Getting a CCJ against Evri

baward

Hello,

Last November, I sold something to someone on eBay. The courier I (foolishly) chose were Evri, who a few weeks later lost my parcel. They sent me a photo of 'the delivered item' but the thing is, it wasn't what I sent, and the buyer of my item didn't recognise the items (I actually only sent one thing), or where they were pictured. They have now offered me £20 compensation. The item I sold sold for £140. I have the photos of the item I sent, as well as the items they mis-delivered.

I would be grateful if someone can point me in the direction of help? I am thinking a CCJ might be in order, but I have no experience taking one out. Thanks!

Keep_pedalling

Was there a reason you did not take additional insurance option to cover the full value? 

baward

No. I realise I should have done, but they still lost the item, and the photo they sent as proof of delivery was not the item I sent.

Olinda99

What do their T and C (which you agreed to) state about compensation ?

RM say, for example, max £20 for small parcel or £50 if signed for.

baward

I will check.

tightauldgit

baward said:

Hello,

Last November, I sold something to someone on eBay. The courier I (foolishly) chose were Evri, who a few weeks later lost my parcel. They sent me a photo of 'the delivered item' but the thing is, it wasn't what I sent, and the buyer of my item didn't recognise the items (I actually only sent one thing), or where they were pictured. They have now offered me £20 compensation. The item I sold sold for £140. I have the photos of the item I sent, as well as the items they mis-delivered.

I would be grateful if someone can point me in the direction of help? I am thinking a CCJ might be in order, but I have no experience taking one out. Thanks!

If you haven't insured the item then it's only covered for loss up to the a certain value - which may well be £20 in this case. I'm not saying it would be impossible to recover more than that in a court but you'd probably have to demonstrate that EVRI did something egregious rather than just had normal operational issues which you would expect from a courier

Its important that you check that your items are covered for their value when you send them out and that you've complied with all the terms and conditions. 

DullGreyGuy

tightauldgit said:

baward said:

Hello,

Last November, I sold something to someone on eBay. The courier I (foolishly) chose were Evri, who a few weeks later lost my parcel. They sent me a photo of 'the delivered item' but the thing is, it wasn't what I sent, and the buyer of my item didn't recognise the items (I actually only sent one thing), or where they were pictured. They have now offered me £20 compensation. The item I sold sold for £140. I have the photos of the item I sent, as well as the items they mis-delivered.

I would be grateful if someone can point me in the direction of help? I am thinking a CCJ might be in order, but I have no experience taking one out. Thanks!

If you haven't insured the item then it's only covered for loss up to the a certain value - which may well be £20 in this case. I'm not saying it would be impossible to recover more than that in a court but you'd probably have to demonstrate that EVRI did something egregious rather than just had normal operational issues which you would expect from a courier

Its important that you check that your items are covered for their value when you send them out and that you've complied with all the terms and conditions. 

Nothing is impossible... contracts can have unfair terms (eg caps on liability) and merchants are supposed to operate with reasonable care/skill which it potentially can be argued they haven't (though the cap could still apply).

Certainly not saying the OP will win, not even they have a good chance, but there are often arguments to be made and as long as you are willing to lose the Small Track fees it can be worth a punt on the principle. 

pinkshoes

baward said:

No. I realise I should have done, but they still lost the item, and the photo they sent as proof of delivery was not the item I sent.

I appreciate they lost the item, but at the time of booking, it says:



So you would have had to choose to pay an additional £5.76 for loss/damage for an item worth £140 or otherwise accept a maximum pay out of £20 for their free cover.

You opted for the free cover, and unfortunately as the parcel is lost then they are now offering the cover you opted for of £20.

If you took them to court you would need to prove they were negligent rather than the loss of the parcel being just an unfortunate loss.

baward

Thanks all. I think I temporarily had a brain melt, as I usually always insure something for its full value. This has all been a severe learning experience.

I am interested in what a court might make of them sending me the photo of the item I sent wasn't of the item I sent, as I previously mentioned. I suppose that I should have taken a photo of the item at the time of dispatch; unfortunately I didn't.

RhondaD

To be honest the photo they sent will probably be a moot point because you still didn't insure adequately for the original loss anyway. Expensive mistake but had the item been insured adequately they it wouldn't matter what they sent you a picture of, you still would have got your money back. ☹️

Miser1964

Worth trying a 'letter before action' sent by Royal Mail signed to the CEO. They may pay just to make you go away

HERMES / EVRI HOW TO COMPLAIN DIRECT TO CEO — MoneySavingExpert Forum