Evri “loses” c.£15k of goods

[Big L]

Hello

 

First post here so please move this if needed.

 

Initially I want to understand if I have any chance of a successful claim.

 

I run an online store through Amazon using their Fulfilment by Amazon service. I use a third party warehouse who receive my goods and then prepare them for shipment to Amazon. Normal goods are shipped via UPS through their linked service but items classed as dangerous goods have to go with a difference service.

 

The majority of dangerous goods I ship are perfumes. The warehouse box all these items up and then arrange shipment to Amazon with Evri. They do not select to purchase the insurance.

 

In November/December 2022 there were about 9 shipments that never made it to Amazons warehouse. It’s too long ago for me now to be able to track them on the evri website. It says that they don’t recognise the tracking number. 

 

I haven’t totalled the losses in full but I estimate it’s got to be between £10k - £15k. As you can imagine, the boxes are fairly big so couldn’t have just been lost - someone’s enjoyed a free Christmas of some expensive perfume!

 

 just wanted to get something down to see if I have any chance?

 

What would be the first steps?

Would I be able to do it or would I need the warehouse that booked the shipments to do it? 

 

Thanks 

 

Big L

[Big L]

thanks you, will make a start on that. It will be pretty easy as it’s all recorded on what’s in each box. 
 

do you think each box needs to be it’s on claim? Or split them into November and December shipments to get it under £10k?

 

I’ve not considered claiming against the warehouse, they are closing down anyway so assume it would just go away when they do that?

 

Amazon have a 90 day period before a shipment gets closed.

 

I send a lot of shipments, filter by closed shipments, these have only just come onto my radar.

I banned the warehouse using evri from January so hopefully no more pop up.

[Big L]

Ok thank you. Just to let you know I have had a response from the commercial director to say he is looking into this. Is that a normal response?

[Big L]

Sorry too early! CD of Evri 

[Big L]

Mentioned above ^ 

 

Amazon have a 90 day timescale before shipments close and can be researched for missing items. They won’t do anything to do with the shipments until this has passed so I tend to just filter by “closed” and work on that list 

[Big L]

Yes that’s correct. 
 

I have a good relationship with the warehouse so I am 100% sure that they sent the items. 

The warehouse is Fastpack FBA.

 

I have invoices of all the goods, will be able to download the contents of each box with weights and dimensions of the box. I will also be able to get pictures of the box contents before they were sealed.

[Big L]

Update from the email to the director. He arranged for someone to call me today. She was from the Customer Services team and she said she was able to see from the tracking that most of the boxes never reached the courier to take them from the Evri depot to the amazon warehouse. So it was collected by Evri from Fastpacks warehouse, dropped and the Evri depot and never made it out. She said she would try to locate this but told me not to hold my breath. She said it was their busiest time of the year. She also said she spoke to a colleague who said that amazon dont always allow Evri into their warehouses to make deliveries so sometimes the parcels end up back at the warehouse where they build them up and deliver them all at once. She also said they try to return to sender sometimes but this hasnt been attempted with my parcels. She is calling back tomorrow with another update. 

 

Box values are below (found another one that has been lost so its 10). 

 

Box 1 - £1,089.11

Box 2 - £1,344.62

Box 3 - £1,116.80

Box 4 - £1,049.14

Box 5 - £495.60

Box 6 - £900.85

Box 7 - £3,000.63

Box 8 - £1,665.77

Box 9 - £1,271.47

Box 10 - £758.05

Box 11 - £1,685.05

 

Total: £14,368.09

[Big L]

Ok yep I have made notes on the call now and have read the customer services guide. 

 

Box 6 

 

Paco Rabanne 1 Million Gift Set for Men	2
Armani Code Woman Eau de Parfum - 30 ml	6
Emporio Armani Diamonds Eau de Parfum - 100ml	2
EMPORIO ARMANI Stronger With You Men Edt 30 ml	5
LancomeTeint Idole Ultra Wear 24H Wear & Comfort Foundation SPF 15 - # 04 Beige	2
Armani Emporio He Eau de Toilette Spray 100ml	5
Emporio Armani She Eau de Parfum Spray 100ml	1
Giorgio Armani Emporio Armani Diamonds Eau de Toilette for Women        5     Box 7  O De Lancome by Lancome Eau De Toilette For Women, 125ml  5 Roger & Gallet Jean Marie Farina Eau De Cologne for Women, 100 ml  4 Dolce & Gabbana Light Blue Pour Homme Eau Intense Eau de Parfum 100ml  4 Lalique By Lalique 100 ml/3.3oz Eau De Parfum Spray Perfume Fragrance For Women  2 Perles De Lalique 100ml/3.3oz Eau De Parfum Spray EDP Perfume Fragrance for Her  2 Lalique - White Pour Homme Eau De Toilette Spray - 125ml/4.2oz  3 Parfums de Marly Delina, 75 ml  4 Paco Rabanne 1 Million Deodorant spray, for Men, 150ml 8 Lancome Poeme L'Eau de Parfum Spray For Her, 30 ml  6 DIOR Sauvage Eau de Toilette 60 ml Men's Fragrance  5 DIOR Sauvage After-shave lotion Bottle 100 ml  3 Christian Dior CD Sauvage Men EDP Perfume, 60 ml  5 Dior Sauvage Eau de Parfum for Men - 200 ml  5 Christian Dior Sauvage Elixir - 60 ml  3 Lalique L'Amour Eau de Parfum | 100ml  3

 

 

Box 11

 Paco Robanne Lade Million x 8 
Issey Miyake Pour Homme x 3

Maison Margiela Replica Lazy Sunday x 2

Marc Jacobs EDT x 10

Versace 200ml Spray x 8 

 

 

[Big L]

Paco Rabanne 1 Million Gift Set V. for Men                                   8

Moschino Fresh Couture Pink Eau de Toilette 100ml Spray       1

EMPORIO ARMANI Stronger With You Men Edt 30 ml                 1

Calvin Klein Eau de Toilette Obsession Men                                  1

[Big L]

So some new updates today....

 

Spoke to the third party warehouse and they used a system to sendcloud to make the bookings with Evri. They have to upload values for each shipment and they broadly match mine listed above. There is usually insurance via send cloud but it has to be reported within 90 days - which as you know is the start date from when a shipment closes on amazon. I have asked the warehouse to confirm if they declare whats in the parcels so will update you but I am sure that they do. 

 

The parcels were all send under different tracking numbers. 

 

I didnt get a call back from the lady from Evri customer services who called me yesterday so I dont think she managed to finalise anything so will probably call tomorrow. 

 

I did get a call from the CEO complaints team, following an email I sent to the CEO. So I now have two different teams looking into the parcels. This guy also confirmed that the parcels never made it out of the Evri depot so the couriers havent stolen them. He did say that two of the parcels were with another party - I asked him what he meant by this and he said that they didnt have enough staff in that area so they essential outsource to someone else - he is calling them tomorrow and will update me in 72 hours. He also told me not to hold my breathe on anything be found and said no compensation would be issued as perfume is not on their approved list and is shipped at my own risk. 

 

Will update as soon as I have anything new

 

Thanks 

[Big L]

Yes

[Big L]

Which service do you mean? send cloud?

 

Been doing perfumes etc for 2 years. Do you want an estimate of shipments or any exact figure? And is it shipments only with Evri?

 

Would we do separate claims for each box? 

[Big L]

Quote

Had the call back from the Customer Services Team who was meant to call yesterday. I missed the call so they left a voicemail. They stated they have been investigating it but it was a difficult one for them as the Amazon part of it is not something they are used to. They said it has a lot to do with the Amazon warehouses as they cant deliver there as they wont let them in unless they are in a marked vehicle. (seems strange as the last two boxes above were part of bigger shipments where other boxes were delivered). They have spoken to the sendcloud account manager and I should be getting a call or email from them "to get this resolved". Evri have searched their depots and they cannot find the parcels so they are lost. She confirmed it would be send cloud who i would need to discuss the compensation with and they would then be compensated by Evri. She said she will try call me again this week to see if I have any other questions. 

 

Had the call back from the Customer Services Team who was meant to call yesterday.

I missed the call so they left a voicemail.

 

They stated they have been investigating it but it was a difficult one for them as the Amazon part of it is not something they are used to.

They said it has a lot to do with the Amazon warehouses as they cant deliver there as they wont let them in unless they are in a marked vehicle. (seems strange as the last two boxes above were part of bigger shipments where other boxes were delivered).

They have spoken to the sendcloud account manager and I should be getting a call or email from them "to get this resolved". Evri have searched their depots and they cannot find the parcels so they are lost.

She confirmed it would be send cloud who i would need to discuss the compensation with and they would then be compensated by Evri.

She said she will try call me again this week to see if I have any other questions. 

 

Also received an email today from the CEO team I spoke to yesterday: 

 

Good morning,

 Thank you for contacting our CEO, Martijn De Lange. My name is Mia and Martijn has personally asked me to investigate this matter on his behalf.

 I’m sorry to hear you have encountered an issue with your delivery, I can understand how frustrating this might be for both yourself and your recipient. I can assure you we are 100% committed to ensuring every parcel arrives safely, however each parcel goes through several handling and transportation processes and on rare occasions, this may happen.

 Unfortunately, we are unable to provide you with a claim form as Evri must be made aware of any issue relating to loss, damage or late delivery within 28 days of the parcel being received into our network, as stated in our Terms and Conditions, specifically 6.1:

 ‘6.1 We need you to notify us in writing of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order. The sooner you make your claim, the easier it is for us to investigate.’

 I’m sorry for any inconvenience caused by this, however, we will be unable to issue a compensation payment on this occasion.

 Kind regards,

Mia

[Big L]

Sorry i missed message number 26 so my response to that message below. Shipments dates below:

 

Box 1 - £1,089.11 - 5th October 

Box 2 - £1,344.62  - 14th October 

Box 3 - £1,116.80 - 19th December

Box 4 - £1,049.14 - 5th December

Box 5 - £495.60 - 30th November

Box 6 - £900.85 - 29th November

Box 7 - £3,000.63 - 24th November

Box 8 - £1,665.77 - 11th November

Box 9 - £1,271.47 - 21st December

Box 10 - £758.05 - 20th December

 

I am happy to take on the costs of losing. It will be good experience if nothing else! 

 

 

[Big L]

Another email from Evri today from the CEO complaints team. I have had two emails from them now. 

 

This response was from the guy I spoke to on the phone earlier this week. 

 

He said that the parcels have been lost and due to the time lapsed they will not be able to assist further with a claim. 

 

SendCloud have also said its outside their usual insurance claim process but new info to add. It turns out that they notified the third party warehouse that box 9 was lost and they are claiming for this from their insurance. They have said due to the time on the other boxes they will not be able to claim but have said I can request an exemption from their insurance team so I will be sending the below email to request this.

 

"Dear Sendcloud,

This is an official request for an exemption from the Insurance team, as discussed with XXXX.

We use your service to book deliveries for our clients. There have been 9 boxes that have been lost during transit with Evri. I understand that your usual process for is a claim is to be notified within 90 days of a parcel going missing, however, these shipments are sent into Amazon warehouses and their process is to keep a shipment open for 90 days to allow for late deliveries. After 90 days, the shipments are then closed and confirmed as not delivered.

In the past, you have notified us when a parcel has gone missing, for example shipment H01MLA0003091486. Therefore, our client has worked on the basis that you monitor the shipments booked via you and would notify us of any other lost items. In this case, you have not done this for the following shipments:

XXXX (redacted)

 

Our client has been in discussion with the CEO complaints team at Evri and they have confirmed these parcels are lost and have instructed them to seek compensation from Sendcloud, who can then in turn apply for compensation from Evri.

Our client has taken further advice and has been informed they need to request the reimbursement from you.

Could you clarify your position on this? Also, please could you confirm why you did not notify us that any of the parcels listed above were lost?

We look forward to your response."

[Big L]

Sorry, the warehouse has to send the claim to Sendcloud so its written from them and referring to me as the client

[Big L]

Ok thank you for all your help so far. 
 

Did you see the response with the dates? 

[Big L]

Hey, 

 

Chased a response to the email this morning. Not heard back yet

[Big L]

No not yet. 
 

I believe I’m still in the pre action protocol stage until i have heard back from my email to sendcloud? 

[Big L]

Just to confirm, you are saying I’m not far enough in yet to send the letter of claim?

[Big L]

Is there a template I can use as guidance?

[Big L]

Yes been reading then, just wasn’t sure if there was a full template 

[Big L]

Apologies, been away on holiday. 

 

Letter of claim draft attached

 

Dear Sir/Madam,

 

Parcel Reference: xxxxxxxxxxx

 

On (insert date) I used your service via SendCloud to send a parcel with the above reference number.

 

The parcel never arrived at the location and I have been informed by your support team that it made it to your depot but then never made it out to a courier.

 

The shipping was purchased via the 3^rd party SendCloud but I am pursuing yourselves as I am entitled to do under the Contract (Right of Third Parties) Act 1999.

 

The values of the items to me were xxxx. These items were being sold once they arrived at the final location but I am only claiming for the loss of the cost of goods.

 

I have spoken with your customer services team to try and resolve this but have been unable to. On one telephone call, your agent asked me which depot the boxes went to as they know in certain areas that the boxes are more likely to go missing. This box was a large box so it is unlikely to go ‘missing’ and if it was, then it would be easily found within your warehouse. Your agents have since confirmed that the box was no longer in your warehouse and is declared missing.

 

You have so far declined to reimburse me and I am therefore informing you that I propose to begin a county court claim against you within 14 days of this letter. I will not begin this process if you reimburse me for the lost box before that date.

 

Yours faithfully,

 

XXXX

 

 

[Big L]

A new box has ended up lost. 

Shipped 30th December and value is £1,685.05

[Big L]

It’s from the same batch really but only just appeared as a closed shipment after 90days. Must have been a few days after I noticed the first lot