Amazon.de/Evri - PAPLOC Now Court Claim - Lost returned Faulty AirPods

[michealo]

Hello everyone,
I’m reaching out to share my recent experience with Amazon and to seek advice on how to proceed.

I purchased a pair of AirPods from Amazon.de, which developed a fault within the warranty period.

I contacted their customer support team, who instructed me to return the item. Unfortunately, the return package was lost in transit with the carrier.
I’ve had to pay for the return, which was shipped from the UK to Slovaki with evri.

I provided all the necessary information, including tracking details, to Amazon’s customer support on multiple occasions, but I still have not received a refund. Their reason for denying my claim was that the purchase was made more than two years ago. However, I reported the fault before the warranty period expired, which should make my refund request valid.

Of course, the loss of the return package was beyond my control.

I have informed Amazon that I am prepared to escalate the matter to the appropriate consumer protection agencies if it remains unresolved.

I am now seeking advice from fellow forum members on how to proceed with this matter.

Has anyone else experienced a similar situation, and if so, what steps did you take to resolve it?

 

Any guidance or suggestions would be greatly appreciated.

[dx100uk]

moved to the postal forum.

your target is evri they lost the item.

i suggest your type in evri in our search a read a good few 10-20+ threads

you'll soon get the idea.

just to be clear, did amazon issue the returns label?

[BankFodder]

I are interested to see that you told Amazon you were going to inform the appropriate consumer protection agencies.

 

Which particular consumer protection agencies did you have in mind?

[michealo]

The label was booked through Interparcel website.

I've reached out to Evri, but they're claiming they're not involved as the service used was EVRi International  
 

Quote

 Evri.com is not connected with international Evri therefore we have no access to orders or accounts when you use that site. Please see the below for details on how to raise an investigation:
The Evri International website is operated by Parcel2go.com Limited(with company number 02591405) under the Evri brand  (which is a trading name of Evri).

 

I've put in a claim against Parcel2Go.com, but they're rejecting it, saying I booked with InterParcel. 
Is it fair to hold them liable for the loss as the "operator" under the Contracts (Rights of Third Parties) Act 1999?

[dx100uk]

who sent you the returns label and who paid for it?

 

[michealo]

Amazon didn't issue the label.

Next time I will think twice when ordering from amazon.eu. They were extremely unhelpful here.

There are multiple reports about parcels getting rejected by the customs in their hub country (Slovakia) and being sent back to sender.

[dx100uk]

Just now, dx100uk said:

who sent you the returns label and who paid for it?

 

 

[BankFodder]

On 30/04/2023 at 18:22, BankFodder said:

I are interested to see that you told Amazon you were going to inform the appropriate consumer protection agencies.

 

Which particular consumer protection agencies did you have in mind?

I would be very interested to get an answer to this question which I put to you 2 months ago.

Thank you

[michealo]

I was about research some agencies that could potentially help, but gave up fairly quickly. This is already not a nice experience.

To clarify, I have paid for and booked the courier myself. 

[dx100uk]

so you are not a third party to EVRI you employed them directly.

start a court claim?

 

[BankFodder]

4 hours ago, michealo said:

I was about research some agencies that could potentially help, but gave up fairly quickly. This is already not a nice experience.

To clarify, I have paid for and booked the courier myself. 

So I gather that you made threats to report to some agency although you didn't know which agency and in fact you never carried out your threat.

It's been two months since you last have visited this thread.

If you want to take control then now is the time to do it but no more bluffing.

As my site team colleague above who suggested – it is about time you started a court claim.

 

[michealo]

I have started to file a court claim against Parcel2Go.com and they have rejected it as I booked with Interparcel.

The parcel was booked through interparcel and the service used was Evri International.

According to the website: The Evri International website is operated by Parcel2go.com Limited(with company number 02591405) under the Evri brand  (which is a trading name of Evri). 
 

Is Parcel2go.com my target here? is it fair to hold them liable for the loss as the "operator" under the Contracts (Rights of Third Parties) Act 1999?

[dx100uk]

1 minute ago, michealo said:

I have started to file a court claim against Parcel2Go.com and they have rejected it as I booked with Interparcel.

so you filed a claim on MCOL against who? WHO was the defendant?

and they have already filed a defence?

post up your particulars. post up their defence

this is all rather confusing.

you need to be more clear to us WHAT you have done in 2mts..we are not mind readers?

dx

[michealo]

The claim is against Parcel2Go.com. It's not a MCOL but a small claims court claim.

They disagree with the claim:
 

2.1. The Claimant on this order has confirmed that they booked an order with Interparcel and not Parcel2Go.com.
2.2. Interparcel is a third party service offering the same parcel solutions as Parcel2Go.com for people sending their parcels.
2.3. Parcel2Go.com have no connection to Interparcel or any of their services. 2.4. The Claimant is required to bring the claim against the correct company.

My Claim:
 

I am writing to address a regrettable situation involving a missing parcel, and I am now seeking compensation for this unfortunate occurrence.

The parcel, which bears the tracking number XXXX, was booked for delivery through 3rd party company (Interparcel).

Nevertheless, my claim is directly against Parcel2Go as the main contract for the delivery of the parcel was organized through them.

The item, originally meant to be an Amazon return, did not make it to my address for reasons currently unknown to me.

The financial value of the missing item is €220.84.

Therefore, I am requesting full compensation for my loss, which includes the original cost of the item as well as the associated shipping expenses.

Thank you for your prompt attention to this matter.

I trust that an amicable resolution can be reached swiftly, avoiding the need for further legal proceedings.

Yours faithfully, 

 

[dx100uk]

small claims IS MCOL. or are you using the new website?

can you pop up your Particulars of claim please, thats your Letter of claim i assume you sent.

and their FULL defence, not just 3 points?

and 

[michealo]

Yes, that is their full defence. Four bullet points. I didn't really provide Particulars of Claim, that was my Reason for claim.

[dx100uk]

then what did you put on the COURT claimform in the 'particulars of claim box' that your sent to the court and the court filed on Parcel2Go.com for them to file that defence back to the court/you?

or are you getting confused between that Letter of claim you sent to Parcel2Go.com and their reply. they call it a claim - it's not a court claim yet -  which you have not raised/started yet?

 

 

[dx100uk]

open

 

[michealo]

Hi everyone,

I have a court hearing date scheduled for June regarding this case.

The service in question is Evri International, which I booked through Interparcel.

However, I am aiming to hold Parcel2Go.com (P2G) liable because they operated the Evri International service.

The Evri International website, which is operated by Parcel2go.com Limited (with company number 02591405) under the Evri brand.

Given that my booking was made through Interparcel and not directly with P2G, am I still in a position to take Parcel2Go to court?

Any advice or insights would be greatly appreciated.

Thank you!

[dx100uk]

who did you put as the claimant? was it Parcel22Go.com

On 21/07/2023 at 13:43, dx100uk said:

what did you put on the COURT claimform in the 'particulars of claim box' that your sent to the court and the court filed on Parcel2Go.com for them to file that defence back to the court/you?

we'll need theirs and your full WS too if they've been filed yet?

[BankFodder]

This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks.

We would like to see please – the claim form in PDF format.
The defence – in PDF format.
Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format.

We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of.

I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems.

I'm sorry to say that the impression the moment is that you aren't really very interested.

If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread.

I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do.

It is not just a piece of social media.

I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up.

Then we will be able to help you

Thank you

[FTMDave]

Thread open.

Please upload here the Claim Form and Defence PDFs you mentioned in your Reported Post so the whole of the forum can see them.

[michealo]

Here

 (edited for personal information). 

 

Claimform.pdf filed defence.pdf

[dx100uk]

please dont use hosting sites.

copied and attached as per our upload guide.

dx

 

[BankFodder]

Thank you for these uploads.

I've had a look at the documents – both your claim form and the defence. They are both pretty sparse but from what I see, I'm afraid that I don't rate your chances of success very much.

Why haven't you sued Interparcel or Evri?

I asked you earlier on to post a bullet pointed chronology – and you haven't done that.

I think we need to see the whole story.

You bought an item from Amazon Germany – what date?
The item failed – what date?
You notified Amazon within the warranty period – what date?
They then said you were outside the warranty period – why?
You then sent the items back to Amazon – who made the arrangements for the return?
You chose Interparcel – why?
I don't see where parcel2go comes into it. They aren't a courier company they are simply brokers.
I then gather that it was transported by Evri and it was lost while in their care stop

You really have given very little the story either to us or to the court's or to the defendant. You came here in April for some advice but rather than answer our questions you went off on your own and am sorry to say I think that you might have thrown this case away.

Give us more details and we will see if it can be rescued.

You may find that you are in a position where you have to abandon this case and then go directly after Interparcel or after Evri. This would mean that you have sacrificed the claim fee on this particular case but at least you stand a better chance of getting your money back.

Please answer the questions. It's very tiresome asking you questions and then not getting responses or having to chase you for them.
 

 

Also, have you prepared a witness statement and a court bundle? If so, where are they? If you haven't – then why not