Packlink - Damaged Package £300 - insurance not paying despite Packlink accepting liability

[Williambelow]

I sold an all-in-one computer on Ebay last December for £299.  paid £7.91 +VAT using Packlink (on ebay) to have it shipped to the buyer.  item was properly wrapped, in accordance with Packlink shipping guidelines.

 

Upon arrival with the buyer, it appeared that the package had been mishandled/dropped and the computer had been damaged, irreparably. 

 

I refunded the buyer immediately and contacted Packlink initial back in late 2021 to report this - I sent them various photographs of the packaging and damage - as the delivery had been purchased with insurance. 

 

After considerable chasing, I received the email below (see original email at the bottom here) from Packlink on 10th February 2022, which apparently means that they accepted my claim and that it was being passed to their insurers for payment. 

 

On 16th February, I received confirmation that the matter had been passed to the insurers:

Dear xxxxxx, 

The claim is with the insurer, they are processing the refund with the documents we have sent them with your claim and proof of value, you will get an email when this has been processed and completed. 

Kind regards, 

Yessica García
Customer Service Advisor

eBay Delivery powered by Packlink 

 

I have been waiting ever since then and have chased Packlink numerous times by email. 

 

On 17th March, I received the following message:

Dear xxxxxx, 
 
I have checked this for you, unfortunately, we have not received a response from our insurer regarding the payment of your claim. 

We always aim to settle claims within the first thirty days, but we are still within the ninety day deadline to compensate you for this claim as stated in our eBay Delivery Powered by Packlink Terms and Conditions Clause 14b(h). 

https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions 

Rest assured that as soon as we receive a response from our insurance company regarding the payment of your case we will contact you. 

We sincerely apologize for the inconvenience and delay. 

Kind regards,

Yessica García

On 7th April, I received the message below:

Dear xxxxxx,

The claim at the moment is in queue with the insurer for the payment to be processed. We are working on getting your compensation as soon as possible. You will receive an email once this has been done.

We apologise for the inconvenience this is causing and thank you for your patience.

Kind regards,
Yessica García
Customer Service Advisor
eBay Delivery powered by Packlink

 

 

By my calculations, 90 days from 10th February takes me to 11th May 2022, so I should have received my payment by one month ago at the latest.  However, I have still heard nothing.  I have emailed Packlink several times over recent weeks, but have received no response. 

 

Any thoughts on where I should go next would be much appreciated!

Thanks

[dx100uk]

Forget packlink ..they are in Spain 

 

Go after the courier who is?

 

Dx

[Williambelow]

Courier was EVRi/Evri.  Problem is that I am not sure what paperwork I still have - and not sure if I still have any of the photos.   This happened last November - so when I got the confirmation that the insurance claim had been accepted (and I was just waiting for payment), I got rid of everything. 

[BankFodder]

First of all – for your benefit and for the benefit of anybody else who visits this thread, it was a bit rash to throw away all this important information and you should be less trusting.
Of course you know this now – but anyway you should wait until the money is in the bank.

Presumably you have a tracking number???

In which case write to EVRi and you may as well just go ahead and send them a letter of claim telling them that Packlink of accepted liability that they have failed to pay you out and so if you don't get full settlement within 14 days then you will begin a county court claim and you will be applying your third-party rights under the Contracts (Rights of Third Parties) Act.

Spend a day reading all the stories on the sub- forum – particularly those about the act of Parliament I've cited above and when you understand what the letter I have indicated means, then post a draft here so that we can see and then send it off to EVRi immediately.

Don't expect EVRi to take any notice and so get ready to issue your claim on the 15th day.

Then do lots more reading to see how it all works out. We will help you but you need to post your draft letter of claim here and your draft particulars of claim here so we can check.



 

[Williambelow]

thanks Bankfodder - you are right, it was definitely a bit rash!  

Appreciate your suggestion.  I'm a former lawyer (believe it or not, despite the incompetence with keeping my important information) - so am pretty familiar with the Rights of Third Parties stuff. 

will let you know how I get on.  

Cheers