendant refused to deal with a loss complaint stating the claimant purchased the delivery service via a third party. The claimant is seeking reimbursement by exercising their rights under the Contracts (Rights of Third Parties) Act 1999. The Claimant Claims: the full value of the item £XXX the delivery fee of £XXX Court Claim Fee £XXX the total sum being £XXX interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of loss to the date of issue, namely £xxx, incrementing £XXp per day till settlement. 915 characters leaving a few to spare if the claim is more complicated than mine.

So is this all I need to say when I can submit the claim. Thanks in advance again. On the 15th November 2022, the defendant agreed to deliver a parcel value £265, to an address in the United Kingdom. Delivery fee: £6.92. Tracking number XXX. The defendant failed to deliver the parcel, and confirmed it lost on the 28 November 2022. The defendants have refused to deal with the claim as the claimant purchased the service via a third party. The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999. The claimant claims full reimbursement of £271.92 (item value plus delivery fee) plus court fees and interest pursuant to section 69, County Courts Act 1984.

Oh yes! Slaps face with a wet flannel. So glad you are on the ball!

Thanks - so taking up your edits the claim looks like this. Is there anything else I need to say? I could put in other dates etc. On the 15th November 2022, the defendant agreed to deliver a parcel value £265, to an address in the United Kingdom. Delivery fee: £6.92. The defendant failed to deliver the parcel, and confirmed it lost on the 28 November 2022. The defendants have refused to deal with the claim as the claimant purchased the service via a third party. The claimant is exercising their rights under the Contracts (Rights of Third Parties) Act 1999. The claimant claims full reimbursement of £271.92 (item value plus delivery fee) plus court fees and interest pursuant to section 69, County Courts Act 1984.

I don't believe the CEO ever read the email but his team did. And I do believe they tried to find it. And the guy I spoke to and the emails were very friendly. On a Facebook group about problems with Evri people have had their items delivered using this route. It's just when the item is lost/stolen do Evri become ... hmmm ... <swear word>. Subject line was Please help - lost parcel in NW England <parcel ref number>

Hi, I got an email on the 22nd asking for information on the contents and any photos, which I had for EBay and how I packed it which I was able to describe. 26th email saying they were still looking. 28th the final email saying it was "unaccounted for" and I had to go to Packlink. I immediately complained that this was unfair. No response. I then moaned about it and sulked for a few days before starting research what I should do and found this group and the amazing help so far from BankFodder. I'm at the drafting my County Court claim stage.

Thanks that will be the 17th. The interest is 6p per day.

Hi kkd34, This is the email I sent 21st November had a reply and phone call the next day.

Try emailing the CEO Martijn De Lange, Martijn.deLange@EVRi-europe.co.uk When my parcel didn't move for over 7 days I emailed him and got an email back and a phone call. They did very and trace my package so you might be in luck.

I emailed and posted (special delivery) the Letter of Claim. Now looking at the Small Claims Procedure. I do this through MoneyClaim Online. I can claim interest (8%) - but not sure as to what the start date would be. On the amount of the phone from when I dropped it off at the Evri shop (15th Nov) or when it should have been delivered (17th Nov) or when they said it was lost (28th Nov)? Then do I also claim on the court fee of £50 from when it is paid? I can't put the interest in the total claimed as I don't know when reimbursement will be made.

Well 27th would be the earliest as I can't do anything on the 26th. Evri won't care - but would the Court if I don't give 14 days postal notice? I have to follow procedure.

Problem is, if I send tomorrow, 8th, the strike is the 9th so it would not be delivered on the 9th. Even it was received on the 10th (offices shut as it a Saturday?) day 15 from delivery would be 24th or 25th (do the days start the day after receipt?). I was trying to work out a date that meant day 15 is 27th onwards but the strikes make that difficult.

I was hoping that the "kind regards" would come across as sarcastic. But I'll leave it out.

OK thanks. I'll work out when to send it as I need to be able to start proceedings on day 15. Draft - which I will email copying in Martijn, CEO and send recorded/signed for. Making a note of the postage costs. EVRi Parcelnet Limited t/a Evri Capitol House, 1 Capitol Close Morley, Leeds West Yorkshire, LS27 0WH Parcel reference - xxxxxxxx Dear Sa'diyah, Letter of claim – reference number XXX Thanks your message. I know that you have third-party responsibilities under the Contracts (Rights of Third Parties) Act. You know it as well and I know you know it. If I don't get reimbursement in full within 14 days then I will start a County Court action against you and without any further notice. Believe me. Kind Regards, XXXX XXXX

Is this sufficient as a Letter of Claim. So I don't need to put in dates, amount claimed or that they have admitted to losing it which others have done. But then putting the same in a letter sent recorded signed for?

I have just received this reply to my emailed and posted Formal Complaint. My name is Sa'diyah,and I work in the Executive Team alongside my colleague, and I have been asked to respond to your complaint in their absence. I am extremely sorry to hear that your parcel is missing. I can appreciate how frustrating this must be for your and your recipient. I appreciate that you mention it us who have lost the parcel but as your label was purchased from Packlink, they are regarded as the carrier, which is why we ask to contact them and they will get in touch with us on your behalf. The best way to resolve this is to contact Packlink and we will liaise this with them and in turn they feedback to you. Should I respond with something like? "Thank you for your response to my Formal Complaint. You know, as I do, that I can sue EVRi Parcelnet Limited for the loss of my property under the Contracts (Rights of Third Parties) Act 1999. You will shortly receive by email and post a Letter of Claim. If EVRi Parcelnet Limited does not settle the full amount claimed within 14 days I will start Court proceedings. The amount claimed will include fees and other associated costs."