EVRI delivered an empty package

cookace

Hi all
I sold a golf driver on eBay ( first time selling ) but when the recipient got the package it had been opened and was empty. EVRI were the couriers and trying to contact them and speak to a person is proving very difficult, so much so that I’m going round in circles. Anyone else had this experience and how did you resolve it, any feedback would be greatly appreciated.



Hi Everyone 
There seems to be some knowledgeable people on this thread maybe lawyers or above, I’m sorry I can’t reply individually ( I don’t know how to) so I thought I’d edit my own thread in the hope you all see it.
I have included some pictures to show the parcel being dropped off at my local drop off point and the courier delivering it. 

For those of you that are familiar with golf clubs this one has a detachable head and was put in its own box and then taped to the box which had the driver shaft in. As to me securely wrapping this package and nearly half a roll of packaging tape was used to the point where I could swing this parcel as you would a normal club. 

EVRI are telling me that my issue is with paclink as they are the label printers. What I can’t seem to get through to them is that my parcel found its destination all being an empty box and is still somewhere in the system.
Any more feedback would be welcome

Okell

What was the value of the driver?

Did you correctly declare it's value to EVRI?

Parcel protection insurance | MSE

cookace

It was sold on eBay for £59, I haven’t been able to talk to anyone at EVRI apart from a chatbot and an automated phone service. I did raise a complaint but they said my issue was with the label company paclink, the parcel was delivered but as an empty box. So somewhere between me dropping it off and it being delivered it has been stolen.

A_Geordie

Unfortunately Packlink are a Spanish company so you'll have very little chance of suing them if that's what you were thinking. 

Your only real recourse is against Evri on the basis that one of their drivers has tampered, stolen or otherwise interfered with the package which has resulted in the loss of those goods. Whilst your contract will be with Packlink, this legal basis would fall under the Torts (Interference with Goods) Act 1977, specifically 'conversion' which is the legal phrase for someone interfering with goods and denying your rights as the owner. That is of course, assuming the recipient is telling the truth. 

In my view, it is rare for matters like this to be resolved without the need for legal proceedings, so you may want to get on board with that or write it off and move on (if you don't have insurance cover). 

Grumpy_chap

cookace said:

somewhere between me dropping it off and it being delivered it has been stolen.

How do you know it has been stolen?

It does seem rather more plausible that the box became damage and the golf club slid out.  Somewhere in the delivery network, someone will have got frustrated by there being a random loose and quite possibly damaged golf club floating about.

If your communication with the carrier is expressing (even if not directly stating) the mindset of "stolen" it may affect the outcome compared with simply expressing the same message but from the mindset of "gone missing".
Of course, the latter may mean that you carry liability if the packaging was not sufficiently robust for the contents.

It is also possible that the issue is not with the carrier at all - the recipient may have "lost" the contents of the box.  Could happen if there is a communal hallway or suchlike.

What did the tracking delivery photo show?

What insurance did you have to cover the shipment?

Okell

Does it matter if the OP had insurance or not?

Under the Consumer rights Act Evri have a duty to provide their service with reasonable care and skill, which they have obviously failed to do in this case.  The legislation also prevents them from trying to limit their liablility should they breach this duty.  So long as the OP correctly declared the value* of the driver he just needs to complain and follow up with a LBA if the complaint gets nowhere.

Parcel protection insurance | MSE   (Ought to be called "Why you don't need parcel protection insurance")

The OP could also consider going over to Postal and Delivery Services - National Consumer Service where they have a board dedicated to this problem.  They also claim a high success rate.

Also this thread I started a couple of years ago:  Couriers, lost parcels and unfair terms — MoneySavingExpert Forum


*I have asked the OP if he did but he hasn't answered

Alderbank

It's years since I sold anything on eBay but I am aware that goods getting lost in the post is a known problem for all online sellers.
I believe that to resolve this issue, eBay has implemented their Simple Delivery and Buyer Protection.
eBay manage and take responsibility for delivery using their B2B contracts with couriers like Evri and eBay guarantee compensation if anything goes wrong.

Sounds a good idea. It's not connected with consumer rights but it is discussed quite a bit on the eBay page, such as this:
https://forums.moneysavingexpert.com/discussion/6617243/ebay-so-called-simple-delivery-and-buyer-protection-double-jeopardy#latest

For example, one seller says:
The new 'Simple deliver' has several advantages for the seller...I have had one item that was not delivered on time and the buyer got a refund at no cost to me. The item was later delivered so the buyer got the item free and I lost nothing.

@cookace, anything to do with this?

savergrant

Was it sold using 'simple delivery'? How did you despatch the parcel? And did the driver hand the parcel to the recipient?
If the recipient reports item not received to eBay they should deal with refunding and claiming.

Grumpy_chap

Okell said:

Does it matter if the OP had insurance or not?

Under the Consumer rights Act Evri have a duty to provide their service with reasonable care and skill, which they have obviously failed to do in this case.  

Do we know that?

I assume the OP is an individual selling their own golf club, and not by way of trade, so consumer rights apply.

Was the golf club suitably well packed?

Was the golf club definitely not delivered?  Could it have been intercepted after leaving the care of the courier?

Okell

I would say that a courier which loses the contents of a parcel that it has been paid to deliver has been, on the face of it, negligent - and that the evidential burden of proof then switches from the claimant onto the courier to prove that the claimant had been at fault.  How would EVRI do that?

When I was a student over 45 years ago it was called "the thing speaks for itself" or res ipsa loquitur.

Maybe it's different now.


[Edit - must admit I'm assuming the OP is a consumer.  Maybe they aren't]

eddddy

cookace said:

It was sold on eBay for £59, I haven’t been able to talk to anyone at EVRI apart from a chatbot and an automated phone service. I did raise a complaint but they said my issue was with the label company paclink, the parcel was delivered but as an empty box. So somewhere between me dropping it off and it being delivered it has been stolen.

A quick scan of the Packlink T&Cs seems to suggest that if you booked an EVRI delivery through the Packlink website, they ask you to make any claims for losses through the "Packlink Help Centre".

Were EVRI simply telling you to use the "Packlink Help Centre" to make your claim?

(But I only took a very quick look at the T&Cs, so maybe read them in detail!)


But even though you used the Packlink website to make your booking, the T&Cs suggest that your contract is with EVRI. So if you want to 'go legal', it would probably be against EVRI.


(But as others have discussed, are you sure that the EVRI courier is to blame - as opposed to, for example, the buyer telling you fibs?)