Thinking of taking Evri/Myhermes to a small claims court ... advice

OASIS11

Hi All

Quick summary of the facts 
- I ordered clothes from Missguided before they went into administration. Missguided allowed me to print a returns label and return items (around £100) 
- I sent the items back, the next day the news broke that they had gone into administration and were no longer accepting returns. I queried with MG about my return who advised that i was now a creditor even though they allowed me to print my label and return items  
- I contacted hermes as the parcel had not moved in a week, asking if there was a possibility the item could be returned to me (having clothes that don't fit is better than having nothing right?) I offered to pay return costs. They came back to me stating they will investigate my parcel not moving and see if it can be returned.
- They came back saying it was lost and they couldn't assist and to contact MG to submit a claim for loss. Obviously this isn't going to happen as they are administration however i did contact them and they advised they couldn't help me.

I have gone back and forth with Myhermes/Evri, i have tried to file a complaint but they wont send me the procedure and keep just fobbing me off, I have explained the situation with MG and they sent me a claims form and they replied when i sent it back stating they sent it to me in error! and i cannot claim. 
They then tried to tell me i had to query with INPOST however my label has both brand names on so i continued to reply (as well as email inpost) 

I feel like they lost my parcel with my goods in, so why should i be out of pocket. Its not my fault MG have gone into administration and certainly isn't my fault my parcel was lost.

Is it worth raising a claim? Thanks for reading. 

Aylesbury_Duck

OASIS11 said:

Hi All

Quick summary of the facts 
- I ordered clothes from Missguided before they went into administration. Missguided allowed me to print a returns label and return items (around £100) 
- I sent the items back, the next day the news broke that they had gone into administration and were no longer accepting returns. I queried with MG about my return who advised that i was now a creditor even though they allowed me to print my label and return items  
- I contacted hermes as the parcel had not moved in a week, asking if there was a possibility the item could be returned to me (having clothes that don't fit is better than having nothing right?) I offered to pay return costs. They came back to me stating they will investigate my parcel not moving and see if it can be returned.
- They came back saying it was lost and they couldn't assist and to contact MG to submit a claim for loss. Obviously this isn't going to happen as they are administration however i did contact them and they advised they couldn't help me.

I have gone back and forth with Myhermes/Evri, i have tried to file a complaint but they wont send me the procedure and keep just fobbing me off, I have explained the situation with MG and they sent me a claims form and they replied when i sent it back stating they sent it to me in error! and i cannot claim. 
They then tried to tell me i had to query with INPOST however my label has both brand names on so i continued to reply (as well as email inpost) 

I feel like they lost my parcel with my goods in, so why should i be out of pocket. Its not my fault MG have gone into administration and certainly isn't my fault my parcel was lost.

Is it worth raising a claim? Thanks for reading. 

As I read it, you aren't a customer of the courier because you used the retailer's returns label.  Therefore you have no contract with the courier, the retailer does.  Therefore, you don't have a valid claim against the courier.  As they advised, your claim rests with the retailer, which in the event of their going into administration, makes you a creditor.  It's not your fault they've gone into administration, but you just join the list of all the other creditors left out of pocket.

How did you pay, when did you pay, and how much was the transaction worth, exactly?

powerful_Rogue

Don't do it. You have no contract with the delivery company so will lose.

OASIS11

Aylesbury_Duck said:

OASIS11 said:

Hi All

Quick summary of the facts 
- I ordered clothes from Missguided before they went into administration. Missguided allowed me to print a returns label and return items (around £100) 
- I sent the items back, the next day the news broke that they had gone into administration and were no longer accepting returns. I queried with MG about my return who advised that i was now a creditor even though they allowed me to print my label and return items  
- I contacted hermes as the parcel had not moved in a week, asking if there was a possibility the item could be returned to me (having clothes that don't fit is better than having nothing right?) I offered to pay return costs. They came back to me stating they will investigate my parcel not moving and see if it can be returned.
- They came back saying it was lost and they couldn't assist and to contact MG to submit a claim for loss. Obviously this isn't going to happen as they are administration however i did contact them and they advised they couldn't help me.

I have gone back and forth with Myhermes/Evri, i have tried to file a complaint but they wont send me the procedure and keep just fobbing me off, I have explained the situation with MG and they sent me a claims form and they replied when i sent it back stating they sent it to me in error! and i cannot claim. 
They then tried to tell me i had to query with INPOST however my label has both brand names on so i continued to reply (as well as email inpost) 

I feel like they lost my parcel with my goods in, so why should i be out of pocket. Its not my fault MG have gone into administration and certainly isn't my fault my parcel was lost.

Is it worth raising a claim? Thanks for reading. 

As I read it, you aren't a customer of the courier because you used the retailer's returns label.  Therefore you have no contract with the courier, the retailer does.  Therefore, you don't have a valid claim against the courier.  As they advised, your claim rests with the retailer, which in the event of their going into administration, makes you a creditor.  It's not your fault they've gone into administration, but you just join the list of all the other creditors left out of pocket.

How did you pay, when did you pay, and how much was the transaction worth, exactly?

Unfortunately i paid via clearpay as i ordered a few different sizes and i knew i would be sending items back. They havent been helpful and ive paid it all. Guessing il just have to admit defeat and lose £106 
I can enter my details with MG but il get about £1 back .... so frustrating! 
(more because they allowed me to return knowing they wouldn't refund me!) 

tightauldgit

Nope, I think you are snookered. 

Courier was working on behalf of MG not you, so if the item is lost then it's MG's loss not yours. You would then sort it out with MG as they would owe you the refund, but if they've gone under then I'm afraid you are just an unprotected creditor and you've lost your money. 

I imagine what has happened in reality is that they haven't been able to deliver it as MG have refused it or they've come up against a locked door at the returns warehouse and someone at Hermes has just binned it. 

It's probably worth a complaint anyway but I wouldn't hold my breath expecting to receive anything. 

OASIS11

thanks for the advice. How do i go about trying to lodge a formal complaint with Evri as i have asked to do so and they seem to just respond saying contact MG and sorry for the inconvenience? 

mattyprice4004

You have no right to complain, you’re not their customer. 

Aylesbury_Duck

OASIS11 said:

thanks for the advice. How do i go about trying to lodge a formal complaint with Evri as i have asked to do so and they seem to just respond saying contact MG and sorry for the inconvenience? 

Just write to them with your formal complaint, at: Evri, Capitol House, 1 Capitol Close, Morley, Leeds, LS27 0WH

They may not respond, because you're not their customer and don't have a legitimate grievance with them.

Manxman_in_exile

@OASIS11 -  you could try asking here:  Postal and Delivery Services - Consumer Action Group

They reckon they have a pretty good track record advising people with complaints against couriers (in particular Hermes/Evri).

As regards you not being Evri's customer and the fact you have no contract with them, they don't necessarily think that that is a problem because of this legislation:  Contracts (Rights of Third Parties) Act 1999 (legislation.gov.uk)  Whether or not that view is correct, I don't know.

I would also have thought that it's just possible that you might have a negligence claim against Evri, which wouldn't need to be based on any contractual relationship...?

born_again

OASIS11 said:

Aylesbury_Duck said:

OASIS11 said:

Hi All

Quick summary of the facts 
- I ordered clothes from Missguided before they went into administration. Missguided allowed me to print a returns label and return items (around £100) 
- I sent the items back, the next day the news broke that they had gone into administration and were no longer accepting returns. I queried with MG about my return who advised that i was now a creditor even though they allowed me to print my label and return items  
- I contacted hermes as the parcel had not moved in a week, asking if there was a possibility the item could be returned to me (having clothes that don't fit is better than having nothing right?) I offered to pay return costs. They came back to me stating they will investigate my parcel not moving and see if it can be returned.
- They came back saying it was lost and they couldn't assist and to contact MG to submit a claim for loss. Obviously this isn't going to happen as they are administration however i did contact them and they advised they couldn't help me.

I have gone back and forth with Myhermes/Evri, i have tried to file a complaint but they wont send me the procedure and keep just fobbing me off, I have explained the situation with MG and they sent me a claims form and they replied when i sent it back stating they sent it to me in error! and i cannot claim. 
They then tried to tell me i had to query with INPOST however my label has both brand names on so i continued to reply (as well as email inpost) 

I feel like they lost my parcel with my goods in, so why should i be out of pocket. Its not my fault MG have gone into administration and certainly isn't my fault my parcel was lost.

Is it worth raising a claim? Thanks for reading. 

As I read it, you aren't a customer of the courier because you used the retailer's returns label.  Therefore you have no contract with the courier, the retailer does.  Therefore, you don't have a valid claim against the courier.  As they advised, your claim rests with the retailer, which in the event of their going into administration, makes you a creditor.  It's not your fault they've gone into administration, but you just join the list of all the other creditors left out of pocket.

How did you pay, when did you pay, and how much was the transaction worth, exactly?

Unfortunately i paid via clearpay as i ordered a few different sizes and i knew i would be sending items back. They havent been helpful and ive paid it all. Guessing il just have to admit defeat and lose £106 
I can enter my details with MG but il get about £1 back .... so frustrating! 
(more because they allowed me to return knowing they wouldn't refund me!) 

Sadly as it was the day before they went into administration. The staff will have had no idea, other than like the rest of us reading the news that they were in trouble
Staff are always the last to know. 😢

Diamandis

Companies don't have to have an official "complaints procedure", they already have a record of your complaint from you calling.

Just wary of some of the advice given here, some people just seem to make things up.