Where do I stand? Evri lost my parcel.

RefluentBeans

the_lunatic_is_in_my_head said:

Hello OP

I'd have a read of this:

https://forums.moneysavingexpert.com/discussion/6442661/couriers-lost-parcels-and-unfair-terms/p1

and then send a letter before action, small claims is a personal decision but £750 is a fair sum, the arguments the court put forward in the judgements in the linked thread correspond to the CRA directly, based on that you should win but no one here can guarantee for certain. 

As a side note worth checking if the item was on the courier's prohibited list, if it was and they don't ask what the item is during booking, that would likely weaken your case.  

I disagree - the OP told the courier company that the parcel was worth >£20 - they offered to transport the parcel on that premise. When the parcel got lost, they refunded to the upper amount of that. The OP has now attempted to say that the parcel was actually worth more, and that they should be compensated for that, now that the parcel is lost. The courier failed to deliver on the agreed contract, and has attempted to make the consumer right as if the contract hadn’t been formed. It’s not the couriers fault that there was incorrect information provided by the OP. 

Just the same as if I go to a shop and buy a guitar for £20 and then the shop realises it’s a guitar Jimi Hendrix played and so attempts to back out of the deal because it’s worth more. You make a deal for the agreed amount of money, and the contract is formed on that information. 

born_again

Guitar is not the same though is it.
Courier offers various levels of compensation, depending on how much your are prepared to pay on the risk against the value of the item, not forgetting even than if it's on the list that does not get any compensation anyway.

You can't expect them to stump up the full value (& OP said they did not know how much it cost) when someone says it worth £20 on their declaration 🤷‍♀️

Only same as with post office & sending 1st class post..

screech_78

RefluentBeans said:

the_lunatic_is_in_my_head said:

Hello OP

I'd have a read of this:

https://forums.moneysavingexpert.com/discussion/6442661/couriers-lost-parcels-and-unfair-terms/p1

and then send a letter before action, small claims is a personal decision but £750 is a fair sum, the arguments the court put forward in the judgements in the linked thread correspond to the CRA directly, based on that you should win but no one here can guarantee for certain. 

As a side note worth checking if the item was on the courier's prohibited list, if it was and they don't ask what the item is during booking, that would likely weaken your case.  

I disagree - the OP told the courier company that the parcel was worth >£20 - they offered to transport the parcel on that premise. When the parcel got lost, they refunded to the upper amount of that. The OP has now attempted to say that the parcel was actually worth more, and that they should be compensated for that, now that the parcel is lost. The courier failed to deliver on the agreed contract, and has attempted to make the consumer right as if the contract hadn’t been formed. It’s not the couriers fault that there was incorrect information provided by the OP. 

Just the same as if I go to a shop and buy a guitar for £20 and then the shop realises it’s a guitar Jimi Hendrix played and so attempts to back out of the deal because it’s worth more. You make a deal for the agreed amount of money, and the contract is formed on that information. 

I agree with this. 

I can’t see how the OP can now go back and claim it’s £750 when they didn’t insure it for anywhere near that amount. Otherwise everyone would do that when something was lost. 

powerful_Rogue

If a secondhand working item is worth £750, I fail to see how a non working item is worth the same, so certainly not worth trying to claim that amount if you do try the small claims court.

the_lunatic_is_in_my_head

born_again said

I don't get why even if you think courier will print a label, that you would also not add the address it is going to on the outside as well..

As someone else mentioned DPD do this, they give you a little stub with the barcode on, they'll put a tiny barcode label on the parcel that has no address on it and presumably label the parcel back at the depot. Although I don't think Evri do such, the concept isn't completely inconceivable. 

the_lunatic_is_in_my_head

RefluentBeans said:

I disagree - the OP told the courier company that the parcel was worth >£20 - they offered to transport the parcel on that premise. When the parcel got lost, they refunded to the upper amount of that. The OP has now attempted to say that the parcel was actually worth more, and that they should be compensated for that, now that the parcel is lost. The courier failed to deliver on the agreed contract, and has attempted to make the consumer right as if the contract hadn’t been formed. It’s not the couriers fault that there was incorrect information provided by the OP. 

Just the same as if I go to a shop and buy a guitar for £20 and then the shop realises it’s a guitar Jimi Hendrix played and so attempts to back out of the deal because it’s worth more. You make a deal for the agreed amount of money, and the contract is formed on that information. 

What's your thoughts on paragraph (2) of the grey list? 

Edited to add, are you sure the part in bold is correct? Might be missing it but I don't see where the OP says they entered a value of £20 for how much the contents was worth? 

sheramber

How  much is a broken item worth? 

the_lunatic_is_in_my_head

sheramber said:

How  much is a broken item worth? 

£750 minus the cost of repair I would assume*.

I agree the value isn't £750 but presumably equally the part isn't worthless otherwise it wouldn't have been viable to pay for a repair. 

*Assuming £750 is a fair price to replace the second hand part, if OP purchased their replacement as a brand new part they'd be better looking at refurbished value minus the cost of repair for a more accurate value.  

km1500

since the evri courier did not follow the proper procedures I would have thought it was definitely worth a shot in the small claims procedure claiming a quantifiable loss of £750 less the cost of repair

born_again

the_lunatic_is_in_my_head said:

born_again said

I don't get why even if you think courier will print a label, that you would also not add the address it is going to on the outside as well..

As someone else mentioned DPD do this, they give you a little stub with the barcode on, they'll put a tiny barcode label on the parcel that has no address on it and presumably label the parcel back at the depot. Although I don't think Evri do such, the concept isn't completely inconceivable. 

What I'm saying is DO IT YOURSELF adding the address to the package, then no matter what courier does or doesn't do. The package still has a address of where it needs to go & where it was sent from 👍

Maybe I'm just old school & belt & braces type 😶‍🌫️