Evri change of mind on missing parcel

brightondave

I've been emailing backwards and forwards with them for 3 months now.
When my parcel didn't get delivered i informed them within the 28 day period of it going missing. Ebay had already refunded my customer the £65 for their purchase, a bluetooth photo frame.
They couldn't find it and just kept up different excuses like it was claimed after the 28 day period etc etc, now 3 months later they decide because it has a glass screen its not covered under their terms and conditions.
I can understand if it actually arrived to my customer damaged then i'll have no comeback, but they've actually lost/stolen it.  
Can they legally now tell me that?

GrubbyGirl_2

These are their T&Cs.....

Goods that if I send, I won’t be compensated for if lost or damaged

It is important that you check that the item you wish to send is not on our Non-Compensation Items list.

These are items that we can deliver for you, but due to their nature, we can’t guarantee that they will be Delivered undamaged or lost. This is because such “non-compensation items” might not survive the knocks and bumps they are likely to experience along their journey through our automated network.

 We want to make it clear to you that we can’t accept liability if such items are lost or damaged on the way. If you do choose to send your parcel with us, we strongly advise you to ensure they are thoroughly protected and packaged. You will not be entitled to compensation for any Non-Compensation items.

Glass is on their list.........so superficially they are within their right to refuse to pay out.  Now whether a judge in a small claims court would consider the T&Cs were unreasonable is a risk you could take.  Evri would argue that their T&Cs are clear and therefore the contract between you is clear.  Interestingly the list of none compensation items is so big I'm amazed that they ever pay out!

FYI most couriers cover for loss but not damage on glass

brightondave

Thankyou for your reply
I'd be ok with losing a claim if my customer said it arrived damaged (thats my problem) but it never arrived at all, it was booked as a next day delivery but it has disappeared off the face of the earth which i dont accept?
How should i play this?
Thanks

Debbie9009

My advice would be to keep going back to them, they may give in just to get rid of you.

I had an issue where I sent some chocolate that didn’t arrive with the recipient, they first said it was damaged and not covered as they class it as perishable food, I didn’t agree with that but accepted I wasn’t going to get very far, so just asked them to return the parcel to me as I might be able to salvage some of it.

They then decided it was lost, so I pointed out that it being perishable had no bearing on it being lost so they should pay out, they then decided it was damaged, so again I asked for it back, and they then decided it was lost again, we went back and forth in this manner a few more times, and I then pointed out how they kept changing their story, and politely told them I wasn’t going away until they either returned the parcel or paid for it, they decided to pay for it, I suspect because they just wanted me to go away. 

So it might be worth just keeping on at them.

brightondave

Ok     will let you know how i get on.  😉

GrubbyGirl_2

brightondave said:

Thankyou for your reply
I'd be ok with losing a claim if my customer said it arrived damaged (thats my problem) but it never arrived at all, it was booked as a next day delivery but it has disappeared off the face of the earth which i dont accept?
How should i play this?
Thanks

Send a letter before action and state that their T&Cs are unreasonable and therefore unenforceable see what they say. To be honest I'm pretty bloody minded so would take the change and tale them to small claims court- they are a big business and unlikely to attend and defend it so you'll win by default