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

MalMonroe

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? 

Hi, I'm so sorry this happened to you. BUT - all is not lost. Not by a long shot.

There is some information in the following link that should be of some help and interest to you -

https://www.theguardian.com/business/2022/jun/18/buy-now-pay-later-rights-refunds-missguided-returns

It's about Missguided's crash and how customers exactly like you should be able to get a refund. Contact Clearpay and register with them. 

Here's a quote from the article -  

Will my BNPL (Buy Now Pay Later) lender give me a refund?

The UK’s big BNPL operators say most customers with a valid claim will be able to get a full refund. You can pause future payments by registering that you have returned items in the BNPL firm’s app or on its website.

Clearpay says customers who do not receive their purchases or who have returned an item will be repaid or have their debts cancelled. “Our customers will not be in a position where they are out of pocket or lose their legal rights to return,” a spokesperson says.

Please contact Clearpay, without any further delay! Good luck. 

P.S. In spite of what Diamandis above says, this is one piece of information that definitely hasn't been made up!

Manxman_in_exile

Diamandis said:

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

If you want to help the OP, which advice do you think has been made up, and why do you think that?

tightauldgit

mattyprice4004 said:

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

Everyone has a right to complain about anything to anyone. They aren't the customer so their legal rights are limited but they are still a user of a service and can complain if the service doesn't meet their expectations. 

If an EVRI delivery driver took a dump on my doorstep I'd have a right to complain about it even though I'm not their customer.

Of course what EVRI do about the complaint is up to them. 

Sandtree

mattyprice4004 said:

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

Define "right" in this context?

Putting aside the lack of a written constitution we do broadly have freedom of free speech and as such people generally have a right to complain irrespective of if they are a customer or not. Outside of regulated industries those being complained about equally can choose if they act on or ignore a complaint from a customer or non-customer. When you get into regulated industries you typically have explicit rules, timescales etc to follow and these will often define who you have to deal with within the rules. Its technically not always just "customers" (assuming you define a customer as someone who's purchased something) you can for example complain for being turned down in becoming a customer/for a loan.

user1977

tightauldgit said:

mattyprice4004 said:

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

Everyone has a right to complain about anything to anyone. 

"Rights" aren't just things which you aren't prevented from doing.

mattyprice4004

Sandtree said:

mattyprice4004 said:

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

Define "right" in this context?

Putting aside the lack of a written constitution we do broadly have freedom of free speech and as such people generally have a right to complain irrespective of if they are a customer or not. Outside of regulated industries those being complained about equally can choose if they act on or ignore a complaint from a customer or non-customer. When you get into regulated industries you typically have explicit rules, timescales etc to follow and these will often define who you have to deal with within the rules. Its technically not always just "customers" (assuming you define a customer as someone who's purchased something) you can for example complain for being turned down in becoming a customer/for a loan.

Okay, I’ll rephrase - the OP might as well complain to a brick wall for all the good it’ll do as they have no contract with Evri. 

tightauldgit

user1977 said:

tightauldgit said:

mattyprice4004 said:

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

Everyone has a right to complain about anything to anyone. 

"Rights" aren't just things which you aren't prevented from doing.

Regardless of the philosophical debate on the nature of rights, it's always worth a complaint because a) people receive compensation from companies every day that they aren't technically entitled to as a gesture of goodwill and b) any company worth their salt will take complaints on board and if they get enough of them look at whether they can improve.

Now in this case EVRI might do nothing, but I'd say it's just generally bad advice to suggest 'it's not worth complaining'. It's also bad advice to suggest that because you spoke to someone in a call center doing customer service that your complaint has already been listened to and acted on or even acknowledged. Customer Service is there to provide service. If you are unhappy with that service then you should make a complaint using whatever the company's complaints process is. 

Sometimes it will be a waste of time, sometimes you'll get nothing more than an apology and sometimes you'll get something. But always complain if you are unhappy.