Evri “loses” c.£15k of goods

[BankFodder]

In case we need to say it I want to be able to point out that they have been happily carrying these kinds of consignments for x number of times over x number of years .

So we are interested to know how many consignments and over what period of time have been sent containing these kinds of goods using EVRi .

 

In terms of the claims, we need to keep the claims to less than £10,000 .

We may as well claim for individual consignments because each one was a separate contract although I don't think that you have told us the dates of each one and that would be helpful to know .

 

We won't be able to do them separately but all at the same time in parallel because EVRi could apply to join them all into a single action and we might lose the advantage of the small claims rules .

 

In case you aren't aware, if you bring claims for less than £10,000 then even if you lose you don't have to pay the other side's costs other than their reasonable cost of travel.

In any event, we would be running the claims experimentally and we have to make a judgement as to whether or not to use the lowest value claim as a pathfinder or simply go for the highest value claim .

 

I am pretty confident that you would win and if we begin with the highest value claim then we could point out to them that once they had paid out that it was going to happen again if they didn't see sense and simply settled.

 

We could try the £3,000 claim to begin with and then a month later after they had filed their defence do a lower value claim and then a month later do another lower value claim so maybe they totalled something like £6,000 or so .

 

Of course although I am confident about the outcome you have to understand that it is a risk and you could be risking your own court costs in the event that you lose .

Of course you would do this yourself with our help but you would incur the claim fee and also the hearing fee in each case and I suppose that you could be looking at total costs of something like about £750 if you lost the case.

You would certainly have to outlay that amount anyway to bring the claim.

 

It is likely that the matter wouldn't be settled one way or another before between 6 months and 12 months

 

I think I may have asked you to tabulate the consignment numbers against the dates that they were sent.

I'd like you to do that pleas e

[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

[BankFodder]

I'm not sure if we have asked you before to avoid typing a solid block of text. It is extremely difficult for people to follow especially when using small screens such as telephones.

Please post using proper spacing and punctuation.

[BankFodder]

I hope you can see that you are starting to be led around by the nose here.

Already EVRi are adopting positions – for instance their 28 day period for notifying them.
That it should be raised with sendcloud because you don't have a contract with EVRi. Of course you don't have a contract with sendcloud either you?
My understanding is that your contract is with the intermediary warehouse company.

Everybody's putting in distance.
 

I think it's about time that you decided if you want to make a claim and that it should be against EVRi. If you decide that you want to go ahead and make the claim then it's a question of deciding which consignment to claim for.

I think the £900 one looks like an attractive possibility. And then follow up a month later with one of the others – to be decided.

[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."

[BankFodder]

You have referred in more than one place to "our client". Who are you referring to here? Maybe it's obvious but I am losing the plot

[Big L]

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

[BankFodder]

Ok will let us know what the response is but if they blank you then frankly I would begin a claim against EVRi without any more mucking around

[Big L]

Ok thank you for all your help so far. 
 

Did you see the response with the dates? 

[BankFodder]

Yes I did. Thank you.

I wanted to reassure myself that when we start bringing claims separately, they have no basis for claiming that they are all part of a single contract.

The fact that they have been sent on separate dates under separate tracking numbers would make it impossible to do that. The only thing they could do would be to apply to join the actions if we brought too many at the same time. Although it is unlikely that they would do that. They have never struck me as being sufficiently nimble and their paralegals tend to be plodders and lacking in imagination

 

[BankFodder]

Any update on this please?

[Big L]

Hey, 

 

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

[BankFodder]

Can you remind me, have you sent them a letter of claim 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? 

[dx100uk]

no that's not part of pap.. pap is letter of claim hence PAPLOC.

so you are not that far yet

 

 

dx

[Big L]

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

[dx100uk]

well if they delay you much longer and you dont really need a reply then we'll do so.

see what @bankfodder says.

 

[BankFodder]

I think it is time to do a letter of claim and to decide which claim we are going to begin with .

Why don't you draft a letter of claim and then we can fill in the particular reference number and the amount when we decide .

 

 

 

 

 

[Big L]

Is there a template I can use as guidance?

[BankFodder]

If you do the reading of the EVRi stories on these sub forums come out, you will find loads of examples.

 

Have you been reading these stories?

[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

 

 

[dx100uk]

dont use docx

all your pers details are in file info/properties 

PDF only!

 

converted to text and placed in post

 

dx

 

[BankFodder]

Please stand by for a reply either tomorrow evening or over the weekend