Evri refusing to pay for lost item

[Highmarge]

Hi, new here but hopefully I’ve read up what I need

 

Story so far:

sold a camera lens on eBay for £220 plus postage £6.92 on 12 november

royal Mail were on strike so i decided (foolishly) to send via our local Evri drop off shop , cost £11.68 for next day delivery 

 

Dropped off at said shop 15/11 and obtained receipt.

didnt get any emails with tracking so started incident on 18/11.

looks like it was never picked up? 
 

no joy , so after various messages via Evri support they admitted it was lost and to fill in a claim form.

 

Meanwhile EBay buyer has opened a claim and I am now down full cost and postage.

 

Today I’ve had an email stating that Evri will not refund as the item (a camera lens) is on their non compensation list. Even though it’s lost not damaged.

 

I’ve emailed back stating that it’s unlawful and unfair and will be claiming on small claims court.

is there anything else I need to do? 
thanks 

 

 

Evri - The New EVRi Cheap Parcel Delivery & Courier Service.pdf

[BankFodder]

Please spend a lot of time reading many of the stories on the sub forum. You may need a couple of days to do it .

 

 

Once you're ready, draft a letter of claim and post it here before you send it off.

 

 

Did you pay for their so-called insurance ?

 

Was the lens properly declared and also was the value properly declared?

 

[Highmarge]

Thank you

 I declared value and item, I paid for next day delivery so that’s why it cost £11 + 

I’ll check the letter of claim certainly 

thanks 

Also is the letter of claim the same as the claim via small claims court? 

Edited December 14, 2022 by Highmarge
Missed a question off

[BankFodder]

Yes it is the same. But the fact that you are asking this question shows that you haven't done any of the reading yet .

 

 

We will help you get your money back but this is a self-empowerment forum and you will have to make sure that you understand what is happening so that you can contribute to your own success and also be confident about what you are doing .

 

Please do the reading. Be thorough so that you understand everything and then come back here

 

 

[Highmarge]

Enclosed is my letter of claim for perusal

 

I will of course print out any necessary documents to accompany my letter 

 

[BankFodder]

Where did you get that template from please?

It really is far too involved. I wouldn't refer to the fact that you are a business seller. This could produce complications.

Why are giving them 28 days?

[Highmarge]

I got this template from which website

And I thought 28 days was the norm

and I don’t state I’m a business seller? I sold the item in my personal eBay? 

 

This is the link, seems straightforward to me. 

Letter before small claims court claim - Which?

WWW.WHICH.CO.UK

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If you're considering court action, a letter before claim must be sent to the party you're taking to court. Use this...

 

[BankFodder]

This suggests that you are a business seller – trading on eBay

 

Quote

I sold an item (a camera lens) on Ebay at a total of £220 plus postage of £6.92. As Royal Mail were on strike I decided to use my local Evri drop off shop. I purchased the cost online via the  app and paid £11.68 for next day delivery. Dropped off at the parcel shop 16/11/22 and obtained a receipt: tracking on receipt: P1763134.

I did not receive any further emails which concerned me so I contacted my buyer and they confirmed that the parcel had not been received. The tracking was not updating so I opened a query on 18/11/22.

 

I suggested that you read heavily on this sub- forum and instead you appear to have gone to the Which? website.

 

I think you should do the reading I have indicated and then when you are ready on Monday you will understand what to do and the kind of letter of claim should be sending.

If you prefer to take guidance from Which? then you should probably stick with them and I'm sure you will find them very helpful as they guide you through the entire process.

No point in relying on two different sources because there can be conflicting advice and that will lead to confusion on your part.

And no, 28 days is not the normal

[Highmarge]

Ok, I’ve read through lots of posts in this group, there doesn’t appear to me to be a template letter as a personal seller on eBay, which is what I am. 
that is why I googled a ‘letter of claim” 

and this is what I found. 
thanks anyway 

[BankFodder]

That's right, there are no templates.

The thing to do is to have a look at the letters of claim which have been suggested to people or which people have posted up in draft form and use that as a guide. Also, if you read the stories you will start to understand the way that your claim will go. Additionally, if you follow the link – EVRi – you will understand the principles involved.

We can certainly help you get your money back but this is a self empowerment forum but we give very close guidance and as you probably realise, we never lose a single case.

So it's up to you to put in some of the work, think about your draft letter of claim and then come back here on Monday and post it up and we can take you through to the next step.

As I've already said, if you prefer to go and get help from the Consumer Association – Which?, then you should stick with them until you get a result or else you decide that they aren't giving you the close guidance that you think you need.

In which case you're welcome to come back here.

I think you have to decide which horse you want to ride

[Santorini]

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?

[Highmarge]

Ok thanks, I’ve taken your points on

csn I delete my file? 

[BankFodder]

It's done

[Highmarge]

Ok thanks, I’ve taken your points on

csn I delete my file? 
 

I am in the process of doing a new letter of claim, so will post again but with no details… thanks for your advice 

[Highmarge]

Here is my amended letter of claim, I realise my previous one was too complicated etc.

I hope this one has the correct wording and details needed? 
 

that’s is for everyone’s help

Evri.pdf

[Santorini]

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 7^th December to my Formal Complaint emailed 5^th and posted 6^th 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."