Another Evri complaint

[GreenestMan]

Hi all,

 

I've read a bunch of posts so I know this is a familiar story.

 

I've been using EVRi/Evri successfully for the last 4 years and only had one parcel go missing in that time.

 

However recently had a second go missing that was worth a substantial amount. I began the complaints/claim procedure and despite submitting all of the evidence the requested, they would not accept my proof of sale.

 

It was the customer invoice direct from my webpage, literally the only evidence of sale that I had. They finally closed my claim because I didn't respond in time and never justified why the wouldn't accept my proof of sale.

 

 

I followed the advice and emailed the CEO and thought I was getting somewhere, dealing with a named customer service rep. However this didn't get anywhere and rather than accepting my evidence and compensating me for my loss, they said they'd enquire with the local depot.

 

I'm back to square one.

I just wonder what my next options are. I've emailed to say that unless I receive compensation I'll be forced to involve the Ombudsman with my final option being the opening of small claims complaint. Are these the correct next steps? I'm loathe to just drop it.

 

I've read that I'm to submit a letter of claim, but I'm not sure what needs to go into that letter. Is there a template somewhere? Do I give them a deadline before submitting my claim via Money Claim online?

 

Thanks in advance for any advice, I'm clueless on these sorts of things

 

[BankFodder]

Please will you tell us more about the parcel.

Date, contents, value,.
Were the contents currently declared? Was the value correctly declared?
Can you clarify as to why they have refused to reimburse you.

Don't worry about the so-called ombudsman. It's limp wristed and will take a long time for a very uncertain – and probably non-favourable result.

The County Court is the only way.

Please start up by doing some thorough reading of the stories on the sub- forum. This means more than a "bunch of posts". Make sure that you understand the principles involved and the route that all the successful claimants take.
In particular – follow the link – EVRi – to understand basic principles and also why the insurance requirement is unenforceable – assuming you decided to buy their insurance.

I expect it will take you well over a day to complete the reading. By the time you have finished you won't be clueless any more.

Answer the questions above please after that come back here when you're ready

[GreenestMan]

Hi there.

 

I sent the parcel on the 4th September and was made aware that it hadn't arrived by my customer on the 21st.

 

I launched a claim with them on the 26th. It's worth noting that I created my order via their bulk buy facility on their sister site international.EVRi.com.  This becomes an important factor further on.

 

The contents were educational resources; 90 small booklets for use with children in educational settings. Nowhere near anything on their prohibited list! The order value was £450, however their cost to me was £150 pounds.

 

I think this might be the main bone of contention and why the have so far refused to reimburse me for the loss. I only insured the items for the cost to me rather than the price the customer paid as obviously all I need to do is cover my losses and to insure for the £450 rather than the £150 is cost prohibitive for my business.

 

Having provided all the evidence they requested I was told that they couldn't accept my proof of value, which was a screen grab and latterly a PDF of the customer invoice from my website.

 

The reason given was "Proof of value – What we need as proof of value is the financial transaction. This can be a purchase receipt, bank statement, eBay auction screen shot showing the sold item in “MyeBay” or a transaction page from Pay Pal. Unfortunately, we cannot accept any hand-written receipt or a word document stating the value." 

 

This left me in a predicament as the only proof of value I receive is that which I had submitted to them.

 

I resubmitted the same document with an explanation regarding the discrepancies mentioned above and got the same response. They then closed the case whilst I was on holiday abroad which is when I contacted their CEO and entered into the dialogue mentioned in my OP.

 

They seem to be trying to insinuate that I booked the service via Etsy for some reason, (my latest response from them included; "please proceed through ETSY as this is the platform the label was booked through")although I booked it directly with Evri on https://international.evri.com/ .

 

On investigation it does say that this service is "Evri Parcelshop Etsy" although as stated above I booked it directly via Evri's own site. I don't deal with Etsy in any way, shape or form.

 

I have read the EVRI document linked to above and can't see any reasonable cause for their denial of reimbursement. The items weren't booked via a third party, although as above they seem to be disputing that.

 

The items weren't on the prohibited list. The items weren't on the non compensation list. The items were insured to the value of £150 (although from reading the material you pointed me towards, I can see that insurance isn't necessary).

 

The only reason I can imagine for non reimbursement is because the amount I insured the items for (£150) doesn't correlate with the proof of value I provided (£450). That said I haven't claimed for more than the proof of value, but 66% less so I can't understand the issue.

 

I will write a letter of claim with a deadline for response and compose a claim on money claim online although if you can point me towards any resources to support me in writing the letter of claim, I'd be very grateful.

Please let me know if you require any further information, I'm determined to reclaim what I know I am rightfully owed.

 

Cheers

[BankFodder]

We will help you claim for any sum that you feel that you would like to try.

But I'm afraid that in terms of the resale value of the items, you underinsured it.

The insurance is not an issue but the important thing is that you underdeclared the value .

 

When two people enter into a contract , they raise certain expectations in each other and their liability is based on those reasonable expectations which have been created by their contracting partner .

In this case, you created in EVRi the expectation that they would be responsible for your goods to the value of £150 .

 

Effectively the contract was that you would pay £xxx and in return they would carry all goods value. £150.

 

You are completely correct to assume that they have committed a breach of contract by losing your goods, but I would say that your chances of recovering the full value of the goods- meaning the enhanced resale value which was not declared at the time the contract was made are vanishingly small .

 

Your chances of recovering the declared value are pretty well 100%, although I expect that you will probably have to bring a court claim for it.

 

On the other hand, if you appear to resile from your initial position that you want, £450 and EVRi have a sense that they somehow have gained an advantage and saved some Face, you never know they might pay you out without having to bring the court claim .

 

As a general comment, the insurance is completely irrelevant and unenforceable.

 

Underinsuring is a waste of time and money.

There is no need to insure anyway as it is simply a trick from the courier industry to make you think that if you don't insure that you have no rights.

They also bring the courier industry a bit of extra revenue for doing absolutely nothing at all.

 

Undervaluing at the time that the contract is made is also useless. It simply means that you reduce the risk for your contracting partner and if the contract goes wrong as is the case here, it is only the contracting partner who benefits from your undervaluation .

 

 

It actually might have been better if your purchaser had brought the action, but in any event they would have had to correctly declare the value in order to recover that amount of money.

 

[GreenestMan]

Hi

 

I'd be more than happy to only receive the £150 back that I insured the parcel for, it covers my losses and costs which is why I was happy to insure it for the lower price. I'm not looking to profit from it and still have the monies paid by the customer as I sent a replacement.

 

Am I correct in thinking that my next step is to issue a letter of claim? Are there any threads on these forums detailing how such a letter needs to be structured?

 

Thanks for your help in this, it really is invaluable.

 

Cheers

 

 

 

 

[dx100uk]

yes 100's

use our enhanced google search box

 

evri letter of claim.

 

dx

[BankFodder]

Post a draft letter of claim here before you send it off

[BankFodder]

Also, please could you post up the message which you received from EVRi rejecting your claim

[GreenestMan]

Hi, here is the message I received from Evri rejecting my claim. I received this twice. The document in question was a copy of the sales invoice my web page generates upon a sale. There was no reason given as to why it was considered invalid proof.

Quote

 

"Thank you for your recent communication.

We’re writing to let you know we’ll be needing more documentation with regards to your claim against ***********.

Unfortunately, not all the documents you submitted were approved. We’ll need you to upload the correct documents to progress your claim.

 

Document Rejection Reason
Proof of value – What we need as proof of value is the financial transaction. This can be a purchase receipt, bank statement, eBay auction screen shot showing the sold item in “MyBay” or a transaction page from Pay Pal. Unfortunately, we cannot accept any hand-written receipt or a word document stating the value.

What happens next?

Please re-submit the required information to help our claims team process your claim as quickly as possible."

 

 

I've had a further message today insisting that the label provider is Etsy, despite the fact that I booked the delivery on the international.EVRi.com site and that I made my payment to Evri.

[dx100uk]

who from

post it up .

 

dx

 

[BankFodder]

 

 

Quote

Dear XXX

 

Letter of Claim – reference number xxx

Thank you for your recent letter dated XXX9 my claim on grounds of documentary evidence.

The evidence I have supplied more than adequate and I'm sure that it will satisfy the court.

I do not have reimbursement in full within 14 days then I shall sue you in the County Court for the value of the lost as declared to you plus costs of delivery plus court costs plus interest and without any further notice.

Believe me

Signed
 

 

 

[GreenestMan]

That was the reply when I opened an internal claim and submitted the required documents (screenshot attached)

evri.pdf

 

Thanks for that, it's really helpful. Do I address it to the CEO or the person (or one of the people) I've been corresponding with. 

This is the address I have for Evri, is this the correct one? 

Evri Executive Office

Evri 1 Capitol Close Morley Leeds LS27 0WH

[BankFodder]

It doesn't really matter who you address it to – as long as you get it through the door.

Knowing EVRi they will probably lose it in their own internal mail system anyway.

 

Either way, this is not bluff.
If you think that this is going to move them to pay you then don't send it.

You will definitely have to issue your claim on day 15 so open an account with the County Court MoneyClaim service and start preparing your claim.

Post your draft particulars of claim here before you click it off on day 15

 

[GreenestMan]

Yes, I can appreciate that the letter is merely a formality at this point.

I'll follow up on the rest of the action points.

 

Thanks again for your help

[BankFodder]

It may be a formality – but it is not cosmetic

[GreenestMan]

I made the following adjustments to the letter and will send it by post and email tomorrow.

 

"Dear Sir/Madam

 

Letter of Claim – reference number ***********/ Claim reference  #*******

Thank you for your recent letter dated October 20^th rejecting the evidence provided for my claim on grounds that the evidence I have supplied does not satisfy your requirements. The evidence that I provided is more than adequate and I'm sure that it will satisfy the court.

I have further tried to pursue this claim with a number of your customer service teams (correspondence dated 9/Nov, 10/Nov, 18/Nov, 20/Nov, 21/Nov) but have not been able to resolve the matter.

I do not have reimbursement in full within 14 days then I shall sue you in the County Court for the value of the lost as declared to you plus costs of delivery plus court costs plus interest and without any further notice.

 

Signed"

[dx100uk]

1 hour ago, GreenestMan said:

I've had a further message today insisting that the label provider is Etsy, despite the fact that I booked the delivery on the international.EVRi.com site and that I made my payment to Evri.

who said this crap?

[GreenestMan]

3 minutes ago, dx100uk said:

who said this crap?

 This is from the Executive Customer Service team that took up my complaint following an email to the CEO. I think this is the 4th different person to email me now, just taking me round in circles to be honest

[BankFodder]

But now that you are sending off your letter of today, you aren't going round in circles any more, are you?

[GreenestMan]

I've just had a phone call from Evri stating that I don't have a claim against them as I used the International.evri.com site and so my contract is with Parcel2go? I contested this as I made payment to Evri and was directed to the Terms and Conditions page where it states;

 

Evri International Terms and Conditions

 

COMPANY DETAILS

The Evri International website is operated by Parcel2go.com Limited(with company number 02591405) under the Evri brand  (which is a trading name of Evri).

 

This means that if you use this website you are contracting with Parcel2go.com Limited rather with Evri.

 

The registered office address of Parcel2go.com is Coe House, Coe Street, Bolton, BL3 6BU, United Kingdom.

 

Please contact Parcel2go.com Limited via https://international.evri.com/help-centre/livechat if you need to contact us about our services including if you need to claim for a lost or damaged parcel. 

 

I'm not sure where this leaves me in terms of sending my letter of claim (which I was taking to the post office today)

[BankFodder]

Have you issued the claim? Or just sent the letter of claim

I see. It was the letter of claim .

A letter of claim to each one of them. Simply copy it out to each one and make sure it's correctly addressed

 

[GreenestMan]

Not sent yet, it was due to go today but they rang me on the back of my back and forth emails and now I don't know where I stand. Is it them I should be pursuing or Parcel2go, given the terms and conditions above?

 

 

[dx100uk]

yes do both

P2G sometimes cough at LOC stage.

 

its all done to confuse you, on purpose which is why we say never use email  nor speak on the phone.

 

writing only!

 

dx

 

[GreenestMan]

So issue the letter of claim to them both? Can I do that?

[BankFodder]

Yes of course. You will only issue the claim to one of them but we can figure out which one as we go along .

I will have to have another look at what has happened.