Evri cancelled delivery then sent it & returned damaged

Williebhoy1967

I sent a package to Hong Kong, valued at approx £ 5,000 - Put into Evri Locker of a Saturday they collected then by Monday marked it as CANCELLED - Saying I didn't pay TAX (!)  Item was clearly marked as a GIFT, actually a return consignment so no money changing hands. Furthermore I don't believe I should pay tax on export. Any items I have sold abroad,, the buyer pays or vice versa when I purchase from abroad I get charged.

I waited a couple of days, checked tracker still showed Cancelled, so I contacted Evri to say I would collect in person from local Depot next thing I know they have sent it to Heathrow !!!!

When I contacted to complain, I was told it would take SIX weeks to return and no longer be tracked ???????

Some weeks later it was dumped on my front doorstep in full view of passer-by. But no longer in the double strength cardboard box and securely wrapped in industrial tape I had sent it. Now in a plastic bag !!   When I opened it some items were missing valued at approx £ 500 but the main items were intact.

I have since contacted Evri, but apart from a refund of postage they have offered only excuses
1) Item not insured
2) Vale exceeds their limits (As they knew this from the outset, surely return)
3) NO explanation of why they forwarded to Heathrow when clearly marked as CANCELLED !
4) Accepting NO responsibility despite taking ownership from their own locker 

Surely I have some rights as they have blatantly failed to return or allow me to collect while still held locally, sent to London despite being "Cancelled" - Why accept if valued above their limits ?

What are my rights against Evri for compensation ?

the_lunatic_is_in_my_head

Regarding compensation limits see this thread OP (losses being foreseeable assumes they asked the parcel value and it was correctly entered): 

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

If they are saying the items are no compensation I think the same argument in the linked thread above would apply, if they are saying prohibited, question is whether they knew what the goods were in the parcel and still took the parcel (booking flow sometimes has a box to ask what is in the parcel). 

I know hindsight is 20/20 and all that but I wouldn't really want to trust Evri with a £50 parcel, let alone £5000  

@A_Geordie might have something to say about the Torts (Interference with Goods) Act 1977 (I think it falls under trespass of goods but I'm sure they'll correct me if I'm wrong and can confirm the situation regarding losses being foreseeable under the Tort)

Exodi

the_lunatic_is_in_my_head said:

I know hindsight is 20/20 and all that but I wouldn't really want to trust Evri with a £50 parcel, let alone £5000  

Indeed, almost fell off my chair reading Evri was the courier and seeing the first line where the parcel value was £5,000! I feel uneasy using them to deliver a £5 parcel, let alone deliberately choosing them for a parcel worth 5 grand!

Marking something as 'gift' doesn't automatically act as a get-out-of-jail-free-card from duty. The UK for example only exempts gifts valued under £135 from import tariffs. I don't know about Hong Kong

From googling, it suggests:

Receiving Gifts in Hong Kong

• For parcels sent to Hong Kong from abroad, customs duty is only collected if the value of the goods is HKD$4,000 or over.
  

That's about £385.

You mention it wasn't really a gift but a return - I'm not clear on why you did this, as returned goods is a valid category.

E.g. see point 10: https://www.postoffice.co.uk/mail/customs-forms/CN23-form-guide

Keep_pedalling

You made a couple of major mistakes here, the first was using Evri for such a valuable item. The second was declaring it was a gift when it was clearly not a gift. Presumably you paid VAT and possibly import duty when you imported the item, so following the correct procedure you would be able to get those taxes back and avoid issues at the other end due to a false gift declaration. 

MyRealNameToo

Williebhoy1967 said:

I sent a package to Hong Kong, valued at approx £ 5,000 - Put into Evri Locker of a Saturday they collected then by Monday marked it as CANCELLED - Saying I didn't pay TAX (!)  Item was clearly marked as a GIFT, actually a return consignment so no money changing hands. 

So you lied on the declaration? Thats not going to help your cause at all 

There is a separate declaration for returned goods which should have been used. Each country sets its own rules, in the UK "gifts" are only exempt up to the value of £39, anything over £39 is treated as if its commercial goods whereas returns have no cap. 

QrizB

OP had a related problem (lost parcel, domestic delivery) last December, so they should be familiar with the process:

https://forums.moneysavingexpert.com/discussion/6572218/lost-package-no-compensation

DeathByFluffy

QrizB said:

OP had a related problem (lost parcel, domestic delivery) last December, so they should be familiar with the process:

https://forums.moneysavingexpert.com/discussion/6572218/lost-package-no-compensation

First Yodel and now Evri - both with inadequate insurance cover. 
You'd have thought a lesson would have been learned..! 

OP - use FedEx, UPS, DHL etc with the correct amount of cover and you'll find this kind of thing stops happening. 
Yes I know, you have a right to expect a reasonable service - but you're not using reasonable companies so can't expect a 10/10 outcome. 

A_Geordie

the_lunatic_is_in_my_head said:

@A_Geordie might have something to say about the Torts (Interference with Goods) Act 1977 (I think it falls under trespass of goods but I'm sure they'll correct me if I'm wrong and can confirm the situation regarding losses being foreseeable under the Tort)

Trespass to goods is the deliberate interference of the goods whereas conversion is the more serious interference because it assumes the denial of an owner's or possessee's rights. Lost, stolen, selling and destruction of goods would amount to conversion. 

I would be arguing conversion as the primary argument and plead trespass to goods as the alternative fallback position.

OP hasn't confirmed it but let's assume they have a contract with Evri, there would be concurrent liability both in contract and tort (defined as civil wrong without the requirement of a contract, think personal injury). Contract and tort are treated as distinct separate rights of action and depending on the facts, the remedies available could be more favourable in contract or in tort but essentially, it's akin to having two bites of the cherry. 

It may be possible to exclude actions in tort contractually but doesn't apply here since Evri's terms do not explicitly state that from what I've read. Still, there'd be a good chance it would be found to be an unfair contract term if it was included given the B2C relationship and the fact that Evri was in possession and control of the goods.

That said, OP may want to consider the extent of any possible liability of Heathrow Airport since the package was sent there. Absent any evidence to suggest the parcel was still intact and never opened, they could also be joined as a defendant to any proceedings.

Edit: OP has limited rights under the Consumer Rights Act 2015 since they would only be entitled to a refund of the price of the service. The better option is to go down the route of interference with goods since the remedy will be the value of the missing goods.

Williebhoy1967

Thanks for your comments folks, I did not pay tax on import as stated the items were sent on consignment. But the owner then set too high prices to attract more than a few sales so they are being returned due to low uptake. The items were sent via Hong Kong post in smaller packages to me, I certainly didn't pay any import duties.

I take your point about Couriers, I was planning to use Royal Mail to return them, will check out UPS / DHL also and ensure they are covered properly.

However I still think EVRI should be responsible as they accepted, despite being above their limit, failed to return or allow me to collect and then moved it to London for some obscure reason !!

QrizB

Williebhoy1967 said:

Thanks for your comments folks, I did not pay tax on import as stated the items were sent on consignment. But the owner then set too high prices to attract more than a few sales so they are being returned due to low uptake. The items were sent via Hong Kong post in smaller packages to me, I certainly didn't pay any import duties.

This was a business-to-business transaction, then? You were acting as the HK shipper's agent?

the_lunatic_is_in_my_head

A_Geordie said:

Edit: OP has limited rights under the Consumer Rights Act 2015 since they would only be entitled to a refund of the price of the service. The better option is to go down the route of interference with goods since the remedy will be the value of the missing goods.

Excluding above comment from OP regarding possible B2B, is it not possible to rely upon the implied terms of the CRA and instead of seeking a remedy in accordance with the CRA (which as you note would simply limit to price paid), seek general damages for the breach of those implied terms (which the examples in MSE link above appear to be)?  

Would OP have issues with holding Heathrow responsible as it's likely Evri have some kind of processing hub there and it would seem difficult in my view to say if the parcel ever actually came into Heathrow's actual possession, or is there simply no loss or risk in adding them as a defendant?