Getting a CCJ against Evri

steviebabes

If you under insured then Evri have paid out all you are entitled to. If they paid the item value when they lost or miss delivered a parcel then no one would ever take out insurance.  

Clive_Woody

pinkshoes said:

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:



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.

Does delivering the wrong parcel and taking a photo of this not count as negligence? Or is this just acceptable incompetence from Evri?

baward

Thanks. I have some homework to do...

baward

Does delivering the wrong parcel and taking a photo of this not count as negligence? Or is this just acceptable incompetence from Evri?

Thanks. I'd love to know if 'acceptable incompetence' is a legal term! I am going to pursue this issue with eBay, as the retailer.

Olinda99

Negligence is not just making mistakes which can happen to any business at any time.

To prove negligence you would have to prove at a minimum that the driver knew they had left the wrong parcel but didn't care anyway.

TripleH

What is the insurance for?

It might be argued loosing the parcel is negligence and them paying £20 fulfills this. It might be argued you were negligent by having insufficient insurance and thus not minimising your risk.

This is not a judgement, if you present 1 argument, they will counter so you need to have a response as to why you should get more than £20.

tightauldgit

Clive_Woody said:

pinkshoes said:

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:



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.

Does delivering the wrong parcel and taking a photo of this not count as negligence? Or is this just acceptable incompetence from Evri?

The fact they took a photo of the wrong parcel doesn't really change the fact that the parcel in question was lost so I don't see that it really matters other than to show Evri as being a bit shady/useless. Parcels get lost. That's why you insure them. 

If EVRI had a policy of throwing all uninsured parcels in a big fire rather than delivering them then you may well have a claim for negligence but if they've made their best efforts to deliver it and it's gotten lost then that's what the insurance is there for. 

tightauldgit

TripleH said:

What is the insurance for?

It might be argued loosing the parcel is negligence and them paying £20 fulfills this. It might be argued you were negligent by having insufficient insurance and thus not minimising your risk.

This is not a judgement, if you present 1 argument, they will counter so you need to have a response as to why you should get more than £20.

I don't think that simply losing a parcel would amount to negligence. Parcels get lost all the time by even the best couriers - you'd have to show something along the lines that somehow EVRI contributed to it being lost by doing something out of the ordinary or by consciously neglecting to do the basic stuff expected to deliver a parcel. 

Even then I suspect the fact that they offered insurance and it was turned down would be a big problem for any claim as that's pretty standard industry practice. 

RFW

A company's terms and conditions may not always be enforceable by law. I've been on either side of this. Many years ago, as an auctioneer I had some "conditions of sale" drawn up by a lawyer. I was informed that they were infallible, Trading Standards informed me otherwise.

Whether that would apply in this case is another matter.
Some years ago a courier company lost a box of watches that I'd sent. Their driver admitted to throwing them over a garden fence. The courier informed me that watches weren't covered, I then informed them that they were entirely negligent and clearly employed idiots and that if I didn't receive compensation I'd take it further and embarrass them as much as possible. They gave in and compensated.

I think the problem trying that here is that you probably can't embarrass Evri, they're expected to be incompetent. That said I'd probably try exhausting them and pointing out that it was their driver at fault. Court could just be throwing more money away.

baward

Does delivering the wrong parcel and taking a photo of this not count as negligence? Or is this just acceptable incompetence from Evri?

The fact they took a photo of the wrong parcel doesn't really change the fact that the parcel in question was lost so I don't see that it really matters other than to show Evri as being a bit shady/useless. Parcels get lost. That's why you insure them. 

If EVRI had a policy of throwing all uninsured parcels in a big fire rather than delivering them then you may well have a claim for negligence but if they've made their best efforts to deliver it and it's gotten lost then that's what the insurance is there for. 

To me as a layman, they seem to have dropped the ball by telling me that "your parcel has been delivered and signed for at the delivery address”, when neither event is factually true.