Evri “loses” c.£15k of goods

[Big L]

No reply and today is the 14th day. Time to submit the claim?

[BankFodder]

Come on, you really shouldn't be asking that question should you.

Haven't you read around the stories on this sub- forum?

You make a threat – you carry out. Otherwise, why bother

[Big L]

Fair point, was just expecting a reply from them so was wondering if I needed to give them time due to bank holiday.

 

Will get on it 

[BankFodder]

It should have been ready on the MoneyClaim website and ready to click off on day 15 at the very moment that your deadline expired.

If you have read sufficient stories on this forum you will know that EVRi never ever respond positively to a letter of claim. All you are doing a satisfying a pre-action protocol.

Please make sure that you do understand what is going to happen once you issue your claim. Of course we will be helping you all the way but you need to be confident and in command of the situation yourself.

[Big L]

Any advice on this is appreciated..

 

The claimant used the defendant's service to deliver numerous items in one parcel, valued at £900.85 to a UK address. Reference number XXXXXXX. Defendant breached the contract by losing the items and refused to compensate the claimant without reason other than "its lost". The shipping was purchased via the 3rd party SendCloud but the claimant is pursuing the defendant as entitles to do so under the Contract (right of third parties) Act 1999. The claimant seeks £900.85 + interest pursuant to section 69 County Courts act 1984. 

 

Also, is there any easy way to copy and paste into this text box? I just had to type that out!

[dx100uk]

yes use notepad or something.

 

dx

 

[Big L]

I tried to copy it over from word but it didn’t work, just kept telling me what attachments I could add 

[dx100uk]

copy the text directly from word screen

come here hit paste.

[BankFodder]

Have EVRi been informed as to the contents of the parcel?

[Big L]

Not as an itemised list but they were told

over the phone when I spoke to the ceo complaints team that they were perfumes 

[BankFodder]

So nothing in writing. Were the items declared as perfumes to anybody before they were sent?

 

I have to say that I did think that all of this have been dealt with and I'm surprised to find that we are in this position just at the moment when we are meant to be issuing the claim 

[Big L]

What do you mean dealt with? 
 

we have spoken about this before and the items were declared when booking via send cloud 

[BankFodder]

I had imagined that in a complaint letter to EVRi before the letter of claim, that the contents of this particular parcel had been listed.

I think that we should just delay for a few days.

Send them another letter

 

Quote

Dear Sir/Mdm

Reference number XXX

Further to my letter of claim dated XXX, I'm informing you that I am beginning the process of issuing the claim against you. Just to put your notice that the parcel which you have lost under the above reference number XXX contained the following items:

List the items

You have a further five days to reimburse me for the lost or stolen items if you wish to prevent the issue of the County Court claim against you.

Yours

 

[BankFodder]

11 hours ago, Big L said:

 

 

The claimant used the defendant's service to deliver a parcel, value £900.85 to a UK address. Reference number XXXXXXX. The defendant is fully aware. The parcel was lost or stolen and the defendant has refused to compensate the claimant. The shipping was purchased via a 3rd party broker. The claimant is a is suing as an entitled third-party under the Contract (right of third parties) Act 1999. The claimant seeks £900.85 + interest pursuant to section 69 County Courts act 1984. 

 

 

 

[Big L]

Thanks, send the letter with the contents today.

[BankFodder]

Great, let's start planning the next one .

Choose a box and then let's draft an initial letter of complaint which itemises the contents.

 

I suggest that we get ready to send it once you have issued this claim and then follow up with the letter of claim when you get their acknowledgement

 

 

[Big L]

Im thinking we do box number 5 which is valued at £495.60. Get the smallest one in and then once we progress these, start putting the bigger ones through. 

 

Thoughts? 

[BankFodder]

That sounds fine.

Prepare the necessary correspondence making sure that the contents are described.

[Big L]

MoneyClaim submitted today and the next letter will be sent tomorrow as below 

 

On 30th November 2022 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 3rd 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 £495.60. 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 plus interest.

 

The items were as follows: 
Paco Rabanne 1 Million Gift Set V. for Men B    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 125 ml     1

 

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. 
 

[BankFodder]

Do you have a recording was some evidence of the statement that was made by their call handler that in some areas boxes are more likely to go missing?

[Big L]

Not an audio recording as she called me out of the blue so I wasn't ready for it  but I have a written note of what was said. 

[BankFodder]

I'm afraid that a written note leads you to he said, she said – your word against mine situation.

This is why you should always be recording course as a matter of routine and not wait until it's too late where you can then say if only I'd known in advance I would record the court.

It would have been extremely useful to have evidence that this is what they said. At the moment you are unable to prove it.

Does the notes that you made include a reference to the name of the person who made this comment?

[Big L]

Annoying I know! She called while I was at the gym.

 

Yeah it has her name 

[BankFodder]

Ok. Don't send the letter yet. There are a couple of modifications to make which I will manage to suggest later

[Big L]

The letter went yesterday - it was the same as the first one but just had the contents added.