Evri “loses” c.£15k of goods

[Big L]

A new box has ended up lost. 

Shipped 30th December and value is £1,685.05

[dx100uk]

create a new thread for it please

 

dx

 

[BankFodder]

2 hours ago, Big L said:

A new box has ended up lost. 

Shipped 30th December and value is £1,685.05

yes please, a new thread for this.

I think it may well be worth beginning a proper claim in respect of this one as well as the claim you are already commencing.

Because this is a completely fresh one and not part of the existing series I think it will be helpful to get going fairly quickly

[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 

[BankFodder]

Can you give us the details please. Date, content, etc. In exactly the same way as the others.

Thanks

[Big L]

Shipped 30th December
 

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 

 

Total Value £1,685.05

[BankFodder]

13 hours ago, Big L said:

Shipped 30th December
 

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 

 

Total Value £1,685.05

all added to the earlier lists.

When does the letter of claim expire please?

Have you register with the MoneyClaim website and have you prepared your claim? Can we see the draft particulars please

[Big L]

What do you mean when does it expire? I have only send the draft to you so far. 

 

No I havent registered with moneyclaim, will do it today.

[BankFodder]

Sorry, I'm afraid I lose track because there are so many of these going on.

I will have a look back and try to figure out where we are

[BankFodder]

On 13/04/2023 at 19:35, Big L said:

 

 

Dear Sir/Madam,

 

 

 Letter of Claim -  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.

I'm also giving you notice that if you attempt to raise the issue of third party rights or the issue of insurance in respect of this court claim that I will decline mediation and go directly to trial

 

Yours faithfully,

 

XXXX

 

 

 

Okay, I can see that a draft letter of claim was prepared but we have yet to decide which value to go for.

I think there was one for about £900 and you might want to go for that one.

Either that or the lowest value. Take your pick and let us know unless you prefer some other choice.

 

Also, you will see that I have proposed an edit – in red where you give them notice that you will be declining mediation.

We have for the most part advise people to go through the mediation process but we are starting to change the advice and advise people to go directly to trial. There is a minimal risk that a court may take a dim view and award costs against you even if you win. These costs would simply be the County Court costs – nothing special. Really you would only need your own claim fee and hearing fee but given the fact that the issue of third party rights is an important question of law and given the extent of the disappearances of your consignments, I I think that there is only a very minimal risk of being penalised your costs if you win.

I think the threat of going directly to trial will put extra pressure on EVRi but more importantly if it goes to trial and you win then I really can't see them resisting claims for all the other consignments that they have managed to lose for you. They would be really stupid.

However, if they did try to resist them then I expect that you would win every subsequent case with very little difficulty.

By the time we got through two or three claims and one them in court, EVRi would realise that the game is up and they would pay out – I expect.

[BankFodder]

Incidentally, I don't think it has been pointed out here that the consumer rights act provisions – even those relating to unfair terms do not apply to you because clearly you are acting as a trader in these transactions.

Instead, if the question comes up – as it surely must – we will be relying upon the unfair terms provisions in the Unfair Contract Terms Act 1977

[Big L]

Thanks for the response. I didnt add the bit in red, think it must have been dx100uk.

 

Do you think we would be better off going for the £485 one or is that too low? If they pay out on that one then just work our way up the list?

 

Where do I send the letter of claim to? 

[BankFodder]

In a way it doesn't matter too much which one you do first – although I thought you might appreciate feeling your way along by doing the smallest value incurring the fewest costs.

I also thought that once you issued your claim you might send another letter of claim immediately and then issue a further claim 14 days later.

We are all feeling our way here in terms of the sheer scale of the disappearances. The edit in red was added by me but thinking about it may be it might be an idea to begin with a mediation but also to issue two or three claims at two week intervals and then when you come to your first mediation point out to EVRi what is happening and that if they settle at the mediation you will want everything settled but if not then you will simply chip away one by one – a thousand cuts.

So maybe it might be an idea to admit the bit in red for this first claim.

When you send it? I supposed to their head office. Make sure you get the right company name because I don't think that you see them as EVRi. I think they are something else more complicated. Have a close look at the bottom of their website and see what their registered name is

[Big L]

Ok ill go with the £900 one then - a nice amount to get back if successful. 

 

Do you think I should send the letter of claim then? Is it by post? If so, ill send it by signed for post. 

 

The address on the website is EVRi Parcelnet Limited, Capitol House, 1 Capitol Close, Morley, Leeds, LS27 0WH

[BankFodder]

Yes, send it by post. Don't worry about getting it signed for.

First class is fine and if you have an email address then send a copy by email as well but make sure that the email refers to the posted version

[BankFodder]

Presumably you have sent off your letter of claim.

Please can you post a copy of the final version which you sent.

Also, I think it might be an idea to start planning the next one. Which one would you like to do next? We may as well start getting it ready

[Big L]

Yes letter of claim has been sent and should be received tomorrow. Also sent via email. 

 

The final draft was the same as the one above but without your red bit. 

 

What's your thinking about doing another one right away? Should we wait to see what happens with this one or is it best to send another right away?

[BankFodder]

I thought maybe we could prepare a letter of claim, send it off two or three days after you had issued your claim and then issue the second claim 14 days after you had issued the first one which would probably coincide with their acknowledgement and asking for a further 14 days.

I'm assuming that you removed my proposed statement about declining mediation. In the second letter of claim we could leave it there to see what happens.

What do you think?

[Big L]

You know more than me about all of this so I am happy to be guided by what you think best. 

[BankFodder]

Well please can you post the final version of your letter of claim

[Big L]

 

Dear Sir/Madam,

 

 

 Letter of Claim -  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

[BankFodder]

Thanks. Can you just remind us as to which number box that is from your earlier list?

 

I think we are going to have to use the numbering system to keep track of what we are doing

[Big L]

It was box 6. I’m keeping good records of everything.

[BankFodder]

It might be an idea to use an identification system.

 

We could call this one

6.900.85.dd.mm (date of issue).

Does that work.

 

It may not be necessary but it becomes then it will be useful to have in place already.

[Big L]

Yep, good idea. 

 

I had a bounce back from the customer services email that i sent the letter of claim to. They told me I need to speak to the chatbot on their website. Its the same email address they were emailing me on before about the boxes so I will just assume they have received it.